Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.
The Judicial Branch
Essential Question: What are the three branches
of government and what do they do?
The Role of the Supreme Court
● Supreme Court has the final say about what the
Constitution means and what laws it will al...
What do they do? (Judicial Review)
● Judicial review: the power of the SC to
overturn any law which the Court decides is i...
Marbury vs. Madison
● Originally a dispute between James Madison
(then Secretary of State) and William Marbury
● Madison w...
The Justices
● To become a SC Justice:
– President chooses a justice among the most
respected judges, lawyers, and legal s...
The Work of the Supreme Court
● Selecting Cases
– 7,000 requests each year; choose cases that
raise the most important Con...
The Work of the Supreme Court
● Writing Opinions
– SC gives a written statement, showing exactly
how the law must be appli...
Influences on Judicial Decision
Making
● How do the justices decide how to vote on
cases?
– Carefully review past preceden...
The Changing Court
● Warren Court (1953-1969)
– Active defense of the rights of people
accused of crimes
● Miranda v. Ariz...
The Changing Court
● Burger Court (1969-1986)
– Judicial restraint: effort by judges to
avoid overturning laws and to leav...
How does the Court interact with
the other branches?
● Judicial review = check on the power of the other
branches
● Presid...
How do the 3 Branches Interact?
● In groups, let's investigate how the 3 branches
interact
● 6 pieces to include:
– 1. Con...
Judicial branch
Judicial branch
Judicial branch
Upcoming SlideShare
Loading in …5
×

Judicial branch

2,514 views

Published on

Published in: News & Politics
  • Be the first to comment

  • Be the first to like this

Judicial branch

  1. 1. The Judicial Branch Essential Question: What are the three branches of government and what do they do?
  2. 2. The Role of the Supreme Court ● Supreme Court has the final say about what the Constitution means and what laws it will allow ● Supreme Court decisions establish the broadest and longest-lasting kind of precedent in our legal system ● Precedent: the laws and decisions that come before – Future cases will generally follow precedent
  3. 3. What do they do? (Judicial Review) ● Judicial review: the power of the SC to overturn any law which the Court decides is in conflict with the Constitution ● Gives the judicial branch final say over the validity of any law passed by Congress and okayed by the President ● Is judicial review in the Constitution? – Marbury vs. Madison
  4. 4. Marbury vs. Madison ● Originally a dispute between James Madison (then Secretary of State) and William Marbury ● Madison wouldn't give Marbury a government job that he had been previously promised ● Instead of dealing with that issue, the SC ruled that the law that allowed Marbury to bring the case forward in the first place was unconstitutional ● Take away point: established a precedent that gave the SC one of its most important powers – judicial review
  5. 5. The Justices ● To become a SC Justice: – President chooses a justice among the most respected judges, lawyers, and legal scholars in the country – The Senate must approve the President's appointment ● Of the 108 justices, ALL but 4 have been men; all but 3 have been white – Thurgood Marshall, Clarence Thomas, Sandra Day O'Connor, Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan ● Salary: $178,360/year (more for a Chief justice)
  6. 6. The Work of the Supreme Court ● Selecting Cases – 7,000 requests each year; choose cases that raise the most important Constitutional issues ● Hearing Arguments – Each side submits written arguments, spoken arguments, then attorneys answer questions ● Making Decisions – Court meets in conference and votes – Simple majority decides the case
  7. 7. The Work of the Supreme Court ● Writing Opinions – SC gives a written statement, showing exactly how the law must be applied or how the Constitution should be interpreted in that case – Majority opinion: Court's opinion written by one of the justices in the majority – the winning side of the vote – Concurring opinion: Someone in the Majority who agrees with the decision but has other reasons for supporting the decision – Dissenting opinion: Someone who doesn't agree ● Final decision is announced
  8. 8. Influences on Judicial Decision Making ● How do the justices decide how to vote on cases? – Carefully review past precedent – The intent of the lawmakers (possibly the Framers) – Their own opinions ● Presidents appoint SC justices he hopes will favor his own positions on important issues such as abortion, same sex marriage, prayer in school, discrimination, etc.
  9. 9. The Changing Court ● Warren Court (1953-1969) – Active defense of the rights of people accused of crimes ● Miranda v. Arizona (“you have the right to remain silent...”) – Judicial activism: effort by judges to take an active role in policymaking by overturning laws relatively often
  10. 10. The Changing Court ● Burger Court (1969-1986) – Judicial restraint: effort by judges to avoid overturning laws and to leave policymaking up to the other two branches of government ● Roe vs. Wade: no state could make a law that forbids a woman to have an abortion ● Rehnquist Court (1986-2005) – Limited the federal government's authority over states
  11. 11. How does the Court interact with the other branches? ● Judicial review = check on the power of the other branches ● President's power: – Appoints justices to the SC ● Congress' power: – Senate can refuse or confirm appointments to the SC ● Out of 148 nominations, 30 have not been confirmed ● Political battle – Amendment process ● Ex. 14th Amendment nullified the Dred Scott
  12. 12. How do the 3 Branches Interact? ● In groups, let's investigate how the 3 branches interact ● 6 pieces to include: – 1. Congress vs. the President – 2. Congress vs. the Judicial Branch – 3. President vs. Congress – 4. President vs. the Judicial Branch – 5. Judicial Branch vs. the President – 6. Judicial Branch vs. Congress

×