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Judicial review


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Judicial review

  1. 1. DO-NOW• We will have a do-now after WSMS.
  2. 2. DO-NOW• Please work on your do-now silently.• After you have finished, go ahead and take anything out that needs to be turned in.
  3. 3. ANNOUNCEMENTS• Quiz tomorrow on judicial branch• Study guide due Monday• Test on Tuesday- the Federal System!
  4. 4. TODAY’S AGENDA• Do-Now + Announcements• Introduction to Lesson• Civil v. Criminal Cases • Review • Madlibs!• Judicial Review • Tweeting your ideas! • Notes • Sustained! or Overruled!
  5. 5. REVIEW• What did we do yesterday? • What information did we learn & what activities did we do?
  6. 6. CIVIL V. CRIMINAL CASES Civil Cases Criminal Cases• Court settles a • Court determines if a disagreement between person accused of two parties to recover breaking the law is guilty or damages or receive not guilty of a crime compensation. • Procedures:• Procedures: • Arrested if probable cause • The plaintiff files a complaint • Jail or bail against defendant. • Arraignment • Cases can be heard by a • Trial judge or a jury. • Guilty verdict possibly • Cases can be appealed. appealed
  10. 10. TWITTER GRAFFITI• What’s Twitter? • Have we talked about anything similar to it this week?• What’s Graffiti?
  11. 11. TWITTER GRAFFITI- DIRECTIONS!• Each row will be split into 3 groups.• All groups will be given a sheet of poster board that has a scenario written on it.• EVERYONE needs to write a “tweet” or a response to the scenario. • “Tweets” <140 characters• We will do this 3 times (meaning you will read a prompt & write a response 3 times)
  12. 12. SAMPLE TWEETS• Responses to Obama’s jobs plan proposal: • "Since it takes most of us 2-3 years to clean a garage or a basement, dont pretend that anyone could turn this economy around in 2 year.“ • "If Obama really wanted to help the economy ... hed resign.“ • "If GOP congressmen really wanted to help the economy theyd be willing to negotiate • -from
  13. 13. QUESTIONS? T WI T T E R G R A F F I T I
  15. 15. JUDICIAL REVIEW• The prompts on the posters you responded to are similar to events that happened leading up to and during an important court case.
  16. 16. ARTICLE III• Judicial Power: The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
  17. 17. RECOGNIZE ANYONE? TJ James Madison John Adams William MarburyJohn Marshall
  18. 18. CASE BACKGROUND• President John Adams appointed several judges during his last days in office.• Poster #1: What were some of the “tweets” in response to that scenario?
  19. 19. CASE BACKGROUND• The next president Thomas Jefferson told his secretary of state James Madison not to deliver the paperwork for these appointments to the would-be judges.• Poster #2: What were some of the “tweets” in response to that scenario?
  20. 20. CASE BACKGROUND• William Marbury was one of these would-be judges, and he decided to take advantage of a section in the Judiciary Act of 1789 that allowed him to take his case directly to the Supreme Court.• He sued Madison, demanding his position as a judge.• **So would this be a criminal or civil case?**
  21. 21. CASE DECISION• In 1803, Chief Justice John Marshall spoke for the Supreme Court which decided against Marbury.• Poster #3: What were some of the “tweets” in response to that scenario?
  22. 22. CASE DECISION• The court ruled that although his appointment had been unfairly withheld, he could not just take his case to the Supreme Court without trying it in a lower court.• Marshall said that the section of the Judiciary Act that Marbury had used was actually unconstitutional, and that the Constitution is higher than any law of Congress.
  23. 23. CASE SIGNIFICANCE• Knowing what you know about Article III of the Constitution and the ruling of the Supreme Court, why is this court case, Marbury v. Madison, important?
  24. 24. CASE SIGNIFICANCE• This ruling established the Supreme Court’s power of judicial review, which is when the Court decides if laws passed by Congress are constitutional or not. It also allows the Court to decide if a president’s actions are constitutional or not.• The case gave the judicial branch a powerful check against the legislative and executive branches.
  26. 26. SUSTAINED! OVERRULED!• Blue = Sustained = keep going, that statement is just fine!• Red = Overruled = wait, we need to change this statement, it’s way wrong!
  27. 27. SUSTAINED! OVERRULED!• The judicial branch is granted the power of judicial review in the Constitution.• Sustained? Overruled?
  28. 28. SUSTAINED! OVERRULED!• In Marbury v. Madison, James Madison was suing William Marbury because Marbury had been given a job at the last minute, and Madison thought that was unfair.• Sustained? Overruled?
  29. 29. SUSTAINED! OVERRULED!• The power of judicial review allows the Supreme Court to determine if a law passed by Congress or a presidential action agrees with the Constitution.• Sustained! Overruled!
  30. 30. SUSTAINED! OVERRULED!• Chief Justice John Marshall helped to increase the authority of the judicial branch with the Court’s ruling on Marbury v. Madison.• Sustained? Overruled?
  32. 32. UNITED STATES V. NIXON• U.S. v. Nixon (1974) Holding: The President is not above the law. The special prosecutor in the Watergate affair subpoenaed audio tapes of Oval Office conversations. President Nixon refused to turn over the tapes, asserting executive privilege. The Supreme Court ruled that the defendants right to potentially exculpating evidence outweighed the Presidents right to executive privilege if national security was not compromised.