The Judicial Branch Article III of the United States Constitution. Purpose of Courts A. Resolve legal disputes by applying the law to indv situations 1. Criminal law: the people vs an indv 2. Civil law: an indv vs an indv
Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.
The Judicial Branch
of the United States Constitution
B. Major players
1. Criminal lawa. Prosecutor—represents the people b. Defendant—indv accused of breaking law
2. Civil lawa. Plaintiff—indv who was wrongedb. Defendant—indv accused of wrongdoing
3. Judgea. Applies the lawb. Instructs the juryc. Keeps proceedings fair and neutrald. May decide case if no jury
4. Jurya. Decides facts of caseb. Determines innocence or guilt
“Rule of Four”—four of the nine justices must agree to hear the indv case out of the 1000s of cases appealed to them.
JUDICIAL PHILOSOPHY: An ongoing “discussion” in American politics about the extent to which justices/judges should involve themselves with setting policy. Judges don’t make laws so how does a judge set policy?
JUDICIAL ACTIVISM: the Jud branch is an equal partner with the Leg and Exec and should be actively involved in interpreting and applying laws. Strong belief in judicial review.
JUDICIAL RESTRAINT: the Jud branch should let the Leg and Exec branches set policy and only get involved if that policy is a flagrant violation of Constitution. Not a strong belief in judicial review.
*NEITHER VIEW IS LIBERAL OR CONSERVATIVE*
1. Dred Scott (1857) decision: Slave was property and not free just because he had lived in a free state. As property, and not a US citizen, he had no right to sue in federal court.
14th Amendment (1868) : Declared former slaves to be US citizens with all rights of citizenship.
This amendment nullified the Dred Scott decision.
Stem cell research????
The president CANNOT propose a constitutional amendment. WHY??