Homework : OL 11.1 due Wednesday

1. FrontPage: Why are referees important in a game? Homework: OL 11.1 due Wednesday

2. Is it a catch and touchdown?

4. The Federal Judiciary (aka, the Judicial Branch) Chapter 11, Section 1

5. History of the US Judicial Branch • Under the Articles of Confederation, no national courts existed; • The lack of a national court had led to confusion about the interpretation of national laws and provided no way to settle disputes among the states. • For this reason, the lack of a national court system was called the “crowning defect” of the AoC • Thus, at the Constitutional Convention, Federalists and Anti-Federalists both agreed on need for a national Supreme Court • But….they disagreed on the question of lowerfederalcourts • Federalists – wanted a system of lower federal courts located throughout the nation to interpret national laws, settle disputes • Anti-Federalists – felt lower federal courts would take away state power

6. The Compromise • Article III of the Constitution • Creates the Supreme Court; remains vague on issue of lower courts • Leaves question of whether we would have lower federal courts to Congress (to decide later) • Also remains vague on other key issues • Court’s composition (# of members), qualifications for judges But does establish “permanent tenure” and “fixed compensation” for federal judges

7. Will there be lower federal courts? • First Congress answers question of lower courts by passing the Judiciary Act during their first session in 1789. • A law which creates the first “district courts” and “circuits” • These lower courts help handle the large number of cases brought in federal court

8. Job of the Federal Judiciary • Interpret and apply federal laws and the Constitution • Considered the “guardians of the Constitution” • Need to be independent and free to make the “right” decision… • 2 things help: • Lifetime tenure for all federal judges during good behavior • Salary can not be reduced • Decide the constitutionality of executive/ legislative actions • Use the power of judicial review – • The ability of the Supreme Court to rule on whether presidential, Congressional and even state actions follow the Constitution • **Not in the Constitution

9. The Power of the Federal Judiciary • Originally, the federal courts played a minor role in government • Not until after Marbury vs. Madison do the courts even have the power of judicial review • Congress and the president have what we might refer to as proactive powers • Can initiate actions, don’t have to wait for something to happen • Courts have reactive powers • Need to wait until a suit is brought before they can exercise their power