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The Judicial Branch

The Judicial Branch. State, District and the Supreme Court. John Marshall. Served as Chief Justice from 1801-1835 Greatly expanded the power of the court Introduced the idea of judicial review. Court Systems. Two Court Systems: 1. State Courts 2. Federal Courts

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The Judicial Branch

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  1. The Judicial Branch State, District and the Supreme Court

  2. John Marshall • Served as Chief Justice from 1801-1835 • Greatly expanded the power of the court • Introduced the idea of judicial review Free powerpoint template: www.brainybetty.com

  3. Court Systems • Two Court Systems: 1. State Courts 2. Federal Courts a. lower federal courts b. Supreme Court Free powerpoint template: www.brainybetty.com

  4. State Federal

  5. Jurisdiction • This is the right of a particular court to hear a case • Federal Courts- jurisdiction over U.S. laws, treaties with foreign nations and interpretations of the Constitution Free powerpoint template: www.brainybetty.com

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  7. Federal, not State Cases • Ambassadors and other representatives of foreign governments • Two or more state governments • The U.S. govt. or one of its offices or agencies • Citizens of different states • A state or its citizens and a foreign country or its citizens Free powerpoint template: www.brainybetty.com

  8. Concurrent Jurisdiction In some cases, both state and federal courts have jurisdiction. But if one party insists, case must be tried in federal courts Free powerpoint template: www.brainybetty.com

  9. Types of Jurisdiction • Original – where the case is first heard in a court • Appellate – where you go if you did not agree with decision in original decision • Supreme Court – last stop Free powerpoint template: www.brainybetty.com

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  12. The Supreme Court Free powerpoint template: www.brainybetty.com

  13. The Basic Rules • The Supreme Court, nor any federal court, can initiate action • This makes the U.S. very different than other countries where courts often regulate other areas of governments by introducing cases • Federal courts do NOT offer legal advice; they only rule on cases Free powerpoint template: www.brainybetty.com

  14. Marbury v. Madison • 1801- bill passes that allowed president to appoint 42 justices of the peace in the District of Columbia (President Adams, a Federalist, was on his way out of office. TJ, a Demo-Rep was coming in) • Senate confirmed these appointments, all but 4 were delivered before Adams left office • Jefferson stopped the remaining 4 deliveries • William Marbury, one of the 4, sued for his appointment Free powerpoint template: www.brainybetty.com

  15. The Court Says… • Heard case in Feb 1803 • Marshall: Marbury was violated, BUT he ruled that Congress gave the court too much power under the Judiciary Act of 1789 so that they could not enforce their ruling • This case established Judicial Review (power of the court to examine laws and actions and determine if they are constitutional) Free powerpoint template: www.brainybetty.com

  16. Civil War • After the Civil War, the Supreme Court was forced to deal with newly freed African Americans • Reconstruction Amendments: 13th, 14th, 15th • 13= no more slavery • 14= equal protection under the law • 15 = voting cannot be denied based on race Free powerpoint template: www.brainybetty.com

  17. Plessy v. Ferguson (1896) • This established the premise of ‘separate but equal’ • Plessy, a very light colored man demanded to sit in first class with the white people; told to move to the ‘negro’ section • Sued • Court said segregation is okay • Overturned in Brown v. Board Free powerpoint template: www.brainybetty.com

  18. Brown V. Board

  19. Federal District Courts • 94 total and each state has at least one • Texas has four district courts • There are 550 judges who preside over the district courts Free powerpoint template: www.brainybetty.com

  20. Juries • Grand Jury- included 16 to 23 people to hear charges against a person to determine if there is enough evidence to bring the person to trial • Jury in a criminal case – guilty or not guilty • Jury in a civil case – find either for the plaintiff or the defendant Free powerpoint template: www.brainybetty.com

  21. Circuit Courts • 12 judicial circuits with one appellate court in each circuit • Can make three decisions: 1. Reverse the decision 2. Uphold the decision 3. Send case back to the lower court to be tried again Free powerpoint template: www.brainybetty.com

  22. Selection of Federal Judges • President appoints all federal judges • No qualifications for judges set forth in the Constitution • Serve for life. Why? • Gives them the freedom to be able to make unpopular decisions • Favor judges who belong to their political party • Congress has the power to increase number of judges – most likely when Congress and President same political party Free powerpoint template: www.brainybetty.com

  23. Who are Judges? Anthony KennedyAppointed by: President ReaganAppointed in: 1988Age When Appointed: 52Clarence ThomasAppointed by: President George H. W. BushAppointed in: 1991Age When Appointed: 43Ruth Bader GinsburgAppointed by: President ClintonAppointed in: 1993Age When Appointed: 60Stephen BreyerAppointed by: President ClintonAppointed in: 1994Age When Appointed: 56Sonia SotomayorAppointed by: President ObamaAppointed in: 2009Age When Appointed: 55 • Listed below are the current Justices of the U.S. Supreme Court. Click on the Justice's name for a short biography.John G. Roberts - Chief Justice of the United StatesAppointed by: President George W. BushAppointed in: 2005Age When Appointed: 50John Paul StevensAppointed by: President FordAppointed in: 1975Age When Appointed: 55Samuel A. Alito, Jr.Appointed by: President George W. BushAppointed in: 2006Age When Appointed: 55Antonin ScaliaAppointed by: President ReaganAppointed in: 1986Age When Appointed: 50 Current (2009) salary for the Chief Justice is $217,400 per year, while the Associate Justices each make $208,100. Free powerpoint template: www.brainybetty.com

  24. On the Dockett http://otd.oyez.org/ Free powerpoint template: www.brainybetty.com

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