THE JUDICIARYUnit 10

Following the Supreme Court Supreme Court Resources

Supreme Court Watch (PBS News hour)Supreme Court In Depth (PBS Video series)Supreme Court (Official web site)Oyez.orgLandmark Cases (PBS)Landmark Cases of the Supreme Court

(Street Law)Supreme Court Cases that changed Americ

a (CNN slide)

Targets 10.1 - 10.7The Supreme Court

10.1 Constitutional BasicsArticle 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.”

Life Tenure: “The Judges, both of the supreme and

inferior Courts, shall hold their Offices during good Behavior…”

Jurisdiction: …In all Cases affecting Ambassadors, other

public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original jurisdiction.  In all the other Cases…the supreme Court shall have appellate Jurisdiction…

10.1 BasicsJudicial Review

The chief “weapon” of the Court

Marbury v. Madison…

Hamilton, Federalist No. 78

The Court has “neither the power of the sword nor the power of the purse”

“the interpretation of the law is the proper and peculiar province of the courts”

John Roberts (2005)…………......Bush Samuel Alito (2006)…………......Bush Sonia Sotomayor (2009)………...…..Obama Elena Kagan (2010)…. …………Obama

10.1 BasicsAppointment

10.1 Basics Interpreting the Constitution

Strict Construction v. Loose Construction

Original Intent (originalism)

Judicial Restraint

Conservative(Republican)

Living Document

Judicial Activism

Liberal(Democrat)

10.1 CASE STUDYThe Court Changes its Mind

10. 2 Historical Development

10.3 Organization & JurisdictionThree tiers of the federal courts Petitioners v. Respondents

10.3 Organization & Jurisdiction

10.3 Organization & Jurisdiction Original v. Appellate

Jurisdiction

…In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original jurisdiction.  In all the other Cases…the supreme Court shall have appellate Jurisdiction…

Cert

Rule of Four

Standing

Resources

10.3 Organization & JurisdictionGetting to Court

10.4 The Court as a policy maker

10.5 Restraints on the Court Checks & Balances

Appointment and confirmation

Appellate Jurisdiction

No enforcement powers

10.6 Politics & the Court Is the Court Immune

from Politics?

Roosevelt’s court packing scheme (start @ 15:00)

10.6 Politics & the CourtIdeology

10.6 Politics & the CourtBush v. Gore

10.6 CASE STUDYPolitics of Appointment

Original Intent

“Robert Bork’s America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters., rogue police could break down citizen’s doors in midnight raids, schoolchildren could not be taught about evolution, writers and artists would be censored at the whim of Government.”

- Senator Edward Kennedy

10.6 CASE STUDYPolitics of Appointment

Alito Confirmation Hearing

10.6 CASE STUDYPolitics of Appointment

10.6 CASE STUDYPolitics of Appointment

10.7 The Court & Public Opinion

10.7 The Court & Public Opinion

10.7 The Court & Public Opinion What is the role of the

courts in our democracy?

Military commissionsCase Study