“It is emphatically the province and duty of the judicial department to say what the law is…If...
19
Judicial Branch “It is emphatically the province and duty of the judicial department to say what the law is…If two laws conflict with each other; the courts must decide on the operation of each” “Interpreting” the law
-
Upload
nigel-norman -
Category
Documents
-
view
229 -
download
0
Transcript of “It is emphatically the province and duty of the judicial department to say what the law is…If...
Judicial Branch“It is emphatically the province and duty of the judicial department to say what the law is…If two laws conflict
with each other; the courts must decide on the operation of each”
“Interpreting” the law
Does the structure of the federal court system
allow it to administer justice fairly?Essential Question
Types of Federal Courts
Inferior Courts = lower federal courts beneath the Supreme Court
Jurisdiction The authority of a court to hear
(to try and decide) a case
Federal courts hear cases for two reasons:• Subject Matter
Application of the U.S. Constitution
• Parties Involved State v. State Citizen v. State
Types of Jurisdiction
Exclusive JurisdictionThose cases that can only be heard in
the federal courts Concurrent Jurisdiction
States and Federal Courts share power to hear cases
Original Jurisdiction A court in which a case is first heard
Appellate Jurisdiction A court that hears a case on appeal
from a lower court
Federal Court Circuits and Districts
Applying federalism to court jurisdiction
All cases not heard by Federal Courts are in the jurisdiction of State Courts…
Define FederalismPower is split between the Federal
government and state governments.
‘Dual Court System’Supreme Court
State Courts
Inferior (lower) Federal Courts
What does the word
“Supreme” mean?
Highest rank and authority; ultimate,
final
Why do you think
it might be important to have a
“Supreme” Court?
Supreme Court JusticesChief Justice and eight associate judges
Nominated and appointed by President, with Senate approval.
Concepts of judicial activism and judicial restrain affect the judicial selection process
Appointed for a life term…rationale?
Maintain their neutrality
Protect the rights of people to express unpopular views
Promote consistent interpretations of laws
Supreme Court Justices Supreme Court Justices can retire:
• At age 70 Must have served 10 years to receive full salary for life
• At age 65 Must have served 15 years to receive full salary for lifeChief
Justice
$217,400 per year
Associate Justices$208,10
0
Supreme Court Justices Vary in their political and legal
philosophies...
Judicial Activism
Loosely interpre
t and appl
y the Constitution based on
ongoing change
s and values.
Judicial Restraint
Follow a stric
t interpretation of the ConstitutionBelieve judges should also follo
w precedent
RecapHow a Judge Decides…
FACTSOF THE CASE
PRECEDENTRELEVANT
CONSTITUTIONTEXT OF THE
PHILOSOPHYJUDICIAL
Supreme Court Both original and appellate jurisdiction
• Most cases come on appeal from the lower courts.
Marbury v. Madison • Supreme court case that established power of judicial review
Original jurisdiction exists when:1. There are controversies involved 2+ states
2. The case involves ambassadors or other public ministers
Judicial Review Supreme Court has the power to
decide the constitutionality of:• State and federal legislation• Actions of chief executives• Decisions of other courts
In other words, the Supreme Court has the final authority on the meaning of the Constitution
They have the POWER to declare acts and laws unconstitutional
How a Case Reaches the Supreme Court
*Rule of Four: At least 4 of 9 justices must agree to hear a case in the S.C.
