Top Banner
ARTICLE III: JUDICIAL BRANCH
17

ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.

Jan 06, 2018

Download

Documents

Douglas Hopkins
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.

ARTICLE III: JUDICIAL BRANCH

Page 2: ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.

ARTICLE III SECTION I

• Interprets laws passed by the Judicial Branch

• United States Supreme Court- highest court in the United States- inferior courts handle state and local cases

• Judiciary Act of 1789- established structure of court system

Page 3: ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.
Page 4: ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.

US SUPREME COURT

• Nine Justices and One serves as Chief Justice

• John Roberts- current Chief Justice of Supreme Court

• Justices serve for life or until they retire or are impeached

• SCOTUS justices earn $200,000/year.

Page 5: ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.
Page 6: ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.

DUTIES OF SUPREME COURT JUSTICES

• Not described in the Constitution • Developed from laws, tradition, and specific needs• Main duty: hear and rule on cases

• Expressing their explanation in the Court’s opinion

• Each justice oversees a federal district

• Special situations• Justice Earl Warren investigated the Kennedy assassination

Page 7: ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.

SELECTION OF FEDERAL JUDGES• Presidential appointment and

Senate approval• 1. Party Affiliation• 2. Judicial Philosophy• Strict vs. Liberal Interpretation

• 3. Senatorial Courtesy• Pres. Submits nominees to the

Senators from that state• If one disapproves, the

nomination is withdrawn• 4. Background of Federal

Judges• Almost all of them have legal

training from top schools• Recently, more women and

minorities are gaining seats

Page 8: ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.

INTERPRETING LAWS

• Strict Constructionists: laws and the Constitution should be interpreted according to their wording. • If the wording is vague, the judge should look at the

historical context for the author’s intended meaning (primary source documents)

• Liberal Constructionists: laws and the Constitution should be interpreted in the light of current political and social conditions.

Page 9: ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.

CASES HEARD BY SUPREME COURT

• Cases Involving Constitution• Violations of Federal Law• Controversies Between States• Disputes Between Parts of Different States• Suits Involving Federal Government• Cases Involving Foreign Governments• Cases Involving Maritime Laws• Cases Involving US Diplomats

Page 10: ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.

JUDICIAL REVIEW

• Ability of the court system to decide the constitutionality of laws

• Marbury v. Madison (1803)- case that gave court system ability to declare laws unconstitutional

Page 11: ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.
Page 12: ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.

WHAT INFLUENCES A JUDGE’S DECISION?

• Precedent- standard set by previous laws- Stare Decisis: “let the decision stand”

• Social conditions/change- race, abortion

• Legal and personal views

Page 13: ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.
Page 14: ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.

LIMITS ON THE SUPREME COURT

• Court officials can be impeached

• Court officials have to be appointed by the President and confirmed by the Senate

• Court rulings can be ignored or changed if Congress amends laws or the Constitution

Page 16: ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.

ARTICLE III

• Section II• Has jurisdiction over cases within the United States• Trial of crimes by jury and held in state where crime

committed• If committed outside US, Congress declares where trial is

held (ex: terrorism cases)

• Section III• Treason - levying war against US, giving aid and comfort

to US enemies• Need two witnesses to treasonous act

Page 17: ARTICLE III: JUDICIAL BRANCH. ARTICLE III SECTION I Interprets laws passed by the Judicial Branch United States Supreme Court - highest court in the United.

CHECKS ON OTHER BRANCHES

• Checks on the Legislature • Judicial review• Seats are held on good behavior• Compensation cannot be diminished

• Checks on the Executive • Judicial review• Chief Justice sits as President of the

Senate during presidential impeachment