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C3.1(3) Article III of The Constitution • Created the Judicial Branch (the court system) • Main job: interpret the constitutionality of laws
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C3.1(3) Article III of The Constitution Created the Judicial Branch (the court system) Main job: interpret the constitutionality of laws.

Dec 18, 2015

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Page 1: C3.1(3) Article III of The Constitution Created the Judicial Branch (the court system) Main job: interpret the constitutionality of laws.

C3.1(3)

• Article III of The Constitution • Created the Judicial Branch (the court system)• Main job: interpret the constitutionality of laws

Page 2: C3.1(3) Article III of The Constitution Created the Judicial Branch (the court system) Main job: interpret the constitutionality of laws.

C3.1(3)

• Three Levels of Federal Courts• District Courts

• Lowest level• Trial courts• 94 districts in the U.S.

• Appeals Courts• Middle level• 13 circuits in the U.S.

• Supreme Court• Highest level• 1 court

Page 3: C3.1(3) Article III of The Constitution Created the Judicial Branch (the court system) Main job: interpret the constitutionality of laws.

C3.1(3)

Page 4: C3.1(3) Article III of The Constitution Created the Judicial Branch (the court system) Main job: interpret the constitutionality of laws.

C3.1(3)

• Qualifications:• Appointed by President, confirmed by Senate• No term limit

• Serve until death, retirement, or impeachment • Why Don’t We Elect Federal Judges?

• Don’t want them influenced by temporary passions• Don’t want them to worry about being elected

Page 5: C3.1(3) Article III of The Constitution Created the Judicial Branch (the court system) Main job: interpret the constitutionality of laws.

C3.1(3)

• How Does The Supreme Court Check the Other Branches? • Can declare laws made by Congress “unconstitutional”(no basis in Constitution) • Can declare presidential acts unconstitutional

Page 6: C3.1(3) Article III of The Constitution Created the Judicial Branch (the court system) Main job: interpret the constitutionality of laws.

C3.1(3)

• 4 Kinds of Law in the U.S.• Statutory Law

• Laws passed by Congress and state and local governments• Their meaning is unambiguous

• What Are Some Examples of Statutory Law?• Fire exits in public buildings • Disability access• Speed limits

Page 7: C3.1(3) Article III of The Constitution Created the Judicial Branch (the court system) Main job: interpret the constitutionality of laws.

C3.1(3)

• Common Law• Law developed through “stare decisis” (looking to prior similar cases) • Does not rely on legislative or executive actions, relies on common sense• Allows for flexibility • What Is an Example of Common Law?

• Dividing of property after death or divorce

Page 8: C3.1(3) Article III of The Constitution Created the Judicial Branch (the court system) Main job: interpret the constitutionality of laws.

C3.1(3)

• Administrative Law• Made by government agencies

• “Bureaucrats” (unelected gov’t officials) • Laws that affect our daily lives• What Is an Example of an Administrative Law?

• Food recall• Toy recall

Page 9: C3.1(3) Article III of The Constitution Created the Judicial Branch (the court system) Main job: interpret the constitutionality of laws.

C3.1(3)

• Constitutional Law• Laws based on the Constitution • deals with the basic relationships between the different entities in our society

• Ex: laws that define the relationship between gov’t and the people• What Are examples of Constitutional Law?

• Freedom of speech• Right to an education

Page 10: C3.1(3) Article III of The Constitution Created the Judicial Branch (the court system) Main job: interpret the constitutionality of laws.

C3.1(3) SUMMARY QUESTIONS

1. In Your Opinion, Should We Elect Federal Judges? Explain Your Answer2. Why Do You Think Some People Feel Stare Decisis Is Easily Abused by

Judges?3. What Are Three Examples of Statutory Law You Will See Today?4. In Your Opinion, Could Administrative Law Ever Be Used Too Much? Not

Enough? Explain5. Why do You Think Some People Feel Bureaucrats Sometimes Threaten Our

Democratic Form of Government?