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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
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