1.4 day 1 ppt

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Published on February 18, 2014

Author: bravogths

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1.4 day 1 ppt

1.4 Expanding Judiciary 1.4 - DAILY SHEET 1

Learning Objective  Students will be able to describe how Marbury v. Madison clarified and expanded the role of the judicial branch.

Do Now  Judiciary: the judicial authorities of a country; judges collectively.  Judicial Review: review by the US Supreme Court of the constitutional validity of a legislative act (est. w/ Marbury v. Madison).  Writ of Mandamus: an extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's discretion.

The Scope of Judicial Power  Judicial power is passive and reactive  Hamilton (Federalist) called it “the least dangerous branch”  The Framers viewed the federal judiciary as an important check against Congress and the President (Checks & Balances)  Has no influence over the “sword” or “purse”  Judicial power is ensured via:   Insulation from public opinion Insulation from the rest of govt.

Judicial Federalism: State & Federal Courts (write down)  The US has a dual court system: state and federal; they exist and operate at the same time in the same geographic areas  While each hears certain types of cases, neither is completely independent of the other. The two systems often interact and share the goal of fairly handling legal issues.

Why two court systems?  The Constitution created a govt. structure known as federalism that calls for the sharing of powers between federal and state govts. It gives certain powers to the federal govt. and reserves the rest for the states.   The federal court system deals with legal issues expressly granted to it by the Constitution. The state court systems deal w/ state constitutions and the legal issues that the U.S. Constitution didn’t give to the federal govt. or explicitly deny to the states.  For example, because the Constitution gives Congress sole authority to make laws concerning bankruptcies, a state court would lack jurisdiction. Likewise, since the Constitution does not give the federal govt. authority in most family law matters, a federal court would lack jurisdiction in a divorce case.

Supreme Court Jurisdiction

Article III (Constitutional) vs. Article I (Legislative) Courts Original Jurisdiction Appellate Jurisdiction The authority of a court to hear a case “in the first instance” The authority of a court to review decisions made by lower courts

The Federal Judicial System District Courts  Hear more than 258,000 civil cases and 68,000 criminal cases annually   Use both grand juries and petit juries District judges are appointed by the president, subject to confirmation by the Senate, and hold office for life

Judicial Systems The Adversarial System The Inquisitorial System Judges serve as relatively Judges take an active role passive and detached in discovering and referees who do not argue evaluating evidence, will with attorneys or question witnesses, and challenge evidence intervene as deemed necessary • Court of law is a neutral arena where 2 parties argue their differences • The federal government brings criminal cases • The federal judiciary decides the cases

Types of Legal Disputes • Criminal Law – Crimes against the public order – Liberty is at stake – Right to governmentprovided attorneys – Right to trial by jury • Civil law – Relations between individuals, and their legal rights – Typically monetary punishment The Great Debate over the Proper Role of the Courts The contemporary debate over the Supreme Court's role is really a debate about the proper balance between government authority versus individual rights.

The Eleven U.S. Circuit Courts of Appeal

Strict and Loose Construction  Strict: literal reading of the Constitution by examining the original language of the document and the intent of the framers.  Loose: a belief in a flexible reading of the Constitution, taking into account modern values and realities.

Strict vs. Loose  Thomas Jefferson believed in a strict construction of the Constitution. He believed people should follow exactly what was stated and allowed in it.   When it came to the national bank, he believed in a strict interpretation, as well. On the contrary, he believed in a loose interpretation of the Louisiana Purchase.

Strict vs. Loose  On the other hand, Alexander Hamilton believed in a loose construction of the Constitution, and also the national bank.  He thought you could take whatever action you wanted, as long as the document did not specifically say you couldn't do it.

Marbury v. Madison 1803 (write down) Name and Date of the Case Facts of the Case Summary of the Decision Significance of the Decision Marbury v. Madison, 1803 William Marbury, appointed to a federal judgeship by outgoing President Adams, was denied his Commission by incoming President Jefferson. Marbury argued that the Supreme Court could force Secretary of State Madison to perform his official duty and deliver Marbury his commission. The Court struck down as unconstitutional the law on which Marbury had based his case. Established the principle of Judicial Review.

Marbury v. Madison 1803

Judicial Review  The power of a court to refuse to enforce a law or government regulation that, in the opinion of the judges, conflicts with the U.S. Constitution or, in a state court, the state constitution  Only a constitutional amendment or a later Supreme Court can modify the Court’s decisions

Exit Ticket  How did the concept of judicial review expand the role of the judiciary?

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