BELL WORK

1
BELL WORK

• What Article of the Constitution outlines the
  specific powers of the Supreme Court?
• How many Supreme Court Justices are there?
• How are they selected?
• Do they have a specified term?

2
Objective

• Analyze the structure, powers, and roles of the
  judicial branch of the United States Government
• Analyze landmark Supreme Court decisions

3
Judicial Branch

• The judicial branch of US government is composed
  of the Supreme Court and all lower federal courts
  as created by Congress.
• The judicial branch was created by Article III of
  the Constitution.

4
The Supreme Court (SC)

• The most significant power of the judicial branch
  is that of judicial review.
• First stated by Chief Justice John Marshall in
  the 1803 case of Marbury vs. Madison.
• Judicial review was not expressly granted the
  court by the Constitution.

5
Main roles and powers

• Interpret the law
• Exercise the power of judicial review
• Chief Justice presides over trials of
  presidential impeachment

6
Judicial Review

• Determine if laws passed by Congress are
  allowable by the Constitution
• Determine if treaties negotiated by the President
  and approved by the Senate are allowable by the
  Constitution
• Determine if actions by the President in
  enforcing the law are allowable by the
  Constitution
• Determine if laws passed by states are allowable
  by the Constitution

7
Jurisdiction

• The Supreme Court hears cases of appeal from
  lower federal and state courts
• The Supreme Court has original jurisdiction (may
  hear a case first) in cases involving a state vs.
  state matter or a branch vs. branch matter

8
Requirements and Terms of Service

• Terms Judges serve for life, they are nominated
  by the president and approved by the Senate but
  may be removed by an impeachment proceeding.
• Requirements There are no specific requirement
  for judgeship in the Constitution

9
Significant Cases

• McCullogh V. Maryland (1819) Decision affirmed
  the constitutional doctrine of Congress's implied
  powers.
• The case concerned the legitimacy of the
  authority of a newly created national bank to
  control the issuance of currency by the states,
  including Maryland.
• Unanimous opinion, written by John Marshall,
  established that Congress possesses not only the
  powers expressly conferred on it by the
  Constitution but also the authority appropriate
  to the utilization of such powers.

10
Significant Cases

• This doctrine, drawn from the elastic clause of
  Article 1, became a significant factor in the
  steady growth of federal powers.
• Article I, Section VIII of the Constitution
  states that Congress shall have the power "to
  make all laws which shall be necessary and proper
  for carrying into execution...
• Also bolstered the power of judicial review
  established in Marbury v. Madison (1803).

11
Significant Cases

• Gibbons v. Ogden 1824
• Aaron Ogden, purchased an interest in the
  monopoly to operate steamboats that New York
  state had granted to Robert Fulton and Robert
  Livingston.
• Ogden brought suit in New York against Thomas
  Gibbons, for operating a rival steamboat service
  between New York City and the New Jersey ports.
• Gibbons lost his case and appealed to the U.S.
  Supreme Court, which reversed the decision.

12
DONE!!!

• At issue was the scope of the commerce clause of
  Article I, Section 8, of the Constitution this
  provides that Congress shall have the power to
  regulate Commerce with foreign Nations, and
  among the several States, and with the Indian
  Tribes.

13
Closure You should be able to answer the
following

• What Article of the Constitution outlines the
  specific powers of the Supreme Court?
• Article III
• How many Supreme Court Justices are there?
• Nine
• How are they selected?
• Nominated by president confirmed by congress
• Do they have a specified term?
• No we are stuck with them for life or until they
  retire.