The Judicial Branch

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The Judicial Branch
Its Powers and Limits
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• TP- The Judicial Branch
• CM- 192-210
• Geo- Draw a U.S. Map shading the 12 federal
  Judicial Circuits and Districts.

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• Graphic Organizer- 2 parts- 1) Research a recent
  Supreme Court Case 2000-2007. 1 page summary-
  same setup as BOR Test. 2) Pick a Current Chief
  Justice and complete a Bio Cube on them.

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• Ill. Dict.- Precedent, Judicial Review
• SRs-
• Pg. 195 2-5
• Pg. 199 2-5
• Pg. 204 2-4
• Pg. 210 2-5

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Current Supreme Court
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Early History

• Early in the life of the United States, the
  Supreme Court had little true power.
• It heard very few cases each year and was the
  weakest of the three branches of government.

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Early History
In the early 1800s, however, the courts power
increased because of Chief Justice John Marshall.
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Early History

• In 1803, the Supreme Court heard Marbury v.
  Madison.
• In this case, the Court ruled that a certain law
  was unconstitutional.
• This meant that the law violated the Constitution
  and was invalid.

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Judicial Review

• This power became known as the power of judicial
  review.
• Judicial Review is the power to overturn any law
  or executive order which the Supreme Court
  decides is in conflict with the Constitution.

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Judicial Review

• The Supreme Courts primary power is to limit the
  power of the other two branches by declaring laws
  and executive orders unconstitutional.

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Limits on the Legislature

• The Supreme Court ruled a federal law involving
  federal income tax was unconstitutional.

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Limits on the Legislature

• In 1894 Congress passed a law for a federal
  income tax.
• In 1895, however, the Supreme Court ruled that
  law unconstitutional.
• The income tax law was removed.

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Limits on the Executive Branch
President Harry Truman issued an executive order
that the Supreme Court declared unconstitutional.
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Limits on the Executive

• In 1952 America was involved in the Korean War,
  and Steel workers threatened to go on strike.
• Truman issued an executive order to take over the
  mills and keep them running.
• The owners sued. The Supreme Court ruled that
  Truman did not have that authority, making the
  order unconstitutional.

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Executive Limits on the Court

• The President appoints justices to the Supreme
  Court.
• Justices serve until retirement or death which
  gives the president great power in swaying the
  direction of the Supreme Court if a seat becomes
  vacant.

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Legislative Limits on the Court

• Congress has a number of ways to limit the
  Judicial Branch
• - creates the federal court system.
• - decides jurisdiction of courts.
• - provides money for courts.
• - can impeach and remove justices.
• - Senate approves Presidential nominees.

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Legislative Limits on the Court

• Since the Supreme Courts decisions are based on
  their interpretation of the Constitution, another
  way to limit its power is to change the
  Constitution.

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Amendment Process

• The Congress may begin the amendment process.
• If both houses pass a proposed amendment with a
  2/3 majority vote then the proposal goes to the
  states.
• 3/4s of all states must then ratify an amendment
  (38/50).

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Limits on the Legislature

• To establish a federal income tax, Congress had
  to start the amendment process to change the
  Constitution.
• By 1913, the 16th Amendment was passed which
  amended the Constitution to allow the income tax.

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The Judicial Branch
Its Powers and Limits