4. TODAY’S AGENDA
• Do-Now + Announcements
• Introduction to Lesson
• Civil v. Criminal Cases
• Review
• Madlibs!
• Judicial Review
• Tweeting your ideas!
• Notes
• Sustained! or Overruled!
5. REVIEW
• What did we do yesterday?
• What information did we learn & what activities did we do?
6. CIVIL V. CRIMINAL CASES
Civil Cases Criminal Cases
• Court settles a • Court determines if a
disagreement between person accused of
two parties to recover breaking the law is guilty or
damages or receive not guilty of a crime
compensation. • Procedures:
• Procedures: • Arrested if probable cause
• The plaintiff files a complaint • Jail or bail
against defendant. • Arraignment
• Cases can be heard by a • Trial
judge or a jury. • Guilty verdict possibly
• Cases can be appealed. appealed
10. TWITTER GRAFFITI
• What’s Twitter?
• Have we talked about anything similar to it this week?
• What’s Graffiti?
11. TWITTER GRAFFITI- DIRECTIONS!
• Each row will be split into 3 groups.
• All groups will be given a sheet of poster board that
has a scenario written on it.
• EVERYONE needs to write a “tweet” or a response
to the scenario.
• “Tweets” <140 characters
• We will do this 3 times (meaning you will read a
prompt & write a response 3 times)
12. SAMPLE TWEETS
• Responses to Obama’s jobs plan proposal:
• "Since it takes most of us 2-3 years to clean a garage or a
basement, don't pretend that anyone could turn this
economy around in 2 year.“
• "If Obama really wanted to help the economy ... he'd
resign.“
• "If GOP congressmen really wanted to help the economy
they'd be willing to negotiate
• -from www.cnn.com
15. JUDICIAL REVIEW
• The prompts on the posters you responded to are
similar to events that happened leading up to and
during an important court case.
16. ARTICLE 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. The judges, both of the
supreme and inferior courts, shall hold their offices
during good behaviour, and shall, at stated times,
receive for their services, a compensation, which
shall not be diminished during their continuance in
office.
17. RECOGNIZE ANYONE?
TJ
James Madison John
Adams
William
Marbury
John Marshall
18. CASE BACKGROUND
• President John Adams appointed several judges
during his last days in office.
• Poster #1: What were some of the “tweets” in
response to that scenario?
19. CASE BACKGROUND
• The next president Thomas Jefferson told his
secretary of state James Madison not to deliver the
paperwork for these appointments to the would-be
judges.
• Poster #2: What were some of the “tweets” in
response to that scenario?
20. CASE BACKGROUND
• William Marbury was one of these would-be judges,
and he decided to take advantage of a section in
the Judiciary Act of 1789 that allowed him to take
his case directly to the Supreme Court.
• He sued Madison, demanding his position as a
judge.
• **So would this be a criminal or civil case?**
21. CASE DECISION
• In 1803, Chief Justice John Marshall spoke for the
Supreme Court which decided against Marbury.
• Poster #3: What were some of the “tweets” in
response to that scenario?
22. CASE DECISION
• The court ruled that although his appointment
had been unfairly withheld, he could not just
take his case to the Supreme Court without
trying it in a lower court.
• Marshall said that the section of the Judiciary
Act that Marbury had used was actually
unconstitutional, and that the Constitution is
higher than any law of Congress.
23. CASE SIGNIFICANCE
• Knowing what you know about Article III of the
Constitution and the ruling of the Supreme Court,
why is this court case, Marbury v. Madison,
important?
24. CASE SIGNIFICANCE
• This ruling established the Supreme Court’s
power of judicial review, which is when the
Court decides if laws passed by Congress
are constitutional or not. It also allows the
Court to decide if a president’s actions are
constitutional or not.
• The case gave the judicial branch a
powerful check against the legislative and
executive branches.
25. SUSTAINED! OR OVERRULED!
READ THE SCENARIOS & DECIDE.
26. SUSTAINED! OVERRULED!
• Blue = Sustained = keep going, that statement is just
fine!
• Red = Overruled = wait, we need to change this
statement, it’s way wrong!
27. SUSTAINED! OVERRULED!
• The judicial branch is granted the power of
judicial review in the Constitution.
• Sustained? Overruled?
28. SUSTAINED! OVERRULED!
• In Marbury v. Madison, James Madison was
suing William Marbury because Marbury had
been given a job at the last minute, and
Madison thought that was unfair.
• Sustained? Overruled?
29. SUSTAINED! OVERRULED!
• The power of judicial review allows the
Supreme Court to determine if a law passed
by Congress or a presidential action agrees
with the Constitution.
• Sustained! Overruled!
30. SUSTAINED! OVERRULED!
• Chief Justice John Marshall helped to
increase the authority of the judicial branch
with the Court’s ruling on Marbury v.
Madison.
• Sustained? Overruled?
32. UNITED STATES V. NIXON
• U.S. v. Nixon (1974)
Holding: The President is not above the law.
The special prosecutor in the Watergate affair
subpoenaed audio tapes of Oval Office
conversations. President Nixon refused to turn over
the tapes, asserting executive privilege. The
Supreme Court ruled that the defendants' right to
potentially exculpating evidence outweighed the
President's right to executive privilege if national
security was not compromised.
