1. The Judicial Branch
Essential Question: What are the three branches
of government and what do they do?

2. The Role of the Supreme Court
● Supreme Court has the final say about what the
Constitution means and what laws it will allow
● Supreme Court decisions establish the
broadest and longest-lasting kind of precedent
in our legal system
● Precedent: the laws and decisions that come
before
– Future cases will generally follow precedent

4. What do they do? (Judicial Review)
● Judicial review: the power of the SC to
overturn any law which the Court decides is in
conflict with the Constitution
● Gives the judicial branch final say over the
validity of any law passed by Congress and
okayed by the President
● Is judicial review in the Constitution?
– Marbury vs. Madison

5. Marbury vs. Madison
● Originally a dispute between James Madison
(then Secretary of State) and William Marbury
● Madison wouldn't give Marbury a government
job that he had been previously promised
● Instead of dealing with that issue, the SC ruled
that the law that allowed Marbury to bring the
case forward in the first place was
unconstitutional
● Take away point: established a precedent that
gave the SC one of its most important powers –
judicial review

6. The Justices
● To become a SC Justice:
– President chooses a justice among the most
respected judges, lawyers, and legal scholars
in the country
– The Senate must approve the President's
appointment
● Of the 108 justices, ALL but 4 have been men;
all but 3 have been white
– Thurgood Marshall, Clarence Thomas, Sandra
Day O'Connor, Ruth Bader Ginsburg, Sonia
Sotomayor, Elena Kagan
● Salary: $178,360/year (more for a Chief justice)

7. The Work of the Supreme Court
● Selecting Cases
– 7,000 requests each year; choose cases that
raise the most important Constitutional issues
● Hearing Arguments
– Each side submits written arguments, spoken
arguments, then attorneys answer questions
● Making Decisions
– Court meets in conference and votes
– Simple majority decides the case

8. The Work of the Supreme Court
● Writing Opinions
– SC gives a written statement, showing exactly
how the law must be applied or how the
Constitution should be interpreted in that case
– Majority opinion: Court's opinion written by one
of the justices in the majority – the winning side of
the vote
– Concurring opinion: Someone in the Majority
who agrees with the decision but has other
reasons for supporting the decision
– Dissenting opinion: Someone who doesn't
agree
● Final decision is announced

9. Influences on Judicial Decision
Making
● How do the justices decide how to vote on
cases?
– Carefully review past precedent
– The intent of the lawmakers (possibly the
Framers)
– Their own opinions
● Presidents appoint SC justices he hopes will
favor his own positions on important issues
such as abortion, same sex marriage, prayer in
school, discrimination, etc.

11. The Changing Court
● Warren Court (1953-1969)
– Active defense of the rights of people
accused of crimes
● Miranda v. Arizona (“you have the
right to remain silent...”)
– Judicial activism: effort by judges to
take an active role in policymaking by
overturning laws relatively often

13. The Changing Court
● Burger Court (1969-1986)
– Judicial restraint: effort by judges to
avoid overturning laws and to leave
policymaking up to the other two
branches of government
● Roe vs. Wade: no state could make a law
that forbids a woman to have an abortion
● Rehnquist Court (1986-2005)
– Limited the federal government's
authority over states

14. How does the Court interact with
the other branches?
● Judicial review = check on the power of the other
branches
● President's power:
– Appoints justices to the SC
● Congress' power:
– Senate can refuse or confirm appointments to the
SC
● Out of 148 nominations, 30 have not been
confirmed
● Political battle
– Amendment process
●
Ex. 14th
Amendment nullified the Dred Scott

15. How do the 3 Branches Interact?
● In groups, let's investigate how the 3 branches
interact
● 6 pieces to include:
– 1. Congress vs. the President
– 2. Congress vs. the Judicial Branch
– 3. President vs. Congress
– 4. President vs. the Judicial Branch
– 5. Judicial Branch vs. the President
– 6. Judicial Branch vs. Congress