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  5. 6.2 Principles Of The Judicial Branch
6.2 Principles of the Judicial Branch

6.2 Principles of the Judicial Branch

Assessment

Presentation

Social Studies

12th Grade

Easy

Created by

Amy Schneider

Used 2+ times

FREE Resource

18 Slides • 3 Questions

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Principles of the Judicial
Branch

This Photo by Unknown author is licensed under CC BY.

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Lesson Overview

Students Will Be Able To:
Identify examples of judicial review and precedent.
Identify how Marbury v. Madison established the
federal Supreme Court's power of judicial review.
Compare the methods of selecting federal judges and Pennsylvania judges.
Evaluate whether following precedents is a fair way for courts to make decisions.
Vocabulary:
Judicial Review, Justice

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Essential Question- What principles shape the judicial branch's role and power?

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Judicial Review

Judicial Review- power of the judicial branch to examine acts by the legislative and executive branch and declare them unconstitutional

Remember that the Constitution is
the Supreme Law of the Land
(Rules)

This way the Supreme Court are
referees making sure the rules are
followed

What is the connection
between this case and the
power that the Supreme Court has?

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Place the items according to whether they
represent judicial review or appellate jurisdiction

deciding that a president does not have the power to take a certain action

overturning a decision by a state legislature

ruling that an act of the federal Congress violates the Constitution

reversing a lower court's decision

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Categorize

Options (4)

Ruling that an act of Congress violates Constitution

Deciding a president does not have the power to take a certain action

Overturning a decision by a state legislature

Reversing a lower court's decision

Question image

Place the items according to whether they represent judicial review or appellate jurisdiction.

Judicial Review
Appellate Jurisdiction

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Marbury v Madison

Constitution does not
mention the power of
judicial review.

This power comes
from the 1803
Supreme Court case Marbury v. Madison

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Draw

How did Marbury vs. Madison establish the power of judicial review? Circle or place a mark next to the correct answer.

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What is "Precedent"?

We have used this term before in class and remember that it means a decision or rule that sets an example and shapes future decisions or rules

Example-
Hazelwood v. Kuhlmeier we can see what precedent means
A high school principal edited two different articles in a student run school newspaper
The student authors argued that this violated their 1st Amendment Rights
The Supreme Court said that the school had the right to edit any stories to reflect school values
This set a precedent for future court decisions

Since the Supreme Court is the highest court, it sets precedents for lower courts
By following these Precedents, the judicial system is using stare decisis (Star-ay dee Sigh-cis) Latin for "Let the Decision Stand"

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Interpreting the Constitution

Individual judges will look at and interpret the Constitution differently.
When deciding on a case they may:

Look at earlier decisions for precedents
Examine the historical context of the Constitution
and/or Amendment to interpret what the writers meant
Consider how people's understanding of justice has
changed since 1787

Example- when written, women could not vote and neither
could anyone who was non-white
They may consider the positive and negative
consequences from a ruling
A sense of morality

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In which of the following cases could a court use Employment Division v. Smith (1990) as a precedent to guide its decision?

• Two men in Oregon were fired from their jobs because they failed a drug test after using an illegal drug in a religious ceremony.

• Oregon state denied their application for unemployment benefits because of a rule that the state did not need to provide unemployment benefits to people fired for illegal drug use.

• The question of whether this was a violation of freedom of religion went to court. The Supreme Court ruled that the state of Oregon could deny the unemployment benefits.

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Selection of Judges

• Different ways of selecting and placing judges on the bench depending on the office

Federal Judges
• Federal Court judges and Supreme Court Judges are appointed
• Supreme Court judges are called- Justices
 appointed by the president and confirmed/approved by the Senate

State Judges Across the Nation
• Each state has its own way of selecting judges
• Some are elected and some are appointed

State Judges in PA
• In PA citizens of the state vote for the State Judges to take office (sit on the bench)
• Elections take place in even-numbered years and judges serve either 6- or 10-year terms depending on the court
• In PA Judges have their political party affiliation on the ballot as well

PA Supreme Court

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Draw

How does the selection of judges differ between the federal judiciary and the Pennsylvania judiciary? Circle or place a mark next to the correct answer.

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Essential Question- What principles shape the judicial branch's role and power?

Judicial review is the Supreme Court's power to judge the constitutionality of other branches' actions.

Courts follow precedents of earlier rulings to make decisions.

The president nominates federal judges. States vary in how they select state judges.

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Upcoming

Tomorrow:
oLive Classroom- CNN 10


Monday
oSupreme Court Justices

Tuesday
oLive Classroom- iCivics Game- CourtQuest or Argument Wars



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Principles of the Judicial
Branch

This Photo by Unknown author is licensed under CC BY.

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