Executive Branch Quiz: Tuesday (tomorrow)
Review Sheet for Executive Branch quiz
Junior Girls: Do you love government? Want to gain leadership skills? Missouri Girls State
READING: 441-477 in Edwards
UNIT TWO IDENTIFICATION TERMS
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Today's Essential Question: How is the principle of judicial review used to check the power of the other branches?
Learning Standards:_______________________________________________
Today's Essential Question: How is the principle of judicial review used to check the power of the other branches?
CON-5.A: Explain the principle of judicial review and how it checks the power of other institutions and state governments.
CON-5.A.1: The foundation for powers of the judicial branch and how its independence checks the power of other institutions and state governments are set forth in:
- Article III of the Constitution
- Federalist No. 78
- Marbury v. Madison (1803)
Where in the Constitution does it grant the federal courts, and specifically the Supreme Court, the power of judicial review?
Here is the text of Article III (The Judicial Branch):
Section 1- Judicial powers. Tenure. Compensation.
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.
Section 2 - Judicial power; to what cases it extends. Original jurisdiction of Supreme Court Appellate. Trial by Jury, etc. Trial, where
1. The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States, and treaties made, or which shall be made under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states, between a state and Citizens of another state, between Citizens of different states, between Citizens of the same state, claiming lands under grants of different states, and between a state, or the Citizens thereof, and foreign states, Citizens or subjects. (This section modified by Amendment XI)
2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all the other cases before-mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
Section 3 - Treason defined. Proof of. Punishment of.
1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.
One of the most important (if not the most important) Supreme Court cases is Marbury v. Madison. This video will help explain the root problems addressed in Marbury and more importantly, the Court's decision and its consequences. Please fill out this TEMPLATE and keep with your other important SCOTUS decisions.
Questions to Consider:
1. In the Court's opinion, is Marbury entitled to his appointment? If the Supreme Court of the United States had issued the writ of mandamus, how could it have forced Madison and Jefferson to comply with the order? What would have happened if they had ignored it? (In other words, does the Court have enforcement power?)
2. In this case, Chief Justice John Marshall and the Court "gave up some power in order to get more." Explain. What power did they give up? What power did they gain? Why did the Court do this?
3. Why does the judicial branch, as opposed to the executive or legislative branch, have the power of judicial review? Should the other branches have a say?
4. Is judicial review a good idea? Should nine unelected judges be able to tell our elected representatives what they can and cannot do? Why or why not? Does the Marbury decision mean that legislators or members of the executive branch have no responsibility to judge the constitutionality of their own actions?
5. Are judges, protected with lifetime tenure and drawn generally from the educated class, more likely to be reflective and above the passing enthusiasms that drive legislative action? How political is the Court?
6. Could we have a workable system of government without judicial review? How does judicial review help check tyranny by the majority?
Additional Resources:
Here are a few more videos to help you understand the significance of Marbury v. Madison/judicial review:
Marbury v. Madison=JUDICIAL REVIEW!
This should become as instinctive and reflexive as answering your name. Guaranteed to be on the AP exam.
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