Unit 6: Judiciary Branch
Essential Questions
1. Identify and explain the organization of the Judiciary.
The judicial branch is separated into 3 courts. The Supreme Court, the Court of Appeals, and District Courts. The Supreme Court is the highest court, has 9 justices, an appeals jurisdiction through the certiorari process. The Court of Appeals is the intermediate level court, it has 12 regional "circuit" courts, and is strictly appellate. The District Courts is the lowest level court system, has 94 judicial districts in 50 states, and has no appellate jurisdiction.
2. Identify and provide examples of the Judiciary powers.
The judiciary powers include: 1. interpreting laws, for example, the right to privacy is not specifically mentioned in the Constitution, but the judicial branch has determined that it is implied. 2. judicial review, for example, in the case Roe vs. Wade, the Court overturned a law in Texas that prohibited abortion and violated the rights of women.
3. Identify and explain how Judiciary shares powers with the Congress, Executive, and bureaucracy.
The judiciary branch shares powers with congress by determining if the laws they make are constitutional, while congress has the power to approve appointments that are made to the courts. The judiciary branch also has the power to determine if laws that the executive branch enforces are constitutional, while the executive branch is able to choose nominees to appoint to any of the courts, if there is a vacancy. Bureaucracy is in charge of implementing policy, and if any of those are wrong, the judiciary branch is able to take them to trial, also if interest groups donate and support a cause in trial, they could get their names' on documents for courts to see and recognize them.
4. Discuss the implications of Judiciary sharing powers with each of the following: Congress, Executive, and bureaucracy.
Congress and the executive have the power to decide who to appoint the the courts and can make and enforce laws, along with the bureaucracy, while the judiciary can only interpret them and put people to trial for violations against the Constitution. The framers spent less time discussing the judiciary branch compared to the other two because they already had an understanding of the court system. The framers wanted to spend more time on the other branches because those were new and would be more significant in making a strong government.
5. Discuss the functions that Judiciary performs.
The judiciary functions in interpreting laws. It makes sure that the legislative and executive branch do not violate any laws or the Constitution. They protect the rights of citizens that are guaranteed by the Constitution. The judicial branch also has jurisdiction. Original jurisdiction is when a court is first hearing a case. Appellate jurisdiction is when the original decision is being questioned (case appealed) and another court hears the case.
6. Identify how the power of the Judiciary has/may evolve gradually.
Over time, the judiciary branch has gained more members than it originally had and allows more of a diversity of people to join, such as allowing minorities and women. The supreme court also hears less cases than before, they get about 10,000 cases and only listen to about 100.
7. Identify and discuss the ties between the Judiciary and political parties.
Depending on what party the president identifies with, depends on what type of judge they would appoint, whether they are judicial liberal, judicial conservative, or judicial moderate. Judicial liberal judges are usually appointed by democratic presidents, they believe that the Constitutions is a living organic object whose text evolves over time. Judicial liberals often practices judicial activism, which is the belief that the federal court should correct injustices made by past courts (Ex. Brown vs. Board of Education). Judicial conservative judges are usually appointed by republican presidents, they are less likely to try to change passed decisions. Judicial conservatives often practice judicial restraint, which is agreeing and following along with the settled law. Judicial moderate judges have some liberal views on some issues and conservative views on others, they are usually cast the swing votes.
8. Identify and discuss the ties between the Judiciary and interest groups.
Interest groups are able to influence the appointment process by informing constituents about what their representatives are voting for without their say. When they do that, the constituents usually get mad and go to their senators to voice their opinions. They do this to let their senator know where they stand and get them to vote for or against approving the appointment. Interest Groups also use media to get their issues heard. The ABA is an example of organizing protests dealing with the appointment process of nominees.
9. Identify and discuss the ties between the Judiciary and media.
The media, like interests groups, can either show support for an appointment or scrutinize it. They can use television, talk shows, newspapers, and more to express their support or concerns surrounding the nominees. Media can manipulate citizens into going to their senators in order to express their opinions based off of what the media has shown.
10. Identify and discuss the ties between the Judiciary and state and local governments.
The state and local court systems have original jurisdiction, if there is a decision is unconstitutional, the case could go to the supreme court, which is the court that has the highest authority. The Supreme Court is the highest court, the Court of Appeals is the intermediate court, and the District Court is the lowest court system. Cases usually have to go through each court before it reaches the Supreme Court, and the Supreme Court can only review the case if four justices vote for it.
The judicial branch is separated into 3 courts. The Supreme Court, the Court of Appeals, and District Courts. The Supreme Court is the highest court, has 9 justices, an appeals jurisdiction through the certiorari process. The Court of Appeals is the intermediate level court, it has 12 regional "circuit" courts, and is strictly appellate. The District Courts is the lowest level court system, has 94 judicial districts in 50 states, and has no appellate jurisdiction.
2. Identify and provide examples of the Judiciary powers.
The judiciary powers include: 1. interpreting laws, for example, the right to privacy is not specifically mentioned in the Constitution, but the judicial branch has determined that it is implied. 2. judicial review, for example, in the case Roe vs. Wade, the Court overturned a law in Texas that prohibited abortion and violated the rights of women.
3. Identify and explain how Judiciary shares powers with the Congress, Executive, and bureaucracy.
The judiciary branch shares powers with congress by determining if the laws they make are constitutional, while congress has the power to approve appointments that are made to the courts. The judiciary branch also has the power to determine if laws that the executive branch enforces are constitutional, while the executive branch is able to choose nominees to appoint to any of the courts, if there is a vacancy. Bureaucracy is in charge of implementing policy, and if any of those are wrong, the judiciary branch is able to take them to trial, also if interest groups donate and support a cause in trial, they could get their names' on documents for courts to see and recognize them.
4. Discuss the implications of Judiciary sharing powers with each of the following: Congress, Executive, and bureaucracy.
Congress and the executive have the power to decide who to appoint the the courts and can make and enforce laws, along with the bureaucracy, while the judiciary can only interpret them and put people to trial for violations against the Constitution. The framers spent less time discussing the judiciary branch compared to the other two because they already had an understanding of the court system. The framers wanted to spend more time on the other branches because those were new and would be more significant in making a strong government.
5. Discuss the functions that Judiciary performs.
The judiciary functions in interpreting laws. It makes sure that the legislative and executive branch do not violate any laws or the Constitution. They protect the rights of citizens that are guaranteed by the Constitution. The judicial branch also has jurisdiction. Original jurisdiction is when a court is first hearing a case. Appellate jurisdiction is when the original decision is being questioned (case appealed) and another court hears the case.
6. Identify how the power of the Judiciary has/may evolve gradually.
Over time, the judiciary branch has gained more members than it originally had and allows more of a diversity of people to join, such as allowing minorities and women. The supreme court also hears less cases than before, they get about 10,000 cases and only listen to about 100.
7. Identify and discuss the ties between the Judiciary and political parties.
Depending on what party the president identifies with, depends on what type of judge they would appoint, whether they are judicial liberal, judicial conservative, or judicial moderate. Judicial liberal judges are usually appointed by democratic presidents, they believe that the Constitutions is a living organic object whose text evolves over time. Judicial liberals often practices judicial activism, which is the belief that the federal court should correct injustices made by past courts (Ex. Brown vs. Board of Education). Judicial conservative judges are usually appointed by republican presidents, they are less likely to try to change passed decisions. Judicial conservatives often practice judicial restraint, which is agreeing and following along with the settled law. Judicial moderate judges have some liberal views on some issues and conservative views on others, they are usually cast the swing votes.
8. Identify and discuss the ties between the Judiciary and interest groups.
Interest groups are able to influence the appointment process by informing constituents about what their representatives are voting for without their say. When they do that, the constituents usually get mad and go to their senators to voice their opinions. They do this to let their senator know where they stand and get them to vote for or against approving the appointment. Interest Groups also use media to get their issues heard. The ABA is an example of organizing protests dealing with the appointment process of nominees.
9. Identify and discuss the ties between the Judiciary and media.
The media, like interests groups, can either show support for an appointment or scrutinize it. They can use television, talk shows, newspapers, and more to express their support or concerns surrounding the nominees. Media can manipulate citizens into going to their senators in order to express their opinions based off of what the media has shown.
10. Identify and discuss the ties between the Judiciary and state and local governments.
The state and local court systems have original jurisdiction, if there is a decision is unconstitutional, the case could go to the supreme court, which is the court that has the highest authority. The Supreme Court is the highest court, the Court of Appeals is the intermediate court, and the District Court is the lowest court system. Cases usually have to go through each court before it reaches the Supreme Court, and the Supreme Court can only review the case if four justices vote for it.