Name: ___________________________________________ Mod: ________

Date: _______ / ________ / 2011 U5.LP2: Powers of the Judicial Branch

Objective: Students will analyze landmark Supreme Court Cases in order to make inferences about the
ability of the Judicial Branch to interpret the law.
Warm-Up
A. Students’ rights to express their opinions in school
1. Gideon v. Wainwright
B. Desegregation of schools
2. Plessy v. Ferguson
C. Separate but equal doctrine
3. Tinker v. DesMoines
D. A criminal defendant is afforded a lawyer if she can’t afford one.
4. Brown v. Board of
E. School officials can search a student if there is suspension that
Education
they are violating a school rule.
5. N.J. v. TLO
F. You have the right to remain silent, the right to know the charges
6. Miranda v. Arizona
against you…
Introduction to New Material
Main Points Supporting Details
The Judicial  The Judicial Branch interprets laws, which means they evaluate actions and
Branch decide if they are constitutional or __________________________.
 There are two categories of ____________ that are interpreted by the judicial
branch: Criminal and ________________.

 The Judicial Branch runs the _____________ system.

 In the court system, cases are heard and decided based on _____________
(previous case’s decisions), the constitution and laws.
 There are court systems at the local, state, and ______________ levels of
government.

Federal v. State  U.S., or __________, courts only hear cases that have to do with the U.S.
Courts Constitution
 State courts only hear cases that have to do with the _______________ constitution.
 The U.S. Supreme Court will only hear state cases that deal with a _________
Constitution issue.
Structure of the Courts

Court Cases at the 1. Cases are first heard by _______________ courts.

State Level 2. If their decisions are _______________, then the case will go on to an intermediate
appellate court.
 Appellate courts only hear cases that make an _______________ of law (this
means they review a judge’s decision instead of the facts of a case).
3. If that decision is appealed, then the Court of ________________ will hear the
case.
Court Cases at the
Federal Level 1. Cases are first heard by district courts.
2. If their decisions are appealed, then the case will go on to a ___________ Court of
Appeals.
– Appellate courts only hear cases that make an error of law (this means they
_______________ a judge’s decision instead of the facts of a case).
3. If that decision is appealed, then the U.S. ________________ Court will hear the case.
Checks and
Balances • The Supreme Court can:
• Declare a law or action of government unconstitutional (____________ review)
• Chief Justice sits as President during ________________ trials.
• Supreme Court ________________ serve for _______________ and cannot be taken out of
office unless they are impeached.

• Congress can:
• Impeach Justices
• _______________ laws overturned by the Supreme Court
• Set the _________________________ of Federal Courts
• The President can:
– __________________ Supreme Court Justice
– appoint District Judges
• The _________________ must approve these positions.

What is the MAIN POINT of Marbury v. Madison?

The Supreme Court has the power of Judicial Review, and can rule actions unconstitutional.
1

What are the MAIN POINTS of McCulloch v. Maryland?

1
States cannot tax the National Government
2
National government has supremacy over state gov’t
3
Congress has the ability to do what is necessary and proper (implied power)

HOMEWORK
Study for your other classes and get ready for the FAST III

It says…
What did Justice Marshall say
when stating his legal opinion?
In reference to the fact that
Marbury deserved his
commission, Justice
Marshall stated that, "To
withhold the commission,
therefore, is an act deemed
A by the court not warranted
by law, but violative of a
vested legal right.”
Marbury v. Madison
I say…
What facts from Marbury’s case
support the opinion of Justice
Marshall?
Marbury never received his
papers, because Madison didn’t
deliver them.
It’s the right of the President to
appoint officials. Marbury was
already appointed.
And so…
What conclusion can you draw
from the first two columns
together? In other words, what
does the law say?
If somebody is appointed by a
President, then the position is
his/her’s.

It is illegal to withhold his

position.
“If congress remains at Congress tried to give the The Judicial Branch can
liberty to give this court Supreme Court original declare laws made by
appellate jurisdiction, where jurisdiction, when it should Congress unconstitutional.
the constitution has declared only have appellate.
their jurisdiction shall be This power is called Judicial
original and original Review.
jurisdiction where the
constitution has declared it Judicial Branch has the power
shall be appellate; the to interpret laws (AKA the
distribution of jurisdiction,
B CONSTITUTION!!!!!!!!!!)
made in the constitution, is
form without substance.”

If Congress can alter what

the Constitution says with
such ease, then the
Constitution has no
meaning. Congress can’t
do this.
 It says… I say… And so…
What did Justice Marshall say What facts from Marbury’s case What conclusion can you draw
when stating his legal opinion? support the opinion of Justice from the first two columns
Marshall? together? In other words, what
does the law say?
“Certainly all those who have The judiciary act of 1789 The authority of the three
framed written constitutions conflicted with the branches is determined by
contemplate them as forming constitution because it gave the Constitution!!!!
the fundamental and the Supreme court more
paramount law of the nation, authority than it was given
and consequently the theory under the Constitution. YES!!!! 
of every such government
must be, that an act of the
C WHOOOOOO!!!!!
legislature, repugnant to the
YEAH!
constitution, is void”
GREAT JOB!
AWESOME!
Any action done by the
legislature that is harmful SUPER!
to the Constitution is YOU’RE NEAT!
illegal. WAY TO GO!
BALLER STATUS!
“It is emphatically the
province and duty of the
judicial department to say
what the law is. Those who
apply the rule to particular
cases, must of necessity
expound and interpret that
rule. If two laws conflict with
each other the courts must
decide on the operation of
each.”
D
 McCulloch v. Maryland
It says… I say… And so…
What did Justice Marshall say What facts from Marbury’s case What conclusion can you draw
when stating his legal opinion? support the opinion of Justice from the first two columns
Marshall? together? In other words, what
does the law say?
A “To have prescribed the means
by which government should, in
all future time, execute its
powers, would have been . . . an
unwise attempt to provide . . .
for exigencies which, if
foreseen at all, must have been
seen dimly, and which can be
best provided for as they occur.”

We have to allow our

government to make
adjustments in order to do
what necessary and proper.

B “This great principle is, that the

constitution and the laws made
in pursuance thereof are
supreme; that they control the
constitution and laws of the
respective states, and cannot be
controlled by them.”

The U.S. Constitution is

stronger than State laws.

It says… I say… And so…

What did Justice Marshall say
when stating his legal opinion?
C “the power to tax involves the
power to destroy. . . . If the
What facts from Marbury’s case What conclusion can you draw
support the opinion of Justice from the first two columns
Marshall? together? In other words, what
does the law say?
 states may tax one instrument,
employed by the government in
the execution of its powers, they
may tax any and every other
instrument. They may tax the
mail; they may tax the mint; …
they may tax all the means
employed by the government, to
an excess which would defeat
all the ends of government. This
was not intended by the
American people. They did not
design to make their
government dependent on the
states. . . .”

States should not be able to

tax National Government.
 McCulloch v. Maryland
In 1791, the U.S. government created the first national bank. At this time, a national bank was Charter: a written
controversial. Some people believed that the national government had the power to create a permission from a
national bank. Others believed that the national government did not have this power. When government for a business
1 Thomas Jefferson was president, he did not renew the national bank's charter. Jefferson believed to exist and have powers.
in placing greater limits on the power of the national government. However, when James Madison
became president he asked Congress to create a Second Bank of the United States in 1816.

Many branches of the Bank of the United States were opened throughout the country. Some
states did not like these branches. The national banks competed with state banks and people Corrupt : to act
2 thought that the national banks were corrupt. In addition, states were worried about the dishonestly in return for
increasing power of the national government. money or personal gain.

The State of Maryland tried to close a branch of the Bank of the United States by making that
3 branch pay $15,000 in taxes. James McCulloch, who worked at the Baltimore branch of the Bank
of the United States, did not pay the tax. The State of Maryland took him to court.

The State of Maryland argued that if the national government could regulate state banks, the
state could make rules for the national bank. The State of Maryland also said that there was no
permission in the Constitution for the national government to create a national bank. Article I, Regulate: to control or
4
Section 8, Clause 18 of the Constitution lists the powers of Congress. It says nothing about supervise.
creating a national bank.

On the other hand, McCulloch's attorney argued that the power to create a national bank was a
"necessary and proper" power of Congress. It is true that there is nothing in the Constitution
about a national bank; however, there are many things that the government must do that would Implied: suggested but not
5
be helped by a national bank. Therefore, creating a national bank is an implied power of stated.
Congress.

McCulloch was convicted of violating Maryland's tax law. McCulloch then appealed the lower Convicted: declare
court's decision to the Maryland Court of Appeals. After the Maryland Court of Appeals agreed someone guilty of a crime.
6 with the lower court's decision, McCulloch appealed to the Supreme Court of the United States, Appealed: apply to a
which was led by Chief Justice John Marshall. higher court for a reversal
of decision.
In an opinion written by Chief Justice Marshall, the Supreme Court unanimously ruled in favor of Opinion: a statement
McCulloch and against the state of Maryland.  The Court addressed two questions: 1) whether stating reasons for a
7 Congress had the authority under the Constitution to commission a national bank, and 2) if so, judgment in a case.
whether the state of Maryland had the authority to tax a branch of the national bank operating Unanimously: everyone
within its borders.  agreed
 Marbury v. Madison
Act of 1789 gave the Court the authority it needed to force the Secretary of State to appoint
job
Marbury to his position. Jurisdiction: official power
to make legal decisions.
The Court ruled that Marbury was entitled to his commission, but that according to the
Constitution, the Court did not have the authority to require Madison to deliver the commission to
Marbury in this case.  They found that the Judiciary Act of 1789 conflicted with the Constitution Original jurisdiction:
because it gave the Supreme Court more authority than it was given under the Constitution.  The power to hear a case for
dispute centered around the difference between the Supreme Court’s original jurisdiction and its
the first time.
appellate jurisdiction.  If the Court has original jurisdiction over a case, it means that the case can
5
go directly to the Supreme Court and the justices are the first ones to decide the case.  If the
Appellate jurisdiction:
Court has appellate jurisdiction, however, the case must first be argued and decided by judges in
the lower courts.  Only then can it be appealed to the Supreme Court, where the justices decide power to review a lower
whether the rulings of the lower courts were correct.  Marbury brought his lawsuit under the cases decision.
Court’s original jurisdiction, but the justices ruled that it would be an improper exercise of the
Court’s original jurisdiction to issue the writ of mandamus in this case.