ORGANIZING TOPIC
National Government: The Judicial Branch
Standard(s) of Learning _______________________________________________________________
GOVT.7
The student will demonstrate knowledge of the organization and powers of the national
government by
a) examining the legislative, executive, and judicial branches;
b) analyzing the relationships among the three branches in a system of checks and balances.
GOVT.10 The student will demonstrate knowledge of the operation of the federal judiciary by
a) describing the organization, jurisdiction, and proceedings of federal courts;
b) examining how John Marshall established the Supreme Court as an independent, co-equal
branch of government through his opinion in Marbury v. Madison;
c) describing how the Supreme Court decides cases;
d) comparing the philosophies of judicial activism and judicial restraint;
e) evaluating how the judiciary influences public policy by delineating the power of
government and safeguarding the rights of the individual.
Content
Explain that the organization and powers of the judicial branch of the national
government are derived from the Constitution of the United States and federal
law.
Describe the organization and jurisdiction of the United States court system:
• Supreme Court:
◦ Nine justices, no jury
◦ Hears appeals from lower federal courts and the highest state courts
◦ Has limited original jurisdiction
• United States Court of Appeals:
◦ Judges, no jury
◦ Hears appeals from United States district courts and certain other federal
courts and commissions
• United States District Court:
◦ Judge, with or without jury
◦ Tries cases involving federal crimes and federal civil proceedings
◦ Does not hear appeals
Identify the checks of the judicial branch over the legislative branch:
• To declare laws to be unconstitutional
Identify the check of the judicial branch over the executive branch:
• To declare executive actions to be unconstitutional
Explain that the United States has a court system whose jurisdiction is derived
from the Constitution of the United States and federal laws.
Explain that Article III of the Constitution of the United States and federal laws
establish the jurisdictions of the federal courts.
Describe the types of jurisdiction:
• Exclusive jurisdiction: Certain cases, such as bankruptcy cases and cases
involving federal crimes, may be tried only in federal courts.
• Concurrent jurisdiction: Congress allows some cases, such as those between
citizens of different states, to be tried in either federal or state courts.
•
•
Original jurisdiction is the authority of a court to hear cases first.
Appellate jurisdiction is the authority of a court to review case decisions of a
lower trial court.
Identify the jurisdiction of regular federal courts:
• U.S. Supreme Court: Appellate and limited original
• U.S. Court of Appeals: Appellate
• U.S. District Courts: Original
Explain that the Supreme Court of the United States is the court of last resort: it
hears appeals from federal, state, and special courts.
Explain how the United States Supreme Court gained recognition as an
equal branch of government as a result of John Marshall’s judicial strategy:
• Prior to the appointment of Chief Justice John Marshall, the Supreme Court
had little power.
• In the case Marbury v. Madison (1803), Chief Justice John Marshall and the
Supreme Court for the first time declared an act of Congress
unconstitutional, thus establishing the power of judicial review.
Describe how the Supreme Court hears cases and makes decisions based on the
opinions of the majority of the justices.
Explain the steps in deciding Supreme Court cases:
• Briefs: Both sides of the case and any interested parties submit written
information summarizing their points of view.
• Oral arguments: Lawyers for each side present oral arguments. They are
often questioned by the justices regarding their arguments.
• Conference: Following oral arguments, justices meet to discuss the merits of
the case. The decision of the court is determined by a majority vote.
• Opinions: Justices are assigned to write the majority and minority opinions of
the court. When all opinions have been written and the justices have
determined which opinion they will support, the decision is announced to the
public. A justice who disagrees with that opinion may write a dissenting
opinion.
Describe how supporters of the philosophies of judicial activism and judicial
restraint disagree regarding the role of the federal judiciary.
Explain how the philosophies of judicial activism and judicial restraint
relate to the federal judiciary’s exercise and its authority:
• Judicial activists believe federal courts should use the power of judicial
review to resolve important societal issues. Since justices are not elected,
they can make controversial decisions without fear of losing office.
• Those in favor of judicial restraint argue that the Supreme Court should
avoid ruling on constitutional issues whenever possible. When action is
necessary, the Court should decide cases in as narrow a manner as possible.
Describe how the U.S. Supreme Court’s exercise of the power of judicial review
can invalidate legislative acts and executive actions that exceed the scope of
powers granted by the Constitution of the United States.
Explain that federal courts, by interpreting and applying federal law to specific
situations, provide meaning to legislative acts and executive actions.
Explain how the U.S. Supreme Court defines the limits of government power and
protects individual rights from governmental abuse.
Sample Resources ____________________________________________________________________
Below is an annotated list of Internet resources for this organizing topic. Copyright restrictions may exist
for the material on some Web sites. Please note and abide by any such restrictions.
“Full Text of Supreme Court Decisions Issued between 1937 and 1975.” U.S. Department of Commerce.
http://www.fedworld.gov./supcourt/index.htm. This site allows users to search for cases by name.
“The Great Chief Justice at Home.” The National Park Service.
http://www.cr.nps.gov/nr/twhp/wwwlps/lessons/49marshall/49marshall.htm. This site provides
biographical information on John Marshall, emphasizing his accomplishments within the historical
context of his time on the bench.
“How Does Our System of Checks and Balances Protect Our Rights?” The Social Studies Help Center.
http://www.socialstudieshelp.com/Lesson_13_Notes.htm. This site provides information on the
checks and balances within the United States government system.
Supreme Court of the United States. http://www.supremecourt.gov/. This site provides information on the
United States Supreme Court—its structure, procedures, and cases.
“United States District Courts.” U.S. Courts.
http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/DistrictCourts.aspx. This
site provides information on the jurisdiction of U.S. District Courts.
“U.S. Courts, The Federal Judiciary.” http://www.uscourts.gov/links.html. This site provides links to all
U.S. federal courts.
“U.S. Judiciary.” Law Library of Congress. http://lcweb.loc.gov/law/guide/usjudic.html. This site
provides information on the United States court system.
Exclusive jurisdiction vs. concurrent jurisdiction
Explain that certain cases, such as bankruptcy cases and cases involving federal crimes, may be tried
only in federal courts. We say that the federal courts have exclusive jurisdiction over these kinds of
cases. On the other hand, Congress allows some cases, such as cases between citizens of different
states, to be tried in either federal or state courts. We call this sharing of authority over these kinds of
cases concurrent jurisdiction.
Original jurisdiction vs. appellate jurisdiction
Original jurisdiction is the authority of a court to hear cases first, while appellate jurisdiction is the
authority of a court to review and uphold or reverse case decisions of a lower trial court.
• Supreme Court of the United States. http://www.supremecourt.gov/. This site provides
information on the United States Supreme Court—its structure, procedures, and cases.
• “United States District Courts.” U.S. Courts.
http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/DistrictCourts.aspx. This
site provides information on the jurisdiction of U.S. District Courts.
• “U.S. Judiciary.” Law Library of Congress.
http://www.loc.gov/law/help/guide/federal/usjudic.php. This site provides information on the
United States court system.
1. Instruct students to read the section in the textbook or another instructional resource about the
United States Supreme Court. As they read, have students record answers to the following
questions:
• Who is in charge and renders decisions in cases heard before the United Supreme Court?
(justices)
• How many justices serve on the Supreme Court? (nine)
• How many justices hear the cases before the Supreme Court? (all nine)
• How many jurors serve in a case being heard before the Supreme Court? (none: there is no jury)
• How are Supreme Court justices appointed? (nominated by the president and confirmed by the
Senate)
• What are the qualifications for becoming a Supreme Court justice?
• What types of cases does the Supreme Court hear? (appeals from lower federal courts and the
highest state courts)
• What is the difference between original and appellate jurisdiction?
• Does the Supreme Court have any original jurisdiction? (yes, but only limited)
• In what type of cases does the Supreme Court have original jurisdiction?
2. Instruct students to read the section in the textbook or another instructional resource about the
United States Court of Appeals. As they read, have students record answers to the following
questions:
• Who is in charge and renders decisions in cases heard before the United States Court of Appeals?
(judges)
• How many judges hear cases before the U.S. Court of Appeals? (usually three)
• How many jurors serve in a case being heard before the U.S. Court of Appeals? (none: there is no
jury)
• What types of cases does the United States Court of Appeals hear? (appeals from U.S. district
courts and certain other federal courts and commissions)
3. Have students read the section in the textbook or another instructional resource about United
States District Courts. As they read, have students record answers to the following questions:
• Who is in charge of the cases heard before a United States District Court? (a judge)
• How many judges hear cases before a U.S. District Court? (one)
• How many jurors serve in a case being heard before a U.S. District Court? (six to twelve,
depending on the type of case, or none: some cases have no jury)
• What types of cases does a U.S. District Court hear? (cases involving federal crimes and federal
civil proceedings; does not hear appeals)
Marbury v. Madison and Judicial Review
1. Which court is the court of last resort. Explain that the power of the Supreme Court has expanded
over time, moving from having very little power to having a great deal of power, and discuss why this
might have happened.
2. Direct students to read the section in the textbook or another instructional resource about the Marbury
v. Madison (1803) Supreme Court case. After they have finished reading, have students summarize
the three parts of the opinion of the court in the case. Ask students to explain the significance of this
case. Make sure students understand that as a result of this case, the Supreme Court gained
recognition as an equal branch of government. Prior to the appointment of Chief Justice John
Marshall, the Supreme Court had little power, but in 1803 in the Marbury v. Madison case, Chief
Justice Marshall and the Supreme Court for the first time declared an act of Congress
unconstitutional, thus establishing the power of judicial review.
3. Have students write a summary of ways in which Marbury v. Madison changed the role of the
Supreme Court. Ensure that students identify and define the concept of judicial review. Ask students
why judicial review is so important.
Attachment A: Jurisdiction and Powers of the Federal Courts _______________________________
Federal courts have jurisdiction in cases involving the following:
•
•
•
•
•
•
•
•
•
•
Federal law
Treaties with foreign nations
Bankruptcy
Admiralty and maritime law
Foreign diplomats or foreign governments
Two or more state governments
The United States government
Citizens of different states
A state and a citizen of a different state
Land grant claims of different states
The Supreme Court has power to do the following:
•
•
•
•
•
Interpret the Constitution
Determine the constitutionality of laws passed by Congress
Uphold regulatory laws
Protect civil liberties
Influence public policy
Attachment B: Structure of the Judicial Branch
Source: United States Courts: Federal Courts’ Structure.
http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/FederalCourtsStructure.aspx
Attachment C: How the Supreme Court Works ___________________________________________
Submitting a Brief
Hearing Oral Arguments
Holding the Conference
Writing and Handing Down
an Opinion
Attachment D: Sample Assessment Items ________________________________________________
Asterisk (*) indicates correct answer.
Discussion Questions
1. Prepare a chart that compares the Supreme
Court, the United States Court of Appeals,
and the United States District Court.
Include in the chart whether juries are used
in the different courts and how cases arrive
at the courts.
2. What checks does the judicial branch have
on the executive branch? Explain your
answer.
3. What checks does the judicial branch have
on the legislative branch? Explain your
answer.
4. What checks does the legislative branch
have on the judicial branch? Explain your
answer.
5. What checks does the executive branch have
on the judicial branch? Explain your
answer.
8. The United States Supreme Court provides a
check on the legislative branch of the United
States government by
A. reviewing foreign policy established by the
president.
B. determining whether sufficient evidence exists
to prosecute governors.
C. recommending new legislation to members of
Congress.
D. determining the constitutionality of laws passed
by Congress.*
9. The United States Supreme Court
established itself as an equal branch of
government under which chief justice?
A.
B.
C.
D.
Warren Burger
John Marshall*
John Jay
Roger Taney
“When two [people] come into [the Supreme] Court,
one may say: ‘An act of Congress means this.’ The
other may say it means the opposite. We [the Court]
then say it means one of the two or something else in
between.”
– Earl Warren, chief justice of the Supreme Court
Multiple-Choice Questions
6. How many justices make up the United
States Supreme Court?
A.
B.
C.
D.
7
9*
13
20
7. The Unites States Supreme Court and the
United States Court of Appeals have which
of the following characteristic in common?
A. Both courts have no jury.*
B. Both courts have a limit on the length of a
judge’s term.
C. Both courts hear cases only against individuals.
D. Both courts hear only capital cases.
10. The function of the Supreme Court that
Chief Justice Warren described in the quote
above is called
A.
B.
C.
D.
judicial restraint.
advise and consent.
judicial review.*
judicial activism.