Judicial Branch of the Government

Similar documents
Sample file. ii TLC10243 Copyright Teaching & Learning Company, Carthage, IL This book belongs to

Article III Section 1

AP AMERICAN GOVERNMENT. Chapter 14: The Judiciary

Political Science 417. Judicial Structure. Article III. Judicial Structure January 22, Structural "Imperatives" ("subcultures") Legal Imperative

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States.

Guiding Principles of the Constitution (HAA)

The Alamo Written by Julia Hargrove

PROFESSIONAL TEACHING STANDARDS BOARD. United States Constitution Study Guide

Chapter 3 The Constitution. Section 1 Structure and Principles

ANALYTICAL INDEX TO THE CONSTITUTION OF THE UNITED STATES AND THE AMENDMENTS THERETO

Primary Source: Articles 1, 2 and 3 of the Constitution of the United States of America

RIGHTS OF THE ACCUSED. It is better to allow 10 guilty men to go free than to punish a single innocent man.

HUMAN RIGHTS AND THE AMERICAN CONSTITUTION

Guided Notes: Articles of the Constitution. Name: Date: Per: Score: /5

Guided Reading & Analysis: Jefferson Era, Chapter 7- The Age of Jefferson, pp

Emancipation Proclamation

Constitution Day September 17

GASTON COUNTY-DISTRICT 27A SUPERIOR COURT 325 NORTH MARIETTA STREET GASTONIA, NC Petitioner/Executor Ticket # C HEARING OFFICER:

Constitution of the United States and the First Twelve Amendments

CHAPTER 18:1: Jurisdiction and the Courts

Constitution Detectives

Judicial Branch. SS.7.c.3.11 Diagram the levels, functions, and powers of courts at the state and federal levels.

[ 3.1 ] An Overview of the Constitution

Table Annexed to Article: Counting Adjectives Deployed in the Early Constitution ( )

Creation. Article III. Dual Courts. Supreme Court Congress may create inferior courts. Federal State

Directions: Read each of the questions or statements below, then choose the correct answer from those provided.

UNITED STATES CONSTITUTION

Jurisdiction. Appointed by the President with the Advice and Consent of the Senate according to Article II, Section 2

The Articles of Confederation, as amended May 20 th, 2013

The Constitution of the United States

KNOW YOUR CONSTITUTION EXAM. 1. The legislative powers of the Federal Government are vested in the:

US Constitution Handbook

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA

Executive Order Providing Assistance for Removal of Unlawful Obstructions of Justice in the State of Alabama September 10, 1963

Article I: The Legislature (Congress)

The United States Constitution in Modern English

The Evolution of the Presidency

UNITED STATES CONSTITUTION TEST REVIEW

PREAMBLE ARTICLE I. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

We the People of the United States...

A Divided Nation. Chapter 15 Page 472

The United States Constitution

SSUSH8 Explore the relationship

Thursday, May 28, Quick Recap s Right Now --> What are THREE events that show the growing divide in the USA since the 1850s?

Topic 7 The Judicial Branch. Section One The National Judiciary

7a. The Evolution of the Presidency

Unit #11: The National Government

We the People.. The Failings of the Articles of Confederation and the Solutions of the Constitutional Convention Unit Two- BD

Branch, Section 1) What is the job of the Legislative Branch? Where are the powers of Congress outlined in the Constitution?

The Courts. Chapter 15

Class Period: Due Date: / / Reading Assignment: Ch. 7 AMSCO or other resource for content acquisition

The Origins of political thought and the Constitution

5. SUPREME COURT HAS BOTH ORIGINAL AND APPELLATE JURISDICTION

CONSTITUTIONAL LAW. Professor Ronald Turner A.A. White Professor of Law Fall 2018

AP US Government and Politics US Constitution Study

North/South Split Made Complete

NOTICE: RULES AND REGULATIONS IMPLEMENTING THE FOURTEENTH AMENDMENT. Introduction

The Constitution of the United States

PROFESSIONAL TEACHING STANDARDS BOARD. Wyoming State Constitution Study Guide

What exactly does it say? What is the law designed to do? What is the purpose (or intent) of the law?

We the People Lesson 15. How did the Framers resolve the conflict about powers of the legislative branch?

Quick Write. Learn About. The Constitution of the United States. A Remarkable Document

THE UNITED STATES CONSTITUTION

Slavery and Secession. Chapter 10.4

That s An Order. Lesson Overview. Procedures

THE CONSTITUTION OF THE UNITED STATES

Note: original Items that are hyperlinked [underlined] have since been amended or superseded Section. 1. Section. 3. Section. 4. Section. 2.

Handout A: The U.S. Constitution of 1787

OUR LIVING CONSTITUTION ITS PURPOSE, STRUCTURE AND RELEVANCE

Does it say anything in Article III about the Supreme Court having the power to declare laws unconstitutional?

D1 Constitution. Revised. The Constitution (1787) Timeline 2/28/ Declaration of Independence Articles of Confederation (in force 1781)

The Constitution of the United States September 17, 1787

The Constitution of the United States Preamble Section. 1. Section. 2. Section. 3. Section. 4.

THE UNITED STATES SUPREME COURT and THE JUDICIARY BRANCH

CHARGE TO GRAND JURY TREASON. [4 Blatchf. 518; 1 23 Law Rep. 597.] Circuit Court, S. D. New York. Jan. 14, 1861.

Stuxnet, 2010 Target: Iranian Reactor, Natanz

The Constitution of the United States

The Constitution of the United States

The Constitution of the United States

POCKET CONSTITUTION BY: Father of the Constitution: Parts of the Constitution: #23 Gives. #24 Eliminates the. #25 Establishes the.

Three Branches of the American Government Packet

Constitution of the United States

AMERICAN SUPREME COURT AND JUDICIAL REVIEW

We the People of the United States, in Order to form a more perfect Union, provide for the common defense, promote the general Welfare,

KNOW YOUR CONSTITUTION EXAM. 2. Which of the following activities does the Constitution prohibit a state from doing?

Constitution. Article I. Preamble. Legislative Branch House of Representatives. Senate

Slavery and Secession. The Americans, Chapter 10.4, Pages

The Constitution. Name: The Law of the Land. What Does Our Constitution Look Like? The Constitution s Table of Contents

INTRODUCTION TO THE U.S. LEGAL SYSTEM UNIVERSIDAD DE ALICANTE MAY 2018 TONI JAEGER-FINE FORDHAM LAW SCHOOL, NEW YORK CITY COURSE OVERVIEW AND OUTLINE

Part II: STRUCTURE & FUNCTION of FEDERALISM

THE CONSTITUTION OF THE UNITED STATES OF AMERICA, The United States Constitution

No. 27 of Colonial Courts of Admiralty Act 1890 (Adopted). Certified on: / /20.

Constitution of the United States

Via

D-Link A spinning globe appears and stays on the screen followed by the text Can You Imagine on top of it. An image of a woman with a tape over her

Guided Reading & Analysis: Jefferson Era, Chapter 7- The Age of Jefferson, pp

American Government Chapter 18 Notes The Federal Court System

The United States' Constitution by Founding Fathers

Primary Goal of the Legal System

JOHN ADAMS. By Elizabeth Barker Period 4

Transcription:

Judicial Branch of the Government Written by Julia Hargrove Illustrated by Bron Smith Teaching & Learning Company 1204 Buchanan St., P.O. Box 10 Carthage, IL 62321-0010

Table of Contents Article III Judicial Department......................... 5 Judicial Department Questions......................... 7 Separation of Powers and Checks and Balances............ 8 Judicial Review..................................... 10 Judicial Review Questions............................. 11 The Supreme Court................................. 12 Supreme Court Questions............................ 13 Supreme Court Cases: Original Jurisdiction.............. 14 Supreme Court Cases: Original Jurisdiction Questions..... 15 The Federal Court System: Filling in a Schematic Drawing. 16 Twelve Federal Circuit Courts: Map Exercise............. 18 The Judicial Branch and the Bill of Rights................ 20 The Judicial Branch and the Bill of Rights Questions....... 21 Rights of Students.................................. 22 Researching Supreme Court Cases..................... 24 Internet Research Ideas.............................. 26 Multiple Intelligence Activities......................... 28 Glossary.......................................... 31 Answer Key........................................ 32 TLC10244 Copyright Teaching & Learning Company, Carthage, IL 62321-0010 iii

Dear Teacher or Parent, This book is one in a series by the Teaching & Learning Company on the three branches of the United States government. Together the three will show the powers of each branch, how they interact with one another in a system requiring separation of powers and how each branch is designed to prevent the other two branches from assuming too much power. It is important that young people understand their national government because that government is working for them and for all citizens. However, it cannot do the best job possible without the participation of its citizens. Certainly we look to the government to solve many of our problems: to provide emergency relief after natural disasters, to defend us from foreign enemies, to make sure the food we eat is wholesome and the medicine we take is effective, to take care of us in our old age and to help provide money for schools for our young people. In return, we have our responsibilities, too. We must pay our taxes; vote in elections; be well informed about candidates and national issues when we vote; let our representatives, senators and the President know our opinions about pending legislation and act as watchdogs when the government is not working for our best interests. One of the ways we can help young people to grow into responsible citizens is to help them understand how their government works. This book about the Judicial Branch explains its powers, historical background and the concept of judicial review. Student activities involve them with the Bill of Rights, issues of students rights, researching Supreme Court cases and understanding checks and balances. I hope you find the book useful and a worthy challenge of your students abilities. Sincerely, Julia Hargrove iv TLC10244 Copyright Teaching & Learning Company, Carthage, IL 62321-0010

Article III Judicial Department Section I. The Federal Courts 1) 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 behavior, and shall at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. Section II. The Jurisdiction of Federal Courts 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. 2) In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be party, the Supreme Court shall have original jurisdiction. In all 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. Section I. The Federal Courts 1) The trial branch of the government will include the Supreme Court and any lower courts that Congress creates. All federal judges can remain in office while they are well behaved. All federal judges will be paid for their services at specific times. The salary of a judge cannot be decreased as long as he or she remains in office. Section II. The Jurisdiction of Federal Courts 1) The judicial branch has the power to try cases which are based on the Constitution, the laws of the U.S., and all treaties made or about to be made. It can also try cases about ambassadors and other foreign diplomats and cases concerning the navy or laws of the sea. It can try cases involving the U.S., involving two or more states, involving a state and citizens of another state, involving citizens of different states, involving citizens of the same state claiming land under grants from different states and involving a state or the citizens of a state and a foreign country or citizens of a foreign country. 2) The Supreme Court is the first court to try cases about ambassadors and other foreign diplomats and any case involving a state. The Supreme Court can only hear other cases when they are appealed from another court. Congress shall decide what other types of cases can go directly to the Supreme Court. TLC10244 Copyright Teaching & Learning Company, Carthage, IL 62321-0010 5

Article III Judicial Department 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 III. Treason 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 attained. 3) All crimes except impeachment will be tried by a jury. Crimes will be tried in the state in which they were committed. Congress will decide where crimes are to be tried if they were not committed in a state. (For instance, they might have been committed in a territory or possession of the United States.) Section III. Treason 1) Treason is defined as fighting a war against the U.S. or helping the enemies of the U.S. A person can be convicted of treason only if he or she confesses in open court or if there are two witnesses to the same treasonous act. 2) Congress can decide what the punishment is for treason. However, any punishment cannot continue against the traitor s children and grandchildren. It also cannot take away property from anyone except the traitor (not his descendants). 6 TLC10244 Copyright Teaching & Learning Company, Carthage, IL 62321-0010

Name Judicial Department Questions Answer the following questions based on Article III of the Constitution. 1. In 1951, Julius and Ethel Rosenberg were convicted of treason for giving the Soviet Union information about the atomic bomb. Which part of the definition of treason applies to the Rosenbergs? 2. In Aaron Burr s treason trial in the early 1800s, Burr did not confess to his alleged crime, but one witness testified against him. Why wasn t Burr convicted of treason? 3. John Brown (of Harper s Ferry fame) killed several proslavery men in the Kansas Territory in the 1850s. If he had been tried for these murders, what authority would have decided where the trial was held? Give a quote to support your answer. 4. A group of U.S. citizens is committing acts of piracy off the coast of California by attacking commercial ships bound for Japan and China. Explain why this case would go immediately to the Supreme Court once the pirates were caught instead of to a California court. 5. Before Congress passed the Compromise of 1850, Texas and the New Mexico Territory were arguing about the ownership of land along their common border. Would the Supreme Court have had original jurisdiction in this case if the compromise had not resolved this problem? Explain why you think your answer is correct. 6. During the Civil War, Britain built some ships for the Confederacy. Those ships destroyed many northern commercial ships causing U.S. citizens and businesses to lose money. What part of Article III shows that the Supreme Court could have tried this case to determine whether Britain should repay the U.S. citizens and businesses? TLC10244 Copyright Teaching & Learning Company, Carthage, IL 62321-0010 7