Article III – Article III – US US ConstitutionConstitution

The Supreme CourtThe Supreme Court

The “Supremes”The “Supremes”

Great group – Great group – but NO – we but NO – we aren’t talking aren’t talking about them.about them.

These “Supremes”These “Supremes”

These are the These are the “Supremes”“Supremes”

The Supreme CourtThe Supreme Court

Supreme Court Supreme Court is highest is highest court.court.

Nine Supreme Nine Supreme Court Justices.Court Justices.

How do you get to the How do you get to the Supreme Court?Supreme Court?

Legal background a Legal background a must!must!

Go to one of the Go to one of the major law schools.major law schools.

Clerk for the Clerk for the Supreme CourtSupreme Court

Be a judge, law Be a judge, law professor, or a professor, or a lawyer who has lawyer who has argued before the argued before the Supreme Court Supreme Court before.before.

Sometimes Sometimes Supreme Court Supreme Court nominees are nominees are political political appointments.appointments. Sometimes they Sometimes they don’t get past don’t get past the background the background checks or Senate checks or Senate questioning!questioning!

Or political Or political favorites aren’t favorites aren’t enough!enough!

Chief JusticeChief Justice

In charge of the In charge of the Supreme Court.Supreme Court.

USUALLY – USUALLY – seniority seniority counts!counts!

Decisions coming Decisions coming from the court from the court take the Chief take the Chief Justice’s name.Justice’s name. Roberts CourtRoberts Court

Supreme Court nomineesSupreme Court nominees

Chosen by the Chosen by the President.President.

Approved by the Approved by the Senate.Senate.

Serve for life Serve for life – or until they – or until they decide to quit.decide to quit. Impeachment Impeachment option.option.

The Supreme Court - The Supreme Court - PurposePurpose

To Interpret To Interpret the the Constitution.Constitution.

The Second AmendmentThe Second Amendment

A well A well regulated regulated Militia, being Militia, being necessary to necessary to the security of the security of a free State, a free State, the right of the right of the people to the people to keep and bear keep and bear Arms, shall not Arms, shall not be infringed. be infringed.

  

““right of the people right of the people to keep and bear arms”to keep and bear arms” But what was But what was meant by adding meant by adding “well-regulated “well-regulated militia” and militia” and “necessary to the “necessary to the security of a security of a free state”?free state”? Does it mean that Does it mean that you can only carry you can only carry arms if you are in arms if you are in the militia?the militia?

Can guns only be Can guns only be used for national used for national defense, or does defense, or does that mean self-that mean self-defense?defense?

““right of the people right of the people to keep and bear arms”to keep and bear arms” Is the militia Is the militia in 2008 mean in 2008 mean the same thing the same thing as it did in as it did in 1787?1787?

CENTRAL CENTRAL ARGUMENT!ARGUMENT! Whether people Whether people have a right to have a right to bear arms as bear arms as INDIVIDUALS, INDIVIDUALS, rather than rather than just as part of just as part of an official an official militia.militia.

Collective Rights v. Collective Rights v. Individual Rights: One Individual Rights: One Point of View (POV)Point of View (POV) Some think the 2Some think the 2ndnd Amendment was Amendment was designed ONLY to designed ONLY to protect the protect the rights of the rights of the states to have states to have militias.militias. NOT the right of NOT the right of individuals to individuals to bear arms for bear arms for their own self-their own self-defense.defense.

““well-regulated well-regulated militia” and militia” and “security of a “security of a free state” prove free state” prove their point.their point.

Restrictions on Restrictions on hunting and self-hunting and self-defense.defense.

THAT is what THAT is what the Supreme the Supreme Court does!Court does!

How does the Supreme How does the Supreme Court interpret the Court interpret the Constitution?Constitution?

Judicial Review Judicial Review is the Supreme is the Supreme Court’s power Court’s power to interpret to interpret laws or actions laws or actions as as unconstitutionaunconstitutionall

Marbury v. MadisonMarbury v. Madison

The case that The case that determined the determined the powers of the powers of the Supreme Court.Supreme Court.

History Lesson: 1800History Lesson: 1800 Presidential election Presidential election of 1800:of 1800:

President John AdamsPresident John Adams – Federalist and – Federalist and favored keeping out favored keeping out of the French of the French Revolution.Revolution.

Vice-President Thomas Vice-President Thomas JeffersonJefferson – anti- – anti-Federalist (more Federalist (more power to the states) power to the states) and wanted to bring and wanted to bring the French Revolution the French Revolution to the US.to the US.

Election of 1800Election of 1800 These two men – These two men – once best friends once best friends – HATED each – HATED each other.other.

Adams felt he had Adams felt he had to defend the to defend the Constitution.Constitution.

Jefferson felt he Jefferson felt he had to defend had to defend freedom and freedom and correct errors in correct errors in the Constitution.the Constitution.

Election of 1800Election of 1800

Jefferson won!Jefferson won!

Real fears that Real fears that the guillotine the guillotine would appear in would appear in America and America and we’d have a we’d have a bloodbath bloodbath happening. happening.

Adams sought to Adams sought to protect the protect the Constitution in his Constitution in his final days.final days.

1) He sought to 1) He sought to create more create more judgeships – of judgeships – of men that men that believed in the believed in the Constitution.Constitution. Political Political appointments appointments but for life!but for life!

John Adams left a John Adams left a “trap” for Jefferson“trap” for Jefferson

Not everyone had Not everyone had received his received his paperwork from the paperwork from the president to be a president to be a judge when Adams’ judge when Adams’ presidency ended.presidency ended.

2) Unfinished 2) Unfinished paperwork was left paperwork was left on the desk for on the desk for Jefferson.Jefferson. The desk of the first The desk of the first four presidents.four presidents.

Jefferson finds these Jefferson finds these undelivered judgeships on undelivered judgeships on his desk!his desk!

He knows these He knows these are for judges are for judges that would rule that would rule against his against his ideas for the ideas for the country. country.

What should What should Jefferson do?Jefferson do?

What did Jefferson do?What did Jefferson do?

Gave them to his Gave them to his Secretary of Secretary of State – James State – James Madison (later 4Madison (later 4thth president) to president) to “pocket.”“pocket.”

Not delivered – Not delivered – so these so these Federalist judges Federalist judges couldn’t be couldn’t be judges!judges!

William MarburyWilliam Marbury

Knew that Knew that President Adams President Adams had made him a had made him a judge – but he judge – but he needed his needed his paperwork to paperwork to begin his new begin his new job. job.

William MarburyWilliam Marbury

Came to the Came to the White House and White House and demanded his demanded his papers to papers to become a judge.become a judge.

James Madison James Madison refused to hand refused to hand them over.them over.

Marbury v. MadisonMarbury v. Madison

Marbury turned Marbury turned to the Supreme to the Supreme Court to “make” Court to “make” President President Jefferson and Jefferson and Mr. Madison Mr. Madison turn over the turn over the writ to become writ to become a judge.a judge.

Supreme Court Chief Supreme Court Chief Justice MarshallJustice Marshall

John Marshall had John Marshall had been waiting for a been waiting for a case to define the case to define the Supreme Court’s role Supreme Court’s role in our new in our new democracy.democracy. Could the Court tell a Could the Court tell a President what to do?President what to do?

As well as a cousin?As well as a cousin?– Jefferson and Jefferson and Marshall were Marshall were cousins.cousins.

HATED one HATED one another!another!

Marbury v. MadisonMarbury v. Madison Supreme Court told Supreme Court told Mr. Marbury – Mr. Marbury – sorry, but we can’t sorry, but we can’t make you a judge.make you a judge.

BUT, it did say BUT, it did say that the Supreme that the Supreme Court has the right Court has the right to tell a President to tell a President and Congress what and Congress what they can and can’t they can and can’t do!do! Implied PowersImplied Powers

Marbury v. Madison: Marbury v. Madison: Judicial Rule and part of Judicial Rule and part of checks and balanceschecks and balances

Historical Note on Historical Note on Adams and JeffersonAdams and Jefferson

The sworn enemies The sworn enemies did “make up.”did “make up.”

Jefferson wrote a Jefferson wrote a letter to Adams when letter to Adams when Abigail Adams died.Abigail Adams died.

Later, Jefferson Later, Jefferson admitted in a letter admitted in a letter to Adams – that to Adams – that Adams had been right Adams had been right about federalism.about federalism.

Both died on July 4, Both died on July 4, 1826.1826.