The Courts and Judicial Branch
Question?
What is the Supreme Court?
Article III of the Constitution
Specifically creates only the Supreme Court
Gives Congress the power to create lower federal courts or “inferior courts”
Provides guidelines of the terms of office and compensation of federal judges.
Justices serve for the rest of their life or as long as they practice “good behavior.”
Different courts
Supreme Court Lower federal courts
State courts
State and Federal courts create a dual court system.
Define: Jurisdiction
The right to interpret and apply the law; a courts range of authority.
According to Article III, Section 2
Federal courts jurisdiction allows them to try cases involving: Ambassadors or other representative of foreign
governments
Maritime law (the law of the sea)
Bankruptcy cases
Two or more state governments
Citizens of different states
A state and a citizen of a different or foreign country
Citizens of the same state claiming lands under grants of different states
U.S. laws and treaties, or the interpretation of the Constitution
Define: Exclusive Jurisdiction
The authority of the federal courts alone to hear and rule in certain cases
Define: Concurrent Jurisdiction
The authority to hear cases shared by federal and state courts
Which Court?
Federal criminal law is broken but not a state one? Federal court
A dispute between two state governments? The Supreme Court
Cases involving the interpretation of an act of Congress? Federal court
Disputes involving citizens of different states? Either state or federal court
Crime that breaks both state and federal law? Either state or federal court
Define: Dual Sovereignty
5th Amendment of the Constitution Prohibits double jeopardy
Same action violates both state and federal law
Define: Original Jurisdiction
The court’s authority to hear and decide a case for the first time.
Define: Appellate Jurisdiction
The court’s authority to hear cases on appeal.
Types of Law
Both federal and state courts deal with civil law, criminal law, and constitutional law.
Define: Civil Law The type of law dealing with the rights and relationships of
private citizens.
Define: Criminal Law The type of law dealing with crimes and providing for their
punishment.
Define: Constitutional Law The type of law relating to the interpretation of the
Constitution.
Define: Judicial review
The power of the courts to establish the constitutionality of national, state, or local acts of government.
Define: Strict Constructionist
The view that judges ought to base their decisions on a narrow interpretation of the language of the Constitution
Define: Loose Constructionist
The view that judges have considerable freedom in interpreting the constitution
How did we get it?
John Marshall served from 1801 to 1835
The debate! Thomas Jefferson – Strict
Alexander Hamilton – Loose
Marbury v. Madison (1803)
Marshall sided with the Loose Constitutional law
Marshall: “An act of the legislature repugnant to the Constitution is void” and “it is emphatically the province of the judicial department to say what the law is”
Constitutional Courts
The District Court
The Courts of Appeal
The Courts of International Trade
The District Courts
94 district courts
Each district court has 2 to 28 judges
All courts of original jurisdiction
No Appeals
Except: they may take appeals from state courts if constitutional questions are involved
Hear both criminal and civil cases
Courts of Appeals
13 Courts of appeal 12 judicial circuits
Never original jurisdiction
3 judges on most case
More on big cases
Majority vote
1 Court of appeals for the Federal Circuit Hears cases from the legislative courts
And some cases from district courts
Cases can then be taken to the Supreme Court
The Court of international trade
Civil cases regarding tariffs and trade
Based in New York City
Cases are also heard in other major port cities
The Federal Court SystemSupreme Court
12 Courts of Appeals
Tax Court
Federal Regulatory Agencies
94 District Courts
Court of Appeals for the Federal
Circuit
Court of International
Trade
Claims Court
Court of Veterans Appeals
Court of Military Appeals
Court of Military Review
Legislative Courts
Have a narrow scope
Fewer cases
Article I, Section 8
1. The Court of Military Appeal
2. The United States Claim Court
3. The Courts of the District of Columbia
4. The Territorial Courts
5. The Courts of Veterans Appeals
6. The United States Tax Court
Federal Judges: Selection Criteria
The President nominates each federal judge and the senate approves them
1251 federal judges
Experience and Background
Party Affiliation
Political Ideology
Race and Gender
Senatorial Courtesy
Selection Process
The Presidents choice Congress
Agencies within the Executive Departments
Sitting judges and justices
Prospective nominees
The American Bar Association
Senate Confirmation
Selection Gridlock
The Supreme Court
The Supreme Court
9 Supreme Court Justices
Judiciary Act of 1789 Originally there were 6
Duties Deciding which cases to hear
Deciding the case itself
Dealing with request for special legal actions
Other additional duties (such as serving on special commissions)
Chief Justice
Highest-ranking justice in the “land”
Presides over sessions and conferences
If he/she agrees with the majority decision, he/she usually writes the majority opinion
Supervises the general admission of the federal court system
Supreme Court Justices, 2010Justices Appointing President Year
AppointedAge When Appointed
Chief JusticeJohn G. Roberts
President George W. Bush 2005 50
Elena Kagan President Obama 2010 50
Samuel A. Alito, Jr. President George W. Bush 2006 55
Antonin Scalia President Reagan 1986 50
Anthony Kennedy President Reagan 1988 52
Clarence Thomas President George H. W. Bush
1991 43
Ruth Bader Ginsburg
President Clinton 1993 60
Stephen Breyer President Clinton 1994 56
Sonia Sotomayor President Obama 2009 55
The Supreme Court at Work
Choosing The Case Hearing the CaseDeciding the CaseImplementing Decisions
Choosing the Case
7,738 Case Submitted in the 2008-2009 term
First Monday in October
The justices sort through the petitions
The Supreme Court does not have to hear any appeals that they do not want to consider.
About 90% come from the writ of certiorari Case that the lower courts “mishandled”
They never explain why the pic the case they do
Three Important Factors
1. Whether the legal question has bee decided differently by two lower-courts.
2. If a lower-court decision conflicts with an existing Supreme Court ruling.
3. If the issue could have significance beyond the two parties in the case.
Choosing the Case (continued)
After reading through all of the cases they vote one by one out loud
Starting with the chief justice and moving down in seniority
If a minimum of 4 justices vote to accept it then they will hear that case
The most junior justice takes notes on the decisions.
Hearing the Cases
Public hearings
Monday, Tuesday, and Wednesday
Listen to lawyers present each side of 2 to 3 cases a day
Some cases are decided without an oral argument
Start in October and end in June
Cases do not carry over to the next session
Before case is heard in the open court: Justices receive briefs from lawyers on both sides who
present legal augments, historical material and related previous court decisions
Justices often receive amicus curiae briefs from individuals, interest groups, or government agencies
Deciding the Cases
Justices meet privately after the public hearing
The chief justice presides Stating the facts of the case
Making suggestions for deciding the case
Each justice give his/her views and conclusions
About 1/3 of the decisions are unanimous
The rest are split
Define: Majority Opinion: The view of the Supreme Court justices who agree
with a particular ruling
Deciding the Cases (Continued)
Define Dissenting Opinion: A Supreme Court opinion by one or more justices in
the minority who oppose the ruling
Define Concurring Opinion: A Supreme Court opinion by one or more justices who
agree with the majority’s conclusion but wish to offer differing reasons.
All decisions must be made by June
Implementing Decisions
United States v. Virginia (1996) Citadel
Brown v. Topeka (1954)
Policy-Making Power of the Supreme Court
Precedents
stare decisis “Let the decision stand”
Previous rulings on similar cases
Can be overturned
Judicial Activism vs. Judicial Restraint Define Judicial Activism:
The belief that the Supreme Court justices should actively make policy and sometimes redefine the Constitution.
Define Judicial Restraint: The belief that Supreme Court justices should not
actively try to shape social political issues or redefine the Constitution.
Checks on Judicial Power
Limited Powers of enforcement
Congress Confirms all presidential nominees to federal judgeships
Impeach judges and justices
Alter the organization of the federal courts systems (other than the Supreme court.
Ament the constitution
The President
Public Opinion
The EndFor today…
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