Download - The Judicial Branch
The Judicial Branch
INTERPRETS LAWS
The Federal Court System
• Organization of the Federal Courts– The Lower Federal Courts– Constitutional Courts– Special Courts– Appointing Federal Judges
• Judicial Jurisdiction and Power– Jurisdiction of Federal Courts– Power of Judicial review
Organization of the Federal Courts
• Lower courts set up by Congress
• Federal courts deal with:– Cases involving the Constitution– Federal Laws– Certain, other issues
• States have their own system of courts
Anthony Kennedy
John Paul Stevens
Chief Justice
John Roberts
Antonin Scalia
Clarence Thomas
Samuel Alito
Ruth Bader Ginsberg
Stephen Breyer Sonia
Sotomayor
Your Supreme Court Justices
Chief Justice
John Roberts (2005-Present)
George W. Bush
John Paul Stevens
(1975-Present)
Gerald Ford
Antonin Scalia (1986-Present)
Ronald Reagan
Anthony Kennedy
(1988-Present)
Ronald Reagan
Clarence Thomas (1991-Present)
George H. W. Bush
Ruth Bader Ginsberg
(1993-Present)
Bill Clinton
Stephen Breyer (1994-Present)
Bill Clinton
Sonia Sotomayor
(2009-Present)
Barack Obama
Samuel Alito
(2006-Present)
George W. Bush
Presidential Appointments
Judicial Jurisdiction and Power
• Jurisdiction: authority to hear only certain cases
• Original jurisdiction: first time case
• Appellate jurisdiction: appeals
• Judicial Review: landmark supreme court case declared federal law unconstitutional. Court took for itself the power to review acts of Congress.
Marbury v. Madison (1803):
ruled Judiciary Act of 1789 unconstitutional. Established Judicial Review.
Landmark Supreme Court Case
The Supreme Court at Work
• How the Court Process Works– Getting on the Court’s Calendar– The Decision-Making Process
• Influences on the Supreme Court– The Basic Guides– The Justices– United States Society– The Executive and Legislative Branches
• The Supreme Court and National Policy– Judicial Review and Interpreting the Law– Reversing Past Decisions– Limits on the Supreme Court
How the Court Process Works
• Justices hear cases from October to May
• Oral Arguments: presentations lawyers make before the justices.
• Conferences: make decisions/rulings, pick new cases
• Law Clerks: do legal research (students)
Getting on the Calendar
• Writ of Certiorari: legal request for hearing
• Rule of Four: Need 4 justices to agree to take the case
Why do justices take cases?– Raises an important constitutional or legal
question
The Decision Making Process• Brief: documents with legal
arguments for a side• Precedent: similar case that has
already been decided• Amicus Curiae Brief: friend of the
court• Swing Vote: decides a tie• Opinion: legal reasons for a
decision– Unanimous opinion– Majority opinion– Concurring opinion– Dissenting opinion
Influences on the Supreme Court
• Backgrounds of Justices
• Public Opinion
• Interpretations
• Views/philosophies
Liberal Conservative
Loose Constructionist Strict Constructionist
Moderate
Limits on the Judicial Branch
• Court Packing• Impact Laws• Amendments• Appointments• Senate Judiciary Committee• Senate Confirmation/Refusal• Impeachment• Lack of enforcement power
National Public Policy
• Judicial Review has struck down 150 federal laws and over 1,000 state & local laws
• Reversing: overturn a previous decision
How does this affect public policy?– Congress tends not to pass similar laws– Affects how laws are executed (Miranda)
Brown v. Board of Education 1954 Segregation
Engel v. Vitale 1962 School Prayer
Gideon v. Wainwright 1963 Right to Counsel
Miranda v. Arizona 1966 Rights of the Accused
Oregon v. Mitchell 1970 Voting Age
Roe v. Wade 1973 Right to Privacy
U.S. v. Nixon 1974 Separation of Powers
Rostker v. Goldberg 1981 Women & the Draft
Vernonia School District v. Acton
1995 Drug Testing of Students