THE JUDICIARY (Article 3)THE JUDICIARY (Article 3)

ORGANIZATIONORGANIZATION SUPREME COURTSUPREME COURT

Nominated by PresidentNominated by President Advise & consent of SenateAdvise & consent of Senate Salary can’t be reducedSalary can’t be reduced Serve during “good behavior”Serve during “good behavior”

Inferior CourtsInferior Courts Appeals Courts--12 districtsAppeals Courts--12 districts

3 Judge Panels3 Judge Panels No JuriesNo Juries

District CourtsDistrict Courts Single judgeSingle judge Juries Juries

State CourtsState Courts

THE JUDICIARY (Article 3)THE JUDICIARY (Article 3)

JURISDICTIONJURISDICTION

Federal CourtsFederal Courts Cases involving federal lawCases involving federal law Cases withCases with

U.S. GovernmentU.S. Government Multiple statesMultiple states Citizens of different statesCitizens of different states

Supreme CourtSupreme Court Original--Original--disputes between states disputes between states AppellateAppellate

errors of law--facts not re-decidederrors of law--facts not re-decided writ of certiorari requestedwrit of certiorari requested

4 justices must approve (90% denied)4 justices must approve (90% denied) Criteria is the issue, not the personCriteria is the issue, not the person

JURISDICTIONJURISDICTION

SUPREME COURT SUPREME COURT PROCEDUREPROCEDURE

1st Monday in October1st Monday in October SequenceSequence

Written briefsWritten briefs Oral arguments and questioningOral arguments and questioning Debate among justicesDebate among justices

OpinionsOpinions Assignment to writeAssignment to write

Chief JusticeChief Justice Senior justice on Senior justice on

majority sidemajority side MajorityMajority ConcurringConcurring DissentingDissenting 5-4 decisions5-4 decisions

SUPREME COURT SUPREME COURT PROCEDUREPROCEDURE

SELECTION OF JUDGESSELECTION OF JUDGES Inferior Courts--based on merit & politicsInferior Courts--based on merit & politics Supreme CourtSupreme Court

Most important legacy of a PresidentMost important legacy of a President StepsSteps

Long and short listsLong and short lists InvestigationInvestigation HearingsHearings

Criteria--merit, ideology, diversityCriteria--merit, ideology, diversity Sometimes there are surprisesSometimes there are surprises

Earl WarrenEarl Warren

Current Supreme Court Current Supreme Court ReaganReagan

Scalia (M) Scalia (M) age 74 since 1986age 74 since 1986 conserv conserv Kennedy (M)Kennedy (M) age 74 since 1988age 74 since 1988 swing swing

Bush IBush I Thomas (M) Thomas (M) age 58 since 1991age 58 since 1991 conservconserv

ClintonClinton Ginsburg (F)Ginsburg (F) age 77 since 1993age 77 since 1993 liberalliberal Breyer (M)Breyer (M) age 72 since 1994age 72 since 1994 liberalliberal

Bush IIBush II Roberts (M)Roberts (M) age 57age 57 since 2005 since 2005 conserv conserv Alito (M)Alito (M) age 63age 63 since 2005 conserv since 2005 conserv

ObamaObama Sotomayor (F)age 58Sotomayor (F)age 58 since 2009since 2009 liberal liberal Kagan (F)Kagan (F) age 52 since 2010 liberal age 52 since 2010 liberal

JUDICIAL REVIEWJUDICIAL REVIEW

SC initially not an equal branchSC initially not an equal branch Un-elected Un-elected Lack of enforcement powerLack of enforcement power Chief Justice MarshallChief Justice Marshall

Marbury v. MadisonMarbury v. Madison Adams appointment of Marbury Adams appointment of Marbury Jefferson Refusal Jefferson Refusal Writ of Mandamous--command to Writ of Mandamous--command to

perform (Judicial Act of 1789)perform (Judicial Act of 1789) Justice Marshall’s DilemmaJustice Marshall’s Dilemma

Command JeffersonCommand Jefferson Deny relief to MarburyDeny relief to Marbury

JUDICIAL REVIEWJUDICIAL REVIEW

Marshall’s SolutionMarshall’s Solution

Marshall’s DecisionMarshall’s Decision Jefferson’s refusal illegalJefferson’s refusal illegal No basis for Judicial Act of 1789 No basis for Judicial Act of 1789 Act unconstitutional Act unconstitutional

Marshall’s ArgumentMarshall’s Argument Constitution supremeConstitution supreme Acts contrary are voidActs contrary are void Court sworn to support ConstitutionCourt sworn to support Constitution Courts interpret Constitution Courts interpret Constitution Court can review and void lawsCourt can review and void laws

Marshall’s SolutionMarshall’s Solution

ResultsResults Court above politicsCourt above politics Judicial Review of Federal LawsJudicial Review of Federal Laws Judicial Review of State LawsJudicial Review of State Laws

Approval of sale of loyalist lands Approval of sale of loyalist lands by bribed Virginia legislatureby bribed Virginia legislature

Reversal of decision by next Reversal of decision by next legislaturelegislature

Reversal voided by Court--no law Reversal voided by Court--no law impairing contractsimpairing contracts

HOW TO INTERPRET THE HOW TO INTERPRET THE CONSTITUTIONCONSTITUTION

Original IntentOriginal Intent Judge based on principlesJudge based on principles Popularity not a good decision rulePopularity not a good decision rule Words carefully chosenWords carefully chosen Status & stability to ConstitutionStatus & stability to Constitution

Present CircumstancesPresent Circumstances How to determine How to determine

original intent?original intent? Document was a Document was a

compromisecompromise Times have changedTimes have changed

HOW TO HOW TO INTERPRET INTERPRET

THE THE CONSTITUTIONCONSTITUTION

The Supreme Court TodayThe Supreme Court Today PrecedentPrecedent PersonalitiesPersonalities Public OpinionPublic Opinion

HOW TO INTERPRET THE HOW TO INTERPRET THE CONSTITUTIONCONSTITUTION

2nd AMENDMENT2nd AMENDMENT

““A well regulated militia being A well regulated militia being necessary to the security of a free necessary to the security of a free state, the right of the people to keep state, the right of the people to keep and bear arms shall not be and bear arms shall not be infringed.”infringed.”

What does the 2nd Amendment What does the 2nd Amendment mean? mean?

Interpreting the ConstitutionInterpreting the Constitution

Interpretation based on present day Interpretation based on present day circumstancescircumstances Violence in society, new technologyViolence in society, new technology Tradition of guns for defense & sportTradition of guns for defense & sport

Based on Original IntentBased on Original Intent ““A well regulated militia being necessary to the security A well regulated militia being necessary to the security

of a free state, the right of the people to keep and bear of a free state, the right of the people to keep and bear arms shall not be infringed.”arms shall not be infringed.”

MilitiasMilitias vs. standing armiesvs. standing armies well-regulated militia well-regulated militia

Bear armsBear arms Military phraseMilitary phrase 3rd Amendment: quartering3rd Amendment: quartering

People--term implies individualsPeople--term implies individuals

Interpreting the ConstitutionInterpreting the Constitution

U.S. vs. Miller (1939)U.S. vs. Miller (1939) National Firearms ActNational Firearms Act

Sawed-off shotgun across state lines illegalSawed-off shotgun across state lines illegal Miller convicted Miller convicted Contended Act unconstitutional under 2nd Contended Act unconstitutional under 2nd

Amendment Amendment Supreme Court:Supreme Court:

“ “No evidence that a sawed-off shotgun is needed No evidence that a sawed-off shotgun is needed for militias.” for militias.”

Upheld convictionUpheld conviction D.C. Decision (2008)—right to own firearmsD.C. Decision (2008)—right to own firearms Chicago Decision (2010)Chicago Decision (2010)

2nd Amendment and the Court 2nd Amendment and the Court