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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