government, chapters 11 and 12 the judicial branch
TRANSCRIPT
Government, Chapters 11 and
12
The Judicial Branch
Powers of the Federal Courts!
Initially Courts played a minor role! Chief Justice John Marshal
1801-1835, increased the courts powers
Jurisdiction- Authority to hear casesConcurrent jurisdictionOriginal jurisdictionAppellate jurisdiction
Developing Supreme Court Power! Marbury v. Madison- judicial
review 1803 McCulloch v. Maryland- implied
powers 1819 Gibbons v. Ogden- commerce
powers 1824
Dred Scott v. Sandford- Shift to State power 1856
Lower Federal Courts!
94 District CourtsGrand Jury, 16-23 people,
rule to go ahead with charges or not.
Petit Jury, 6-12, hear the case and make a ruling.
80% of all federal cases heard here
Few appealed
Lower Federal Courts!
12 judicial circuits, Appellate Courts 1 National Court of Appeals
Legislative courtsU.S. court of Federal ClaimsU.S. Tax courtTerritorial CourtsCourt of Veterans’ Appeals
Selection of federal Judges!Appointed for life
Nominated by the President, Senate confirms.
Party affiliation importantSenatorial courtesy, Senator
from the state being appointed objects to a district judge, no confirmation
The Supreme Court!Has both Original and Appellate
jurisdiction9 Justices today, no amount set in
the Constitution.Duties have developed over time.One assigned to each circuit to
hear appeals
The Supreme court at work!
9 month session, October-June.
Two weeks of hearing casesRender an opinion, written
statements on the decision2000, 8,900 cases
appealed, 83 cases heard
How cases Reach the Court!
Writ of Certiorari- Order from the court to send up paperwork from lower court.
No reason given for rejecting cases.
Lower decision standsStare Decisis
Solicitor General- Represents the Federal government
Decides to appeal or not.
How cases Reach the Court! Selecting Cases
Clerks read petitions and summarize.If chosen by a Justice goes to the
discuss list2/3rds do not make itFriday Conference of Justices to
chooseRule of Four- Four agree to hear a
case it is heard by the court.
Deciding Major Cases!
Briefs submitted- legal arguments Amicus curiae briefs- Outside
information about the case. Oral Arguments
30 minutes for each side Justices interrupt, question etc.Strict time limitFormally informal
Deciding Major Cases!
The ConferenceWednesdays and FridaysOnly the nine, no minutes kept
Writing the OpinionUnanimous opinionMajority OpinionConcurring OpinionDissenting Opinion
Shaping Public Policy! 1. Using Judicial Review
Miranda v. Arizona- police acted unconstitutionally
2. Interpreting the meaning of lawsPGA Tour, Inc. v. Martin
3. Overruling or reversing its previous decisionsPlessy v. Ferguson, Brown v. Board of Education
Shaping Public Policy!
Limited control over Agenda- Only decides cases that come from elsewhere.
Lack of Enforcement- Executive Branch must support the decision