A Look at the Judicial Branch The Federal Court System & Supreme Court.

A Look at the Judicial Branch

The Federal Court System & Supreme Court

Layout of Judicial System

Structure cont.

• District Courts• Original Jurisdiction

•Federal crimes•Civil suits under federal law and across state lines

•Supervise bankruptcy and naturalization•Review some federal agencies•Admiralty and maritime law cases

Structure cont.

• Courts of Appeal [Circuit Courts] • Appellate Jurisdiction

•Hold no trials and hear no testimony.•Focus on errors of procedure & law

The Supreme Court

The Supreme Court

• Head of the Judicial Branch• Justices:

• The Judges who sit on the Supreme Court Bench

• Size of the Court is determined by the Congress• Constitution doesn’t specify• Number has been set at 9 since 1869

• Checks/Balances: • Justices are appointed by the President• Approved by Senate

• Appointed for Life• can be impeached.

Selection Process…

• The Politics of Judicial Selection for the Supreme Court:• President relies on attorney general and DOJ to screen candidates.

• 1 out of 5 nominees will not make it.

• Presidents with minority party support in the Senate will have more trouble.

• Chief Justice can be chosen from a sitting justice, or a new member.

The Supreme Court

• The Court’s Term:• October-June

• Diversifying the Court:• 1967: First African American appointed.•Thurgood Marshall

• 1981: First woman appointed.•Sandra Day O’Connor

• 1993: Second woman appointed. •Ruth Bader Ginsburg:

Sandra Day O’Connor

Ruth Bader Ginsburg

Thurgood Marshall

The Supreme Court

• Judicial Review• “Courts have the power to determine whether a law or presidential action is Constitutional”•Supreme Court holds ultimate authority!

• Constitution doesn’t specify this•Created out of Supreme Court Decision.

• Marbury v. Madison (1803)

•John Marshall: Chief Justice from 1801-1835

The Supreme Court

• Influence of John Marshall• Idea of Judicial Review

• Marbury v. Madison• Involved William Marbury, who’d been promised appt. as Justice of the Peace by President Adams

• Appointment withheld by Secretary of State James Madison under orders from President Jefferson.•Marbury sued for his appointment.

• Significance: established the Supreme Court’s power of judicial review

The Supreme Court

• Original & Appellate Jurisdiction• Most cases are appellate.

• Deal with interpretation of civil liberties or public policy issue.

• Origninal Jurisdiction:• Involving diplomatic representative of another country• Involving disputes btw states• Involving a State and the Federal government

• Court decides what cases it will hear. • Placed on the Docket:

• the calendar/schedule for the Court• Cases usually involve issues of significant public interest.• 4 judges have to want to hear the case• If it refuses, then original decision stays in effect• Remand: Supreme Court can order a case to a lower court fo a new trial

Supreme Court

The Supreme Court

• Preparing for the Supreme Court• Lawyers for each side prepare a brief.

• Lawyers then present case to the Court.• Question & Answer• Get only 30 minutes

• Court then issues it’s opinion.• Majority Opinion• Consenting Opinion• Dissenting Opinion 2

Judicial Opinion

• Justices discuss the case.• Writing the Opinion:

•Majority Opinion: • statement of legal reasoning behind a judicial decision) on the case.

•Concurring Opinion: • what a Justice writes when they agree with the ruling but for different legal reasons

•Dissenting Opinion: • a written explanation as to why a Justice disagreed with the decision of the Court

What goes into deciding a case?

• Factors that affect a Court’s Decision. • Stare Decisis:

•to let the previous decision stand unchanged.

• Precedent: •How similar past cases were decided.

• Original Intent: •The idea that the Constitution should be viewed according to the original intent of the framers.

Overall…

• The Supreme Court serves as the “interpreter” of laws in our government.

• The Courts and Democracy• Courts are not very democratic

• Not elected• Difficult to remove• The courts do reflect popular majorities

• Groups are likely to use the courts when other methods fail – promoting pluralism

• There are still conflicting rulings leading to deadlock and inconsistency

Overall…

• The Scope of Judicial Power• Judicial Restraint:

• judges should play a minimal policymaking role • leave the policies to the legislative branch.

• Rehnquist Court

• Judicial Activism: • judges should make bold policy decisions and even charting new constitutional ground.

• Create public policy through decision. • Warren & Burger Court

• Statutory Construction: • the judicial interpretation of an act of Congress.• Gun Free School Zone Act of 1990• Flag Protection Act of 1989