The JUDICIAL BRANCH The Court System in the United States.

The JUDICIAL BRANCHThe Court System in the United States

Creation of a National Judiciary

Article III, §1, of the Constitution provides that "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." The Supreme Court of the United States was created in accordance with this provision and by authority of the Judiciary Act of September 24, 1789 (1 Stat. 73). It was organized on February 2, 1790.

Source: http://www.supremecourt.gov/about/briefoverview.aspx

Judicial Review

Judicial Review is the power to interpret laws, to determine their meaning, and to settle disputes within the society.

The power of Judicial Review was established by the Supreme Court with Marbury v. Madison.

It makes the Supreme Court the final authority on the meaning of the Constitution.

Types of Law

A Statutory law – law enacted by legislative bodyB. Common law – based on custom or court

decisionC. Constitutional lawD. Administrative law- quasi judicialE. Criminal Law – plea bargains, public defenders,

voluntary defenders, pro bonoF. Civil Law – laws related to ordinary, private matters

Types of Courts

A. Constitutional courts – Supreme Court, Courts of Appeals, the District Courts and the Court of International Trade

B. Legislative courts – Congressional courtsC. Civil/Criminal courtsD. Original jurisdictionE. Appellate jurisdiction

The Supreme Court

http://www.supremecourt.gov/about/briefoverview.aspx

The Federal Court System

Florida Court System

Selection of Federal Judges

Senatorial Courtesy and Judicial Appointments:A. Senate Judiciary CommitteeB. race, party, sexC. ideologyD. judicial activism/judicial restraintE. longevity, tenureF. “Litmus” testG. Judicial experience

Courts as Policymakers

New Deal EraThe Warren Court (1953 – 1969)The Burger Court (1969 – 1986)The Rehnquist and Roberts Courts (1986 –

present)

Parties to SuitsPlaintiffDefendantAppellantAppellee

Types of JuriesGrand Jury –

Indictment Petit Jury – decides

guilt or innocence

Appeal Procedure

Petition of certiorari, request for Supreme Court review (approximately 10,000 requests)

Discuss the list in conference, review denied in 98% of all requests

Rule of four puts a case on the docket (approximately 100 cases per year)

Preparation of briefsOral argumentConferenceOpinion – majority, minority, dissenting, concurring Assignments of opinion – seniority/role of Chief

Justice

Landmark Supreme Court Cases

Brown v. Topeka Board of Education Engle v. Vitale Escobedo v. Illinois Gideon v. Wainwright Mapp v. Ohio Miranda v. Arizona Regents of the University of California v. Bakke Roe v. Wade Webster v. Reproductive Health Services Tinker v. DesMoines Miller v. California Swann v. Charlotte-Mecklenburg Board of Education

(1971)

Civil Liberties

Bill of RightsFirst Amendment

Establishment Clause – “Lemon Test,” Lemon v.

Kurtzman The Free Exercise Clause Freedom of Expression

• Clear & Present Danger Test• Symbolic Expression• Obscene Material

Press

The Second Amendment – the “true” meaning?

Fifth AmendmentSixth AmendmentEighth AmendmentNinth Amendment – PrivacyThe “Slavery” Amendments – 13th, 14th, 15th

Civil Rights

Equality of Outcome v. Equality of Opportunity

Barriers to Civil Rights – poll tax, racial segregation, separate-but-equal

Civil Rights Movement: NAACP, Brown v. Topeka Board of Education, Martin Luther King, Jr. and Civil Disobedience, Malcolm X, the Black Panters

Civil Rights Act of 1964De Jure v. De Facto Segregation

Extension of Civil Rights

Native AmericansWomen, 19th Amendment, Equal Pay Act of

1963, and Title VII, Defeat of the ERA1990 Americans with Disabilities ActAegismThe Gay Rights MovementAffirmative Action