Judicary

The constitution and the judiciary Act of 1789: establishing the supreme court and the federal district courts

- anti-federalists feared a strong national judiciary court would erode states' rights and power, but federalist felt that a strong national court would be necessary to moderate conflicts between states.

- Federal judiciary act was established and it created the federal district courts in 1789.

Marbury vs Madison- this court case gave birth to the judicial review (the right to review acts of Congress and the president and also to decide whether these laws are constitutional or not and to strike down those laws that conflicted with constitutional principles). JR is the most significant power of the Supreme Court. JR has extends to apply to laws passed by state legislatures and executives as well.

Explain the five functions of the Judiciary.1. Criminal cases - alleged violation of local, state, and federal law. Jury determines:a. guilt or innocenceb. punishment3. Civil Cases - a private dispute between 2 parties - asking for:a. money, compensationb. injunction - to stop in actionExamples:Divorce and child custody arrangements. Business partners -- dispute over property, profits, or assets3. Judicial Review - power of the courts to determine the constitutionality of all B (federal, state, and local) laws and all government actions.4. Interpret the constitution or laws. 5. Establish rules and operating procedures for the courts.

The Judiciary act of 1891: Expanding the federal courts- the circuit courts of appeals (court of appeals) was created thru this act.

- It is the middle level in federal court structure created to take some of the load off of the supreme court. and fed. district courts when it came to appeals after the expansion of the court jurisdiction.

-the court of appeals duty was to review the decisions made by courts in the federal or state judiciary system and charged exclusively with reviewing the application of law in previous court decisions rather than looking at evidence or facts of the cases.

- today there are 12 courts of appeals and the 13th only hears special kinds of cases

The language of U.S. law- two main people in court case the plaintiff and the defendant- two main types of cases: Civil and Criminal - criminal law cases are normally the government or the nation against an individual and a civil law case is normally two individuals against each other.

The federal Court system has 3 major levels starting on the bottom, they are:District CourtsCourts of appealsUnited States Supreme Court District CourtThe vast majority of cases begin in district courts. Our nation has ninety-five districts. They handle 200,000 + cases a year. They are courts of original jurisdiction: courts where the case starts & which have the authority to hear the case first. The district court is presided over by a single judge. Jury trials occur at this level. This is primary federal court of original jurisdiction. (That means most federal cases begin in the district courts.)

Court of AppealsThe United States has twelve circuits with a Court of Appeals in each circuit. If you lose in the district court, you appeal to the courts of appeals.. Your case is only reviewed and no new trial occurs. A panel of three judges decides whether the district court decided correctly (they uphold or affirm the decision) or if the district court ruled incorrectly (they then reverse or overturn the decision). These courts hear about twenty thousand appeals a year. They only have appellate jurisdiction. -- the power to hear & decide cases on appeal from a lower court. A case never begins in the Courts of Appeals

U.S. Supreme Court The Supreme Court has nine justices. (Size of Supreme Court is set by Congress -- it has been as small as 5 and as large as 10. Its been 9 since1869.) This is your last shot of appeal, the highest court of the land. It has both Appellate and Original Jurisdiction. Some come from appeals and others originate there. (Ex foreign diplomats or problems between the states.) It receives 6-7,000 requests to review cases annually in the form of petitions. They accept only 2-3 % of these. Will only hear around 100 to 150 cases. They decide what to accept by following the rule of four. Four of the nine justices must vote for hearing the case. (Four yes votes.) Then they issue a Writ of certiorari- a court order from the Supreme Court ordering the lower court to send up the records of the case so that they can review it. Criteria for your case to be accepted on appeal (What the S. Court looks for):

A Constitutional issue. Conflicting Lower court opinions.Supreme Court disagrees with the lower courts decision

 Can reject the case because it’s a policy issue. (That is an issue best left to the other two branches -- executive & legislature -- for settlement.)

When the Supreme Court accepts your case:1. Justices will research your case with their law clerks. Most important rule they follow: Stare decisions - —“let the (previous) decision stand” --base today’s decision on the previous decisions when reviewing cases. -- follow precedent2. Oral Arguments - your lawyer actually appears before the Supreme Court. Each case only receives an hour. Each lawyer (from opposing sides) gets 1/2 hour. 3. Conference - meeting of the nine justices only with no outsiders allowed. - In conference, they:Review petitions for new cases coming in they might want to hear in the future. Discussion Vote: discuss the previously heard cases from the week-Chief justice has opening words discussion proceeds and then in order of seniority of the justices. Then there is a vote in reverse order, with newest justice being first and chief justice voting ease. Opinions: assignment and writing of opinions. Tell why they ruled the way they did and explain how they decided that. Three Possible Opinions:Majority Opinion - written by the winning side. This opinion explains to the nation how & why the U.S. Supreme Court ruled on the case. This opinion sets guidelines our rules that the lower courts must then follow. Minority/Dissenting Opinion - written by the losing side and it explains how they feel the case should have been decided. They criticize the majority opinion and explain how they believe the case should have been decided. They are hoping that in the future the dissenting opinion will become the majority opinion. As in Plessy vs. Ferguson - minority opinion became the majority opinion in Brown vs. Board of Education. Concurring opinion -The justices who voted in the winning side but have different reasons for doing so thus they write a separate opinion explaining those different reasons -- the concurring opinion. There could be in theory several concurring opinions.

The fed and state constitutions

- Constitutions are the highest form of law, taking precedence over all other laws. They are the blue print for the fed and state governments. They also establish functions and structure of the branches and define the relationship between the fed.

Structure of Federal Courts:

Current Supreme Court Justices: Antonin Scalia: 1986. Born: 1936—Roman CatholicAnthony M. Kennedy: 1988. Born: 1936 —Roman CatholicClarence Thomas: 1991—Borh: 1948 —Roman CatholicRuth Bader Ginsburg, 1993–Born: 1933 —JewishStephen G. Breyer: 1994–Born 1938 — JewishJohn G. Roberts: 2005– —Born: 1955—Roman CatholicSamuel A. Alito: 2006– Born: 1950—Roman CatholicSonia Sotomayor: 2009– Born: 1954 —Roman CatholicElena Kagan: 2010–Born:1960—Jewish

Federal Judge Selection ProcessSupreme Court Justices all lower court federal judges are appointed by the President must be approved by Senate. -- by a majority vote 20% of the nominations to the Supreme Court have failed. Appointment is for lifeWHY?

to place them above popular influence and not be influenced by politicsWHY appointed & not elected?—So that they will not be tempted to hand down politically popular decisions, but decisions that are legally and constitutionally correct.

Criteria for appointment to a federal judgeship: 1. Party Loyalty - someone who shares your philosophy. 90% of all judges appointed are of the same political party as the president. 2. Political Philosophy (Liberal or, Conservative, or moderate) B they generally share the president’s philosophy 3. Judicial Philosophy (Two theories of the role of the courts) A. Judicial Activism 1. Interpret constitution broadly and flexibly2. which cases to accept - Accept any cases with issues were ignored by the other two branches. 3. Interpretation - occasionally you must reinterpret to adapt the constitution to changing times and society. 4. Use their power to further social and economic justice. B. Judicial Restraint 1. Interpret constitution literally and narrowly (strict)2. which cases to accept: avoid policy questions, and leave those issues to the other two branches. (Example: abortion)3. Interpretation - follow precedent and Stare Decisus and try to figure out the framer=s intent. 4. Keep your personal biases out of opinions and follow the framer’s intent.

Influence of United States Supreme Court in the United States History  I Marshall Era_ Named after our third chief justice John Marshall from 1801 B 1835_ (1N) Power of Judicial Review Was Established in Marbury vs. Madison in * 1803. And set the precedent in his brilliant opinion so persuasively that he makes the judicial branch the umpire of the entire governmental system.-- and perhaps the most powerful branch _ Marshall through his opinion, in McCullock vs. Maryland, established that the national government, specifically Congress, has implied powers. This strengthened & expanded the powers of the national government.  II. Conservative Laize Faire (Hands off) 1885-1937_ Legalized Segregation - Plessy Vs. Ferguson.* “separate but equal” rule_ Weakened Worker protection laws. _ Weakened Business Regulations- monopolies flourished_ Progressive income tax was declared unconstitutional. Progressive tax taxes you more (higher rates) for the higher income. --wealthy weren’t paying their fair share._ Together these four things created injustice, and unfair treatment of workers, consumers, small businesses blacks and society.

III. Warren Court (1953-69)_ Ended legal segregation (Brown vs. Board of Education)*_ Ended organized school prayer in public schools. (Based on the establishment clause. In 1st Amendment)_ established the right to privacy. Unmentioned right in the constitution. _ established the one-person one vote rule, which ended one type of Gerrymandering, the drawing of unequal, and unfair district lines. _ Expanded the rights of the accused _ Miranda vs. Arizona & a suspect must be read their rights before interrogations otherwise statements are inadmissible _ Exclusionary rule expanded -- illegally seized evidence cannot be used in court_ Poor defendant must be provided with a court appointed attorney. (Gideon) case_ First amendment rights protects the right to march for any group, no matter how disliked or radical, so long as they were peaceful, had the right to march._ weakened the definition of pornography. Protected artistic freedom, but allowed more and more explicit materials to be sold. IV Burger Court (1969-86) _ Nixon appointed 4 of the nine justices. – Changes:Expanded the right of privacy to include abortion (Roe vs. Wade) Expanded civil rights to include busing, affirmative action, & sex discrimination.But weakened the rights of the accused by narrowing the Miranda decision and exclusionary rule and supported the death penalty.Created local standards in deciding what is pornographic.

V Rhenquist Court 1986 - present_ States can place reasonable restrictions on abortion. (Webster-Decision) _ Parental notification, restrictions, etc._ Restricted busing to integrate schools and affirmative action. _ Made job discrimination harder to prove. _ Narrowed Miranda and exclusionary rule. Narrowing the rights of the accused. _ Most unexpected decision --handed down flag burning was protected symbolic speech. A liberal decision._ Ruled the Texas (and all state) sodomy statutes unconstitutional (2003)—they violated the right to privacy of the 2 consenting adults who were engaging in the “deviant behavior.” A liberal decision._ Narrowly upheld affirmative action (2003)—although narrowed its use—no quotas or special points added to minority college applicants—a moderate decision.  Considered the first conservative majority on the Supreme Court since the 1930s - in 60 years.

 Criminal Justice and Jury system.  Petit Jury_ Trial jury - sits in the courtroom and listens to evidence and hands down guilty or innocent verdicts and decides punishment. Grand Jury_ Decides if there is sufficient evidence to indict you and charge you with a crime-& take you to trial (Purpose: protects people from publicly motivated trumped up charges also makes sure only best prepared cases go to trial -- prevents waste of courts time must have a 3/4th majority. (9 of 12) for an indictment Misdemeanor -minor crime, small fines and a jail sentenceFelony -A serious crime major fines and possible prison sentence. Criminal Case - A law being violated—someone indicted and court must determine innocence or guilt.Civil Case - Dispute between two people or parities. Compensation for an injustice is typically being asked for. - no law has been violated Plea Bargain - Plead guilty to a lesser crime for lesser sentence-- reduces backlog of cases in the court system Jury SelectionWas chosen from voter registration in the past. Now taken from driver’s license list. Three automatic exemptions: _ 65 or older_ Responsible for care of a child under 10_ Full time college student