The Judicial Branch

Article I Section I

The 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 Judges, both of the

supreme and inferior Courts, shall hold their

Offices during good Behavior, and shall, at stated

Times, receive for their Services a Compensation

which shall not be diminished during their

Continuance in Office.

Purpose of Courts

Resolve legal disputes by applying the law to

individual situations

1. Criminal law: the people vs an individual

2. Civil law: an individual vs an individual

Major players

• 1. Criminal lawa. Prosecutor—represents the people b. Defendant—individual accused of breaking law

• 2. Civil lawa. Plaintiff—individual who was wrongedb. Defendant—individual accused of wrongdoing

• 3. Judgea. Applies the lawb. Instructs the juryc. Keeps proceedings fair and neutrald. May decide case if no jury

• 4. Jurya. Decides facts of caseB. Determines innocence or guilt

Precedent

• A ruling that sets guidelines for future similar

cases

Jurisdiction

1. Definition: a court’s right to hear a case

2. Original jurisdiction (aka: trial court)a. First time a case is heardb. Establishes facts of case/determines innocence or guilt

3. Appellate jurisdiction a. Higher court that reviews trial court decisions b. Does NOT retry the case; only determines if

1. Original proceedings were fair2. Law was correctly applied

State courts

1. Deal with state laws

2. Three levels

A. Trial courts

B. Appellate courts (aka courts of appeal)

C. State supreme court (aka court of final

appeal)

3. Cases may be appealed to the USSC if a federal

or constitutional issue is involved

Federal Courts

1. Original jurisdiction over federal issues

a. Federal laws

b. Constitutional issues

c. Resident of one state v resident of another state

d. Treaties

e. Maritime issues

f. Foreign govt is involved

g. US govt is involved

2. Three levels

a. Trial court (aka District Court)

b. Appellate court (aka Court of Appeals)

c. Supreme Court (aka Court of Final Appeal)

The Federal Court System

A. The Judiciary Act of 1789

Established the federal court system by

dividing the country into federal judicial

districts, creating district courts and courts of

appeals

District Courts

1. 94 across the country and US territories

a. 89 throughout the states according to population distribution

b. 1 each in

1. D.C.

2. Puerto Rico

3. Guam

4. US Virgin Islands

5. Mariana Islands

2. Original jurisdiction over federal cases

3. Territory District Courts also have original jurisdiction over local cases

Courts of Appeals

(aka Circuit Courts)

1. 13 across country

a. 12 hear appeals from district courts

b. 1 hears appeals from

1. Special courts like claims court,tax court, etc

2. Federal agencies like Office of Patents and Trademarks, Civil Service Commission, etc

Federal Judges

1. Appointed by president

a. Advisors recommend candidates

b. Professional background

c. Political/social views

d. Collegiate career

2. Confirmed by Senate

a. Judiciary commitee holds hearings

b. Professional background

c. Political/social views

d. Simple majority vote

3. Life Termsa. Death

b. Resignation/retirement

c. Impeachment

4. Bal

4. Balance the rights of the invidual vs. common good

United States Supreme Court

A. Judicial Review

1. Define: Power to overturn any Act of Congress or

executive action the Court deems

unconstitutional

2. Is it in the Constitution? Not specifically stated;

however, the Constitution says the Court shall

―interpret the law‖

3. Established by Marbury v Madison (1803)

a. Facts of the case: Marbury appointed to federal judgeship by outgoing Pres John Adams.

New Pres TJ tells Sec State Madison NOT to deliver letter of appointment (Marbury can’t take his new job)

Marbury sued in USSC citing right to do so in Fed Jud Act of 1789

b. Justices considered both facts of case and law in question

c. United States Supreme Court issued opinion:

Marbury was legally appointed as fed judge and Sec State Madison should deliver letter BUT the part of the Fed Jud Act of 1789 that said the USSC would hear this type of case is unconstitutional.

The Constitution lists specific type cases the United States Supreme Court has original jurisdiction over. This was not one of them.

SO, because that part of law was unconstitutional, Marbury shouldn’t have sued in United States Supreme Court and USSC doesn’t have authority to make Madison deliver the letter.

d. Precedent set: THE CONSTITUTION IS WHAT THE SUPREME COURT SAYS IT IS

First time Court interpreted the Constitution to the extent of declaring part of a law unconstitutional.

This put the Jud Branch on equal footing with Leg and Exec branches because the Court has the power to declare acts of the others unconstitutional.

***The US STILL has arguments over this issue!! Many people recognize this as constitutional, but many others say the Constitution is black and white and NOT subject to anyone’s interpretation—including the USSC

B. Justices

1. Appointed by president

a. Advisors recommend candidates

b. Professional background

c. Political/social views

d. Collegiate career

2. Confirmed by Senate

a. Judiciary cmte holds hearings

b. Professional background

c. Political/social views

d. Simple majority vote

3. Life terms

a. Death

b. Resignation/retirement

c. Impeachment

4. Why it matters!!

• Conservative presidents = conservative justices

• Liberal presidents = liberal justices

• Justices serve for years

• Justices interpret the Constitution; set precedent

• Those precedents affect all Americans

A day in the life . . .of a

Supreme Court Justice1. Calendar

a. Term: first Monday in October – end of June

b. Sittings: 2-wk sessions when Justices hear cases then retire to decide opinions

2. Selecting cases

a. Original jurisdiction cases—must hear these

1. State govt v state govt

2. Foreign rep a party in a case

b. Appellate jurisdiction cases—choose to hear

1. Must deal with federal or constitutional issue

2. 2. Must impact a majority of citizens

“Rule of Four”—four of the nine justices must agree

to hear the indv case out of the 1000s of cases

appealed to them.

3. Case is on the docket (aka a court’s schedule

or calendar)

a. Briefs are submitted—written summary of each

lawyer’s side of the case

b. Justices study lower court proceedings and briefs

c. Oral arguments

1. Each side gets 30 mins to argue

2. Justices get to ask questions

4. Deliberations

a. CJ summarizes case and main points

b. Group discussion, each presents views

c. Justices vote—simple majority ―wins‖

5. Opinions issued

a. Define: written statement explaining ruling and reasons for reaching that decision

b. Majority opinion: ―winning‖ decision, sets precedent

c. Concurring opinion: agree with majority opinion but for different reasons

d. Dissenting opinion (aka minority opinion): disagree with majority opinion

D. Factors influencing the Court

1. Constitution—fundamental law of US

2. Precedent—are there past similar cases

3. Intent—of the Constitution and law(s) in question 4. Social values—what is the current view of most Americans (will of the people)

5. Personal judicial philosophy—to what extent should justices become involved in setting policy

JUDICIAL PHILOSOPHY: An ongoing ―discussion‖ in American politics about the extent to which justices/judges should involve themselves with setting policy. Judges don’t make laws so how does a judge set policy?

JUDICIAL ACTIVISM: the Jud branch is an equal partner with the Leg and Exec and should be actively involved in interpreting and applying laws. Strong belief in judicial review.

JUDICIAL RESTRAINT: the Jud branch should let the Leg and Exec branches set policy and only get involved if that policy is a flagrant violation of Constitution. Not a strong belief in judicial review.

*NEITHER VIEW IS LIBERAL OR CONSERVATIVE*

E. Checks on the Court

1. Executive: pres appoints conservative or liberal justices/judges depending on his beliefs

2. Legislative: Senate confirms appointees based on its majority’s beliefs

3. Amendment process: a. How is this a check? USSC makes decision

people REALLY don’t like. People persuade Congress to propose a constitutional amendment. If ratified by the states, it nullifies the USSC decision.

Factors That Influence Supreme Court Nominations Party affiliation (80%

or higher)

Judicial Philosophy

“Litmus Test” - where nominees stand on controversial issues like abortion

Background of nominee (education, experience, race, gender, ethnicity, etc.)

Cultivating political support

Political favors

Interest group input

American Bar Association certification

Securing a “safe” nominee

The U.S. Constitution and the Appointment of Supreme Court Justices

Article II, Section 2 describes the

appointment powers of the President:

“He shall have Power, by and with the

Advice and Consent of the Senate …to…

nominate Judges of the Supreme Court….”

U.S. Supreme Court Confirmation Process

Stage 1: Presidential

Nomination

Stage 2: Senate Judiciary

Committee Hearing

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Stage 3: Full Senate

Vote

WHITE HOUSE

REVIEW

Certification

MEDIA

Influence

FBI

Investigation

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INTEREST

GROUP

Influence

Stage 4: Oath of Office?

U.S. Supreme Court Confirmation Process

Stage 1

Presidential Nomination

1. White House staff reviews candidates and submits a short list to the president

2. FBI background investigation

3. Candidates submit financial disclosure forms

4. ABA grades candidates

5. Interest groups weigh in on candidates

6. President selects nominee

U.S. Supreme Court Confirmation Process

Stage 2

Senate Judiciary Committee Hearings

1. Senate Judiciary members and their staffs review candidate’s background (may conduct own investigation)

2. Interest groups may conduct campaigns for or against nominee (including TV ads)

3. Intense media attention to Senate hearings

4. Senate Judiciary Committee questions candidate on judicial philosophy, stands on key issues, etc.

5. Judiciary Committee votes up or down on nominee and sends recommendation to full Senate

U.S. Supreme Court Confirmation Process

Stage 3

Full Senate Vote1. Floor debate on

nominee

2. Confirmation vote by full Senate

U.S. Supreme Court Confirmation Process

Stage 4

Oath of Office

1. If confirmed by the Senate, nominee sworn in, usually by Chief Justice

2. Once on the Court, justices often make decisions on the bench very different from what the nominating President had anticipated

The United States Supreme

Court

Inside the Supreme Court

Basic Supreme Court

Information

• 9 Justices

• Nominated by President

• Approved by Senate

• Hold position for life or until retire

John G. Roberts, Jr., Chief

Justice of the United States

• Harvard Law School in

1979

• He was appointed to the

United States Court of

Appeals for the District of

Columbia Circuit in 2003.

President George W. Bush

Antonin Scalia, Associate

Justice

• Harvard Law School

• President Reagan

nominated him as an

Associate Justice of the

Supreme Court, and he

took his seat September

26, 1986.

Anthony M. Kennedy,

Associate Justice

• Stanford University and

the London School of

Economics

• President Reagan

nominated him as an

Associate Justice of the

Supreme Court, and he

took his seat February 18,

1988.

Clarence Thomas, Associate

Justice

• Holy Cross College, and a

J.D. from Yale Law School

in 1974.

• President Bush

nominated him as an

Associate Justice of the

Supreme Court, and he

took his seat October 23,

1991.

Ruth Bader Ginsburg,

Associate Justice

• attended Harvard Law

School, and received her

LL.B. from Columbia Law

School

• President Clinton

nominated her as an

Associate Justice of the

Supreme Court, and she

took her seat August 10,

1993

Stephen G. Breyer, Associate

Justice

• A.B. from Stanford University, a B.A. from Magdalen College, Oxford, and an LL.B. from Harvard Law School

• President Clinton nominated him as an Associate Justice of the Supreme Court, and he took his seat August 3, 1994

Samuel Anthony Alito, Jr.,

Associate Justice

• President George W. Bush

nominated him as an

Associate Justice of the

Supreme Court, and he

took his seat January 31,

2006.

Sonia Sotomayor, Associate

Justice

• Princeton University, In 1979, she earned a J.D. from Yale Law School.

• President Barack Obama nominated her as an Associate Justice of the Supreme Court on May 26, 2009, and she assumed this role August 8, 2009.

Elena Kagan, Associate Justice

• A.B.,PrincetonUniversity; Worcester College, Oxford University, earned a J.D. from Harvard Law School, was supervising editor of the Harvard Law Review

• Obama nominated her as an Associate Justice of the Supreme Court on May 10, 2010, and she assumed this role on August 7, 2010.

Supreme Court Chambers

Interviews with Supreme

Court Justices