Judicial Branch 2015

US Circuit Courts

US Supreme Court (Article 3 of the Constitution)

Supreme Court Justices

John Roberts Appointed 2005(Bush) Chief Justice (conservative)

Antonin Scalia 1982 (Reagan) very Conservative

Anthony Kennedy 1988 (Reagan) Centrist

Clarence Thomas 1991 (Bush Sr.) very Conservative

Ruth Bader Ginsburg 1993 (Clinton) liberal

Stephen Breyer 1994 (Clinton) leans liberal

Samuel Alito 2006 (Bush) conservative

Sonia Sotomayor 2009 (Obama)

Elena Kagen 2010 (Obama)

Conservative leaning judges

Likely Liberal leaning judges after 2010

Swing Judge (Kennedy)

Constitutional Court The Supreme Court and any lesser courts created by Congress.

Qualifications for being a Federal judge There are none –The Constitution makes no mention of age, citizenship or anything else when dealing with judges.

Term of office for federal judges “Shall hold office during good behavior” They can’t be fired They serve for life or until they retire. –Why? or have their salaries reduced. –Why is this important? Can be impeached for treason, bribery, high crimes or misdemeanors.

How do all federal judges get that position? Constitutional Court –Judges are appointed by the President and confirmed by a majority vote of the senate.

Nominating a Judge Of 145 Supreme Court nominations the Senate has rejected 29 (5 in the 20 th Century) Senatorial Courtesy –(Doesn’t apply to Supreme Court) –The practice of the senior Senator from the state that the judge will preside in, to suggest a judge –IF a Senator is in the President’s party and he opposes a judge, the judge will most likely by rejected by the Senate.

The “litmus” test –This is when a President appoints a judge that reflects political and philosophical beliefs of the President. –Party membership does make a difference on how judges vote on cases. –A review of 84 studies show that Democratic judges are more liberal than Republican judges.

Judicial Review –The power of the federal courts to declare laws or executive actions void and unenforceable if they are judged to be in conflict with the Constitution –Established with “Marbury v Madison” –Since 1789 the Supreme Court has declared over 160 federal laws unconstitutional –The chief weapon the Supreme Court has in Checks and Balances

The Supreme Court protects and interprets the Constitution

"I'm confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress," President Obama

Jurisdiction of Federal Courts We have a dual court system in the USA Both state and federal courts have jurisdiction over different types of cases Some cases can be tried in both or either – (Drugs are the best example)

Hearing a case Writ of Certiorari : A request to the Supreme court to hear a case Pronunciation –This is when 4 or more justices agree to hear a case petitioned to it. –They get around 7000 requests each year and hear about 100 cases –96% of all requests get turned down –How do they decide which cases to hear? If two or more federal courts have decided the same issue in different ways. If a state Supreme Court has ruled a state or federal law unconstitutional Other reason

Supreme Court in action In session 36 weeks a year (October – June) Lawyers file a brief –A document filed by lawyers that outline the case, precedents, etc. –Justices read this prior to hearing oral arguments Oral arguments –Court hears oral arguments Monday- Wednesday mornings –Lawyers typically have a 30 minutes to present their case and answer questions

“amicus curiae” (Friend of the Court) –PronunciationPronunciation –A written brief or oral argument by a person or party not directly related to the case. –Both parties and the court must grant permission Each Friday the justices meet in their conference room and debate the cases heard that week. The chief justice speaks first followed by the others in order of seniority They will then vote traditionally in the opposite order It takes a majority ruling. If it ends in a tie the lower courts ruling stands

Majority opinion Dissenting opinion Concurring opinion Precedents –Case that sets standard for future similar cases –This gives the court consistency and guidance Stare decisis (Let the decision stand), it is the main principal for precedents. Pronunciation Remedy –A judicial order setting forth what must be done to correct a situation

Marbury v. Madison (1803) Arguably the most important case ever decided by the Supreme Court. the first U.S. Supreme Court case to apply the principle of "judicial review" -- the power of federal courts to void acts of Congress in conflict with the Constitution

Checks on the Judicial System A judge doesn’t have a police force or army Impeachment –17 federal judges have been impeached (5 convicted) and 10 others stepped down when it looked like they would be impeached. President appoint and Senate confirms. (Updated) Congress can alter the number of judges on the Supreme Court and create other courts Congress can try to change the Constitution to allow what court refused (Income tax) Re-pass a law with minor changes

Public opinion of the court Supreme Court approval rating Obama approval rating Congress approval rating The court must be aware of popular opinion –If they make very unpopular decisions they risk that people will simply disregard them –If they know they have popular opinion they may take a more activist stance.

impeachments

How is the Supreme Court kept in check? How judges get their positions Impeachment Constitutional Amendments News laws with minor adjustments Number of judges is set by Congress