Article Three- The Judiciary And Judicial Tangents

Federal Court System Created by Congress to check the Legislative and Executive Branches through Judicial Review Jurisdiction- The authority of a court to hear a case One (1) Supreme Court- 9 Justices- Final Appeals Court (99% Appellate Jurisdiction) Twelve (12) Circuit Court of Appeals- 3 Judges (Appellate Jurisdiction) Ninety-One (94) District Courts- 1 Judge- (Original Jurisdiction) All Judges appointed by the President and Confirmed by the Senate (Advise and Consent)

Federal Criminal and Civil Cases US Attorney (Justice Department)- Gather Evidence Due Process rights are followed in Criminal Cases 5th Amendment – Grand Jury Indictment 6th Amendment- Speedy Trial By Jury Civil Cases involve lawsuits- usually over rights Decisions in Both can be appealed to a higher court Higher Court can choose to take the case Supreme Court grants Certiorari when four Justices want to take the case- “Rule of Four.”

Landmark Rulings Marbury v. Madison (1803)- First time Judicial review is used and Executive Action is “Checked” McCullough v Maryland (1819)- Allows Congress to use its Implied/Inherent/Informal power under the necessary and proper clause. Gibbons v. Ogden (1824)- Allows congress to regulate Interstate Commerce.

Judicial Philosophies Judicial Activism Judicial Restraint Supreme Court can strike down laws and set Judicial precedent based on its interpretation of the Constituiton Brown v. Board of Ed (1954) Miranda v. Arizona (1965) Gideon v. Wainright (1966) Roe v. Wade (1973) Heller v. DC (2008) Strict Constructionist/ Originalist- Supreme Court should no set Judicial precedent based on its interpretation of the Constitution Dred Scott v. Sanford (1857) Plessy v. Ferguson (1896) Casey v Planned Parenthood (1992)

Judicial Vocabulary Stare Decisis- Courts let case law stand unless there is a compelling reason to overturn a previous decision Amicus Curiae- “Friend of the Court” brief that gives the Supreme Court an informed opinion of whata particular group thinks it should do Majority Opinion- The text of rationale for a Supreme Court decision. Concurring Opinion- The argument of a Justice who agrees with the decision, but has different logic for the case Dissenting Opinion- The text of the argument of a Justice who disagrees with a decision- could be used in future decisions as a rational for overturning the decision Solicitor General- Attorney for Justice Department who argues in favor of the United States in all Supreme Court cases.

Selecting a Supreme Court Justice Partisan- President wants a person of his/her own Party. If divided government, President must select a person palatable to the Senate, even if the majority is from a different party Litmus test- Some candidates will be disqualified because they do not pass a Litmus test: Examination of a Judge’s position on an important wedge issue. Age- Because of Life terms, a president can influence litigation for longer if he/she picks a young Justice. Race- Presidents have been under increased pressure to make the Supreme Court “look more like the rest of America” Gender- Recent Presidents have been looking to decrease the gender gap on the court. It is 6-3 right now (not counting Scalia being dead)

Robert Bork- 1987 Orginalist/Restraintist- Very Qualified

Getting “Borked” The Senate voted down Bork’s nomination, 42-58 It was the first time that a Supreme Court Justice had been voted down based on Politics and a Public Relations campaign designed to derail his nomination. Justice Anthony Kennedy was his replacement- currently the main Swing Vote on today’s court.

Clarence Thomas - 1992 Originalist/Restraintist – Selected by George H.W. Bush (Bush 41) African American Republican Hostile and scandalous hearings before the Senate Judiciary Committee. Joe Biden was the Chairman of the Committee at the time. Approved 52-48 after long, nasty hearings that hurt his reputation and credibility as a Justice