The Federal Judiciary

Strict or Loose? A judge believes that at the time the Constitution was written, the death penalty was an accepted form of punishment, therefore it is not cruel and unusual punishment. A judge believes that most American’s today believe executing children under the age of 18 for crimes is not appropriate, she therefore deems the death penalty as cruel and unusual punishment for children

Strict or Loose? A judge believes that semi-automatic weapons are weapons of war and ordinary citizens should not be allowed to own them. A judge believes that because the right to bear arms is in the Constitution, then no restrictions should be made on gun ownership.

Powers of the Supreme Court Jurisdiction – power to hear certain types of court cases Original Jurisdiction – power to hear a case for the 1st time Limited types: Ambassadors, Cases against U.S. Govt, State Suing State Appellate Jurisdiction – power of a court to review decisions and change outcomes of decisions of lower courts Only 100/year

Powers of the Supreme Court Power of Judicial Review “Super” Power to decide whether a law or action is Unconstitutional Basic Principal? Checks and Balances = importance of Review Importance: Checks and Balances – Congress can’t pass a law, President can’t write an Executive Order without a check by the Supreme Court to make sure it doesn’t violate the Constitution Marbury vs. Madison – case that gave Supreme Ct. Power of Judicial Review

Federal Court System Supreme Court – only 1 Highest court in federal system Nine Justices Appeals jurisdiction Limited Original Jurisdiction

Federal Court System Courts of Appeals/District Circuit Courts Intermediate level in federal Court System 12 Regional Circuit Courts, Including D.C. No Original Jurisdiction, strictly appellate

Circuit Courts 12

District Courts Lowest level in the federal system 94 judicial districts in 50 states and territories No appellate jurisdiction Original jurisdiction over most cases

Judicial Independence Appointed for life – subject to “good behavior” Compensation can’t change Purpose: to insure that Justices are free from direct political pressure

Appointment Process Appointed by? Confirmed by? Which basic principle? President Confirmed by? Senate confirms with 2/3 vote Which basic principle? Checks and Balances

Qualifications President’s Choice . . . So anybody Lower court judges State S.C. judges Leading Attorneys Leading Law professors President’s Political Party – Why? Democrats – loose interpretation Republican’s – strict interpretation

Due Process Due Process: Intent: Found - Bill of Rights The rules and procedures that all government officials (police, lawyers, judges, any public official) must follow to make sure an individual is treated fairly in a legal situation Intent: Founding fathers wanted to insure that government didn’t abuse its power Protect individual rights Found - Bill of Rights 4th, 5th, 6th Amendments or court cases Landmark 4th Amendment Cases: Mapp v. Ohio, Terry v. Ohio, New Jersey v. TLO, Kyllo v. United States Landmark 5th Amendment – Miranda vs. Arizona Landmark 6th Amendment – Gideon v. Wainright, Miranda v. Arizona