The Judicial Branch The Judicial Branch

The Role of the Judicial Branch To interpret and define law Hear individual cases and decide how the law should apply Remember federalism – there are federal courts for federal law, and state courts for state laws!

Where Do the Courts’ Jurisdiction Come From? Article III of the Constitution creates “one supreme court, and such inferior courts” that Congress creates Thus, Congress creates the system underneath Supreme Court

3 Major Steps in the Federal System Courts Judges 1 Supreme Court 9 12 Court of Appeals 3 94 1 District Court

Jurisdiction Jurisdiction – the authority of a court to hear (try and decide on) a case 4 Types of Jurisdiction: 1. Exclusive Jurisdiction – only federal court has authority to hear, state court cannot 2. Concurrent Jurisdiction – federal or state court could hear

Jurisdiction 3. Original Jurisdiction – court is the first one to hear a case 4. Appellate Jurisdiction – court can only hear a case on appeal

Jurisdiction U.S. District Courts have original jurisdiction The Court of Appeals has appellate jurisdiction Supreme Court has both… sort of Original in cases affecting ambassadors, or a state suing another state (less than 1% of cases) Appellate in all other cases (over 99%)

The Supreme Court Death Retirement Impeached and Convicted All justices are nominated by the President and confirmed by the _______ Judges serve for ______ or until: 1. ____________ 2. ____________ 3. ____________ The Supreme Court interprets the laws set forth in the Constitution and can declare a law _______________ through the process of: _________ ___________. Senate life Death Retirement Impeached and Convicted unconstitutional Judicial Review                                                   

Appointment of Judges President nominates Senate Judiciary Committee interviews nominee Full Senate confirms the judge with a majority vote Obama nominating Elena Kagan for Supreme Court in 2010

Click here for video clip Elena Kagan takes questions from the Senate Judiciary Committee Click here for video clip

Click here for video clip Elena Kagan is confirmed by the full Senate Click here for video clip

Justice 4 LYF!!!!!!

Why???

Why Life Terms? Founding Fathers wanted an independent judiciary, free from political influence Judges are supposed to make decisions based on law, not popular opinion or pressure from elected officials (Congress and the President)

Check for Understanding The judicial branch is established in the Constitution’s A. Article I B. Article II C. Article III D. Bill of Rights

Check for Understanding Jurisdiction directly limits A. what sentence a judge may issue to a criminal defendant B. whether a jury will hear the trial or not C. who can be appointed to serve in the judicial branch D. whether a court can hear a particular case or not

Check for Understanding A typical federal case will be heard first in A. a state supreme court B. District Court C. the Court of Appeals D. U.S. Supreme Court

Check for Understanding All of the following play a role in selecting new federal judges and Supreme Court justices EXCEPT A. the President B. the current Supreme Court justices C. the Senate Judiciary Committee D. the full Senate

Check for Understanding The term of a federal judge is set by the Constitution as A. 10 years B. 15 years C. 20 years D. lifetime, or “during good behavior”

District Court District Court is the first trial for the vast majority of federal cases 94 Districts divided geographically Hears both criminal and civil cases

Process of a Criminal Case U.S. attorney gathers up all the evidence against the suspect Presents it to a grand jury, 16 to 23 people who decide whether there is enough evidence to indict the suspect If they vote to indict, trial begins with a new jury

Process of a Criminal Case If you lose your trial, you have the option to appeal to a higher court

Process of a Criminal Case Higher courts have the option to overturn or modify lower court decisions

Process of a Criminal Case The higher court does not have to hear your case, they will only take it if there is a significant problem with the lower court decision

Supreme Court The “Court of Last Resort” – highest court in the country, whose rulings are final in all jurisdiction Has final power of judicial review

Judicial Review Judicial Review – the power to declare acts of government unconstitutional All comes from the case of Marbury v. Madison

Judicial Review is the way the court can _____on the Legislative and Executive Branches to make sure they don’t stray too far from the intent of the ___________. This means the ___________ can review and ________ decisions made by ________ and __________. (even actions of the President) check Constitution Supreme Court overturn Congress Lower courts

If the Court decides to review a ______ Usually the Supreme Court will decide with previous _________ or decisions, unless an _____________ arises to depart from past decisions. If the Court decides to review a ______ this will become known as a _________ _______. A majority of ___ judges is needed to make a decision. precedents urgent reason case Landmark Decision 6

Another Route to Supreme Court Federal Courts Supreme Court State Courts Arizona Supreme Court Court of Appeals Arizona Court of Appeals District Court Superior Court

How a Case Reaches Supreme Court Court will issue a writ of certiorari (acceptance of a case) if 4 of the 9 justices wish to hear it Called the “Rule of 4” Or, court will issue a certificate if a lower court says they don’t know how to decide on it

Trial Process at Supreme Court Trial does not function like principal trial courts No “evidence” presented, or witnesses questioned, etc. Rather, one attorney for each side presents his arguments for 30 minutes, while being questioned by justices No cameras are allowed in Supreme Court during arguments, so artists rendering like these are used to show what happened Last Week Tonight created a solution… dog footage to use as a replacement (click here)

Trial Process at Supreme Court Once arguments are over, justices will write opinions on the case, and each justice chooses which opinion to sign his/her name to Majority Opinion – final decision on the case, signed by at least 5 justices Becomes precedent for how future similar cases should be decided

Trial Process at Supreme Court Dissenting Opinion – written by any justice who disagrees with the majority It’s important because it can become the logic for a future group of justices to overturn this decision

Trial Process at Supreme Court Concurring Opinion – written by a justice who votes with the majority, but disagrees with their reasoning as to why If a justice has a conflict of interest in a case, he/she may recuse himself (stay off of the case)

Most Important Historical Cases Marbury v. Madison (1803) – established precedent of judicial review McCulloch v. Maryland (1819) – allowed Congress to use implied powers under “necessary and proper clause” Gibbons v. Ogden (1824) – allowed Congress to regulate all commercial interactions under “commerce clause”

Most Important Historical Cases Dred Scott v. Sanford (1857) – Slaves were not citizens; therefore property owner’s right must be protected Plessy v. Ferguson (1896) – said segregation was constitutional as long as both races had equal facilities Brown v. Board of Education (1954) – overturned Plessy decision on the grounds that “separate is inherently unequal”

Current Supreme Court Justices Chief Justice John Roberts Appointed: Bush, 2005 Age: 60 Conservative

Current Supreme Court Justices Antonin Scalia Appointed: Reagan, 1986 Age: 79 (Deceased) Strong Conservative

Current Supreme Court Justices Anthony Kennedy Appointed: Reagan, 1988 Age: 78 Swing Vote (Usually Conservative)

Current Supreme Court Justices Clarence Thomas Appointed: GHW Bush, 1991 Age: 66 Strong Conservative

Current Supreme Court Justices Ruth Bader Ginsburg Appointed: Clinton, 1993 Age: 79 Strong Liberal

Current Supreme Court Justices Stephen Breyer Appointed: Clinton, 1994 Age: 76 Strong Liberal

Current Supreme Court Justices Samuel Alito Appointed: GW Bush, 2006 Age: 64 Conservative

Current Supreme Court Justices Sonia Sotomayor Appointed: Obama, 2009 Age: 60 Strong Liberal

Current Supreme Court Justices Elena Kagan Appointed: Obama, 2010 Age: 54 Liberal