The Judicial Branch

What is Justice? Punishment? Deterrence? Corrections?

Legal Framework Article III Jurisdiction - The range of cases a court may hear. Original - the Supreme Court shall have original jurisdiction "in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party." Appellate.

Article VI (Supremacy Clause) - One of the most important parts of the Constitution. All laws. "made in pursuance thereof," and all treaties made "under the authority of the United States" are the "supreme law of the land.“ Judiciary Act of 1789 - Established a national judiciary (lower federal courts plus "federal questions" by state courts appealed to the Supreme Court.) Marbury v. Madison - Judicial Review, or the ability to rule a statute or executive action unconstitutional.

The American Legal System A. Statute Law - Law enacted by the Legislature. B. Common Law - Law created by judicial decisions. C. Equity Law - focuses on preventing wrongs that cannot be adequately compensated once they have been committed. (i.e. stopping a demonstration to prevent a riot). d. Criminal and Civil Law - Criminal involves prosecution by the state that could lead to jail, fine; Civil involves litigation by private parties.

Supreme Court Justices (9 members) Chief Justice John Roberts (2005-) Associate Justices Anthony M. Kennedy (1988-) Clarence Thomas (1991-) Ruth Bader Ginsburg (1993-) Steven G. Breyer (1994-) Samuel Anthony Alito (2006-) Sonya Sotomayor (2010-) Elena Kagan (2010-)

Supreme Court What does the Supreme Court Do? Routes to the Supreme Court Writ of Certiorari - approximately 7500 petitions are presented each year; between 80 and 150 are granted Right of Appeal In Forma Pauperis Petition – Granted to those unable to bear the cost of a hearing

Supreme Court Opinions Majority Concurring Dissenting

Selection and Removal Nominated by president, confirmed by Senate Impeachment or retirement

Nomination Considerations Ideological compatibility with President's views. Geography Gender, race, religion, class(?)

Senatorial Courtesy A practice that requires that the president appoint someone acceptable to the senators from the same party as the president to any district court vacancies in their state.

The Supreme Court in History The Marshall Court (1801-1835) - The protection of private property through support for strong national government. The Taney Court (1836-1864) - Focused on the question of state vs. national power. Dred Scott v. Sandford, 1857. Civil War and Reconstruction - The Supreme Court is overshadowed by the war and control of Congress by the Radical Republicans.

The Era of Corporate Power (1890-1937) - Supreme Court sympathetic to growth of corporate power, which pits the Court against FDR during the New Deal. The Warren Court (1953-1969) - Dominated by a liberal majority who interpreted the Constitution in favor of the disadvantaged (i.e. Brown v. Board of Education). The Burger and Rehnquist Courts (1969-2005) - Has worked to counterbalance the activist, nationalistic tendencies of the Warren Court. Also a refocus on use of state courts and other policy processes. The Roberts Court (2005-?)

Key Terms for Judicial Branch Amicus Curiae Briefs - Legal briefs submitted by a "friend of the court" for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. They are used to influence a court's decision. Opinion - A statement of legal reasoning behind a judicial decision. The content of an opinion may be as important as the decision itself.

Stare Decisis and Precedent - A Latin phrase meaning, "let the decision stand," meaning that an earlier decision should hold for the case being considered. The vast majority of cases reaching the courts are settled on this principle. (Note: Supreme Court has altered its own judgments, i.e. Plessy (1896) into Brown (1954)]. Precedent - How a similar case has been handled in the past. Original Intent - A view that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view.

Judicial Review - The power of the courts to hold acts of Congress, and by implication the executive, in violation of the Constitution (see, Marbury v. Madison) Judicial Activism - A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process.

Judicial Restraint - A judicial philosophy in which judges play minimal policymaking roles, leaving that strictly to the legislatures. Political Questions - A doctrine developed by the federal courts and used as a means to avoid deciding some cases, principally those involving conflicts between the president and Congress (example: War Powers Resolution of 1973).