American Government AP Text Chapter 9 The Judicial Branch American Government AP Text Chapter 9

Article III of the Constitution The Founding Fathers spent little time writing Article 3—believed that the Judicial branch would pose little threat of tyranny Unlike how they felt in regards to the other two branches Hamilton suggested that it would be the least dangerous branch Felt that the federal courts would be above the “fray of politics” Anti-Federalists disagreed: Objected to life tenure of judiciary members (supported by Federalists because they felt it would keep them away from politics) Feared that the Supreme Court would have too much power because they would interpret the “supreme law of the land”

In what ways is the Judicial Branch political today? Elected presidents nominate judges to federal courts and justices to the Supreme Court (often to advance their personal politics) Elected senators confirm or decline to confirm nominees Case selection (what gets heard) is often political—Interest groups seek out test cases to advance policies

The Compromise Left the final choice to Congress: Article 3 says: Judicial power in “one supreme court” Congress has the power to establish inferior courts Section 2 specifies the Court’s original and appellate jurisdiction (more on this later) Section 3 discusses treason against the U.S. Power NOT given in the Constitution was Judicial Review—this came along in 1803 with Marbury v. Madison case.

State vs. Federal Court Systems State Courts: Hear the majority of cases/legal disputes Criminal and civil cases heard at this level Federal Courts: Have the jurisdiction to hear and decide on 8 specific areas of the law JURISDICTION: The authority to hear and decide a case

1. The Constitution If a person feels that a Constitutional right has been violated, it will be heard in a Federal court Example: You feel as if your right to Freedom of Speech has been violated.

2. Federal Laws Federal crimes such as tax evasion, kidnapping, bank robbery, and civil cases involving federal laws are also heard in Federal court

3. Admiralty and Maritime Laws Crimes and accidents that happen on the high seas or related to the seas are heard in Federal Court. Example: Elian Gonzales or dispute over riches found on sunken ship off coast of South Carolina

4. Dispute in which the U.S. Government is involved Government can take people or companies to court, people or companies can take government to court Example: Bill Gates, Microsoft or A government vehicle hits you in a traffic accident and causes injuries

5. Controversies between states Any disagreement between states, the states can ask the federal courts to settle the matter Example: border issues

6. Controversies between citizens of different states If a person in Minnesota cheats someone in Iowa, the case can be heard in a Federal Court. The case must involve $50,000 though!

7. Disputes involving foreign governments In any dispute between a foreign country and the United States government, an American company, or an American citizen, the case will be heard in a federal court

8. United States ambassadors, ministers, and consuls serving in foreign countries If a diplomat is assigned to the U.S. Embassy in Moscow, and he/she is accused of breaking an American law, the case may be heard in Federal courts

The Judiciary Act of 1789 Created three-tier structure of the Federal Court system Set size of S.C. at 6 members 1891—Circuit Courts became exclusively appellate courts Federal Court System Structure Supreme Court Appeals (Circuit) Courts District (Trial) Courts

3 Tier System of Federal Courts

District Courts Only federal courts in which jury trials are held Federal courts where trials are held and lawsuits begin By 2003, 94 Federal District Courts 290,167 cases heard per year Each federal judicial district has a U.S. attorney, who is nominated by the president and confirmed by the Senate

The Courts of Appeals Losing party in a case heard can appeal to the court of appeals. Present structure (and ability to only hear cases on appeal) comes from the Judiciary Act of 1891 13 courts (11 numbered circuits, a D.C. court involving regulatory commissions and agencies, and a claims against the government court) Hear 40,410 cases a year Hear cases in 3 judge panels Once heard, no longer automatic right to appeal—Supreme court is very selective (Judiciary Act of 1925)

Court of Appeals

How do they rule? 3 Ways to rule: 1. Uphold lower court’s verdict They rule only on whether or not the defendant’s rights have been protected and on whether he/she received a fair trial Precedent: prior judicial decision that serves a rule for settling cases of a similar nature 3 Ways to rule: 1. Uphold lower court’s verdict 2. Overturn lower court’s verdict 3. Remand or return to lower court for a new trial

The Supreme Court Reviews cases from the U.S. courts of appeals and state supreme courts Acts as final interpreter of the U.S. Constitution Since 1869, the court has had 8 associate justices and 1 chief justice Hears 80-90 cases per year

Prestige of the Court At first, a quorum of judges failed to show up to the first meeting of the Supreme Court Only decided one major case One associate justice of the court actually stepped down to become a state Supreme Court member Hampered by frequent changes in personnel, limited space for its operations, no clerical support, and no system of reporting its decision

The Marshall Court Brought respect to the courts Insisted on delivering a single opinion of the court Claimed “Judicial Review” for the courts Established authority over the states

What is Judicial Review? Power of the court to review acts of other branches of government and the states Can declare these acts unconstitutional Marbury v. Madison: Immediate effect limited power of the courts (said they could not issue writs and that this power was inconsistent with the Constitution) Because they turned to the courts, allowed Judicial Review to begin—gave the courts exclusive power to interpret the Constitution Has been used 140 times to strikes down acts of Congress and 1200 times to strike down acts in the state legislatures

Key Terms Jurisdiction: the authority to hear and decide the issues in a case Original Jurisdiction: authority to hear cases for the first time in the trial courts Appellate Jurisdiction: the power to hear a case on review—a case that is already heard Criminal vs. Civil law

We’re Adjourned!!