The Judicial Branch Presentation 2

The Role of the Judicial Branch To interpret and define law This involves hearing individual cases and deciding how the law should apply

Appointment of Federal Judges The Constitution stipulates that all federal judges are appointed by the President Supreme Court justices Court of Appeals judges District court judges

Appointment of Federal Judges President nominates someone to become a judge Senate majority vote confirms Judges serve for life

Why Life Terms? Founding Fathers wanted an independent judiciary Free from public or political pressure when deciding cases

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

Supreme Court Justices Antonin Scalia Appointed: Reagan, 1986 Strong Conservative DECEASED: NATURAL CAUSES

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

Supreme Court Justices Clarence Thomas Appointed: Bush, 1991 Strong Conservative

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

Supreme Court Justices Stephen Breyer Appointed: Clinton, 1994 Liberal

Supreme Court Justices Samuel Alito Appointed: Bush, 2006 Conservative

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

Supreme Court Justices Elena Kagan Appointed: Obama, 2010 Liberal

Supreme Court Justices Neil Gorsuch Appointed: Trump, 2017 Conservative Replacement for Justice Antonin Scalia

Organization of Federal Courts Judges 1 Supreme Court 9 13 Appellate Court 3 94 1 District Court

Supreme Court The “Court of Last Resort” – highest court in the country

Limitations on the Supreme Court Types of Cases Types of Issues Limited Control over Agenda No Enforcement Power Checks & Balances

Steps in Deciding Cases Submitting Briefs Brief- written statement setting forth legal arguments, relevant facts, and precedents supporting one side of a case Amicus curiae- “friend of the court” Not directly involved in the case Have an interest in the outcome

Steps in Deciding Cases Oral Arguments Each side gets 30 minutes to present their side of the case to the court Judges normally interrupt to ask questions

Steps in Deciding Cases Conference Justices meet on Wed and Fri to discuss cases they have heard No minutes are kept of the meetings Chief Justice gives a brief summary for each case and they all discuss it for about 30 minutes each At least 6 of the 9 judges must be present to make a decision

Early Days as Justices In early years, justices would be expected to go from town to town to hold court. It was known as riding the circuit

Four Major Categories of Crimes Personal Crimes Assault Battery False Imprisonment Kidnapping Homicide Rape/ Statutory Rape

Four Major Categories of Crimes Property Crimes Larceny (Theft) Robbery (also considered personal crime) Burglary Arson Embezzlement False Pretenses Receipt of Stolen Goods

Four Major Categories of Crimes Inchoate Crimes (incomplete crimes/ begun but were not completed) Attempt (any crime attempted) Solicitation Conspiracy

Four Major Categories of Crimes Statutory Crimes- violation of a specific state or federal statute can involve property or personal offenses Alcohol related crimes (DUI) Selling alcohol to a minor

Steps in a Civil Trial Process

Civil Trial Flow Chart

Landmark Cases Marbury v. Madison (1804) Established precedent of judicial review Cherokee Nation v Georgia (1831) SCOTUS denied to hear the case on appeal as the Cherokee were viewed as wards of the state and the Supreme Court held no jurisdiction One year later a new case would be decided

Landmark Cases Worcester v Georgia (1832) Cherokee Nation were deemed sovereign by Chief Justice John Marshall, and states could not pass laws against them Worcester was released by the state of GA After effects of the ruling: Andrew Jackson ignored the decision Cherokee were forced out in what would become known as the Trail of Tears 15,000 were forced out, and over 4,000 died on the journey to Oklahoma Territory

Landmark Cases Dred Scott v. Sanford (1857) Ruled that people of African descent imported into the U.S. were not and could never be considered citizens Would forever tie the issue of state’s rights to slavery Pushed U.S. closer to Civil War due to outcry after the case This case would eventually be overturned with the passing of the 14th Amendment

Landmark Cases Plessy v. Ferguson (1896) Ruled segregation was constitutional as long as both races had equal facilities Established the “separate but equal” doctrine Brown v. Board of Education (1954) Overturned Plessy decision on the grounds that “separate is inherently unequal”