Civics Agenda 1/27/17 The Judicial Branch Activity: Notes Discussion Analyzing Court Materials

Warm Up Discussion What powers are given to the Judicial Branch in the Constitution? Why is an “independent judiciary” necessary? What constitutional provisions assure this independence?

The Judicial Branch The Court System

Structure of the Courts What does the Constitution say in Article III? Provides for Supreme Court Specifies jurisdiction Provides details regarding juries/treason No mention of court structure…

Structure of the Courts In Article I, sec. 8 (delegated powers)… “Congress shall have the power to constitute tribunals inferior to the Supreme Court.” (Structure is then created by Judiciary Act of 1789)

Limited deals with select topics (traffic court) General deals with a variety of cases (more serious crimes or civil cases)

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

Courts of Appeal Intermediate level in the federal system 12 regional “circuit” courts, including D.C. Circuit No original jurisdiction; strictly appellate 3 judges, no jury

Supreme Court Highest court in the federal system Nine Justices, meeting in Washington D.C. Currently eight Justices Appeals jurisdiction through certiorari process (written order) Limited original jurisdiction over some cases

Delivering Opinions Majority Concurring Dissenting Requires simple majority If it’s a tie it dies Writing of the “Opinion" (assigned by Chief) Majority Concurring Dissenting On the record to protest the majority Over 200 times a dissenting opinion has been used to help overturn a previous opinion

Judicial Implementation The opinion gets “remanded” to lower courts “No Teeth”…enforcement is slow Supreme Court depends on executive and legislative branches to carry out their rulings. Example? Brown v. Board of Education, 1954 “All deliberate speed…”

Phases of Confirmation Official Nomination Senate Judiciary Committee hearings (“vetting process”) Full Senate debate & vote

Factors Affecting Confirmation President’s popularity Make up of the Senate Time remaining in a President’s term Demographics of candidate Overall competence “Paper Trail” which can reflect ideology Judicial temperament (activism vs. restraint) Stance on “stare decisis” Stare decisis = precedent

Current Issues Merrick Garland

Activity: Analyzing Court Materials Identifying evidence What does this teach us about the justice system? (15+10 for discussion)

Debrief On a separate sheet of paper… Why do different courts play different roles in the judicial branch? What safeguards are built into the organization of the U.S. court system to ensure justice? How effective do you think the U.S. court system is in ensuring justice?