The Judicial Branch Unit 5

The Judicial Branch Article III of the Constitution established the Judicial Branch. The Supreme Court was the only court created by the Constitution. Congress created all other federal courts and decided on the # of judges for all federal courts (including the SCOTUS).

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

Things the President considers… Political Ideology Same party or ideology Balance court (race, religion, region, gender) Policies Will support policies of the President Judicial Experience Previous judicial experience and past case decisions

Things the President considers… Litmus test Ideological Purity test  not too liberal or conservative Key issues: Gay rights, abortion Acceptability How controversial? Will he/she uphold Constitution over personal beliefs?

The President & the SCOTUS President with the most SCOTUS appointments: FDR Presidents who never got the chance to appoint a Supreme Court justice: William henry Harrison Zachary Taylor Andrew Johnson Jimmy Carter

Meet your Supreme Court Justices

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

Noteworthy Justices

Sandra Day O’Connor 1st female justice Conservative to moderate 1981 – 2005 (nominated by Reagan, succeeded by Alito) Swing vote in many cases

Thurgood Marshall 1st African American justice Served by 1967-1991 Nominated by LBJ, succeeded by Thomas Lawyer for Brown v. BOE

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

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

The US Court System

Dual Court System Federal Courts State Courts

State Courts Highest state court/appeals (In Georgia, State Supreme Court) Lower state courts/trials (In Georgia, Superior courts then Intermediate Court of Appeals)

What cases do they hear? State courts handle cases involving: divorce and child custody matter probate and inheritance issues real estate questions, and juvenile matters most criminal cases, contract disputes, traffic violations, and personal injury cases

What cases do they hear? Federal courts hear cases involving: the constitutionality of a law cases involving the laws and treaties of the U.S. ambassadors and public ministers disputes between two or more states admiralty law bankruptcy cases.

U.S. Supreme Court State Courts State Supreme Courts Federal Courts U.S Courts of Appeals Intermediate Appeals Courts Trial Courts of General Jurisdiction U.S. District Courts Trial Courts of Limited Jurisdiction

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

What is Jurisdiction? The “authority” to hear a case

Jurisdiction Federal Court State Court Supreme Court Cases involving federal law Cases involving state law All cases

Types of Jurisdiction Exclusive Concurrent Original Appellate Only the federal court has the authority to hear a case; the state cannot. A federal or a state court can hear the case. The first court to hear a case. The Supreme Court has both original AND appellate jurisdiction. The court can only hear a case on appeal.

Original Authority to hear a case for the first time Trial

Appellate Higher court reviews decisions to see if justice was served by lower court decision No “trial” … panel of judges/justices

How does the Supreme Court decide cases? The SCOTUS has both original and appellate jurisdiction BUT most cases are appeals from lower courts. The SCOTUS is the court of last resort! SCOTUS clerk screen 9,000 to 10,000 petitions (writ of certiorari)

How does the Supreme Court decide cases? Writ of certiorari The party that lost an appeal in a lower court explains why the Supreme Court should hear the case. Justices meet weekly to discuss petitions

How does the Supreme Court decide cases? Four out of the nine justices must agree to hear the case. If not, the decision of the lower court stands. This is called the Rule of 4! Only about 75 cases are granted a year

Role of the Solicitor General Serves as the link between the executive branch and the judicial branch. Plays a key role in setting the Court’s agenda. Almost ½ the cases decided by the Supreme Court involve the federal government.

SCOTUS at work Solicitor General Handles all appeals on behalf of US government Controls case schedule 4th ranking member in Justice Department Current: Donald Verilli

Briefs Written statement arguing 1 side Relevant facts, legal principles, and precedents, as well as summary of lower court decisions “amicus curiae” = “friend of the court” Submits brief because they want their opinion heard (most are abortion/affirmative action) Not directly involved in the case Have an interest in the outcome of the case

Oral Arguments Lawyers have 30 minutes each to speak to justices & present their side of the case to the court. Emphasize major points of brief Judges normally interrupt to ask questions

Conference Justices meet in secret session to discuss and vote. Chief Justice presides. Each justice gives opinion. At least 6 of the 9 judges must be present to make a decision

Opinions After decision is made, justices write formal opinion Explains decisions and how they voted Issues of the case, precedents, guidelines for future cases Four types of opinions: Majority Concurring Minority/Dissenting Unanimous

Decisions of the SCOTUS Majority opinion – Chief justice (or senior justice in the majority) explains ruling Dissenting opinion – explains the argument of the minority Concurring opinion – agree with the majority opinion, but for a different reason Unanimous opinion- all justices agree with the opinion/ decision

Factors that Influence SCOTUS decisions Precedents/ existing laws stare decisis (let the decision stand) most SCOTUS cases are based on precedents from earlier cases Example: Baker v. Carr and Wesberry v. Sanders Sometimes precedents are overturned Example: Plessy v. Ferguson and Brown v. BOE

Factors that Influence SCOTUS decisions 2. Judicial Philosophy Judicial Activism or Restraint?

Factors that Influence SCOTUS decisions 3. Public Opinion Independent Branch Appointed for life Can’t decrease salary Control own schedule (writ of cert) Limited public access (no media, unless given permission) Still influenced though … Appointed and confirmed, so their decisions and ideology matter Constitution can be amended Congress can change jurisdiction Congress can change number of justices Justices can be impeached Sensitive to important issues of the nation (in other words, they’re human too!)

UNCONSTITUTIONAL! Judicial Review Marbury v. Madison Established judicial review The Supreme Court can declare acts of Congress….. UNCONSTITUTIONAL! Makes Supreme Court an independent and co-equal branch of government

Judicial Philosophies Judicial Activism (Liberal) Judicial Restraint (Conservative) “Legislating from the bench” Court should play active role in determining policies Loose interpretation of Constitution Should set precedents Court should avoid political and social questions Strict interpretation of Constitution Should not seek to set precedents

Criminal Justice System

Two Kinds of Disputes Criminal: a person is accused of breaking the law Example: murder Civil: between two people or groups Example: divorce, law suit

Two Parties Plaintiff: person bringing the complaint/ “wronged” party in civil case OR Prosecution: government charging accused person in criminal case VS. Defendant: person accused of breaking the law (criminal) or person accused of causing complaint (civil)

Vocabulary for Criminal Cases

Grand Jury A group of citizens who examine the evidence in a serious criminal case to decide whether a person accused of a crime should be indicted

Indictment Formal accusation of criminal behavior handed down by a grand jury; means the accused will be brought to trial

Arraignment Where person accused of crime is informed of charges and makes a plea of guilty or not guilty

Plea Bargain Agreement in which the defendant (accused) pleas guilty for a lesser charge or sentence

Restitution Offender pays victim for loses, damages or injuries resulting from a crime

Incarceration Imprisonment as punishment for a crime

Due Process The government cannot treat criminal suspects unfairly (you must be told about your charges and have right to a trial)

Miranda Rights Miranda v. Arizona in 1966- upholds due process and protects your rights during an arrest and interrogation Changed law enforcement policies & procedures nationwide

Types of Crimes Misdemeanor Felony Minor crime, typically punished by fine or less than one year in prison (petty theft, disturbing the peace, traffic violations) Serious crime punished by more than 1 year in prison (Grand theft, armed assault, murder)

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

Process in Criminal Justice Crime is committed Arrest Pre-Trial Grand Jury (if a major crime) Indictment Trial Possible Plea Bargain Arraignment Jury Selection Jury deliberation Sentencing Appeals Incarceration (Release after sentence is served or parole)

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”