THE ROLE THE FEDERAL COURTS The Judicial Branch THE ROLE THE FEDERAL COURTS

What Courts Do solve matters involves laws created by legislature criminal law: is person(s) innocent or guilty? civil law: settles disagreement The Parties in Conflict Civil case Plaintiff – brings case (complaint) to court Defendant – answers or defends himself in court Criminal case Prosecution (“The People”)– government body that brings a criminal charge against the defendant Ex. The People of the State of Michigan vs. Mrs. Jennifer Leuneberg (State of Michigan vs. Leuneberg)

The Members of the Court Judge – applies law, directs court proceedings (must remain neutral) Jury – decides the facts of the case (guaranteed by Constitution)

Interpreting the Law What does the law mean? Is it allowed by the Constitution? Can have broad effects! SET A PRECEDENT – makes the meaning of law or Constitution clearer Ex. Brown vs. Board of Education (1954) made all segregation laws unconstitutional.

State & Federal Courts most cases begin in state courts, broad cases may skip ahead to federal courts Original jurisdiction – the court to which a case first goes Can appeal – ask a higher court to review the decision Appellate jurisdiction – court that hears the appeal Affirm Let previous decision stand Reverse lower court’s decision State Level: Trial courts Appeals courts Court of final appeals

Cases Heard by Federal Courts Cases involving federal laws and issues beyond the authority of individual states. Cases appealed from state supreme courts

THE ORGANIZATION OF FEDERAL COURTS Article III

Organization of Federal Courts Judiciary Act (1789) – created district courts and courts of appeals

The District Courts each state has at least one some states may have more each district has between 1 and 28 judges courts of original jurisdiction

The Court of Appeals 12 in U.S. Moves up from district courts Takes cases from geographic area known as circuit No jury, no witnesses, no evidence Only arguments heard by a panel of 3 judges CLICK HERE FOR 6TH DISTRICT COURT OF APPEALS Location: Cincinnati, Ohio

The Supreme Court highest court in the land Major purpose – final court of appeals Original jurisdiction in cases involving representatives of foreign governments disputes between state governments

Special Federal Courts Courts of Federal Claims Court of Customs & Patents Appeals U.S. Court of International Trade Bankruptcy Court Tax Court U.S. Court of Federal Claims (right) U.S. Tax Court (below)

Judges Federal Court Judges must be impartial (favor neither one party or the other) clarify laws appointed by President; confirmed by Senate Nine Supreme Court Justices – Homework??? Roberts Court (2011)

THE SUPREME COURT

Judicial Review the power to overturn any law which the Court decides is in conflict with the Constitution. (the final say!) Marbury vs. Madison (1803) William Marbury sues James Madison, Secretary of State (wants job promised by former President James Madison) Case directly to Supreme Court (Judiciary Act 1789 & original jurisdiction) Marbury (left) and Madison (right) Justice Marshall delivered the opinion (below)

Judicial Review Courts opinion: Supreme Court only has appellate jurisdiction Marbury’s case is unconstitutional Justice John Marshall: Because they uphold the law, they can also declare a law unconstitutional Gives the Supreme Court great power!

The Justices - Nine high moral standards, knowledge of the law, the Constitution, and American history no Constitutional qualifications Appointed by President; approved by Senate 112 Supreme Court justices All but six have been white men

Most Recent: Elena Kagan In 2010, President Barack Obama nominated Elena Kagan for appointment to the U.S. Supreme Court to replace retired Justice John Paul Stevens. Her nomination was confirmed by the United States Senate in August 2010 by a vote of 63-37.

The Work of the Supreme Court Selecting Cases Appeals from federal/state courts Hear it or let lower court’s decision stand Hearing Arguments Each side submits a written argument Each side (attorney) presents oral argument (1/2 hour only) Justices often ask questions during this time

The Work of the Supreme Court Making a Decision Chief Justice leads meeting regarding case; offers opinion Comments and vote Can change vote during opinion-writing

The Work of the Supreme Court Writing Opinions Opinion – explain decision (show how law is applied or how Constitution is interpreted) Majority opinion – winning side (author assigned by Chief Justice if he/she is in the majority) Concurring opinion – agree with decision, but for different reasons Dissenting opinion – written by those who disagree with decision

Influences on Decision Making Consider past decisions and all precedents What was the intention of the lawmakers? Try not to let personal values/beliefs interfere Appointed by President (usually represent his values)

A Changing Court Since 1950s the Court has had three personalities The “Warren Court” (1953-1969) Chief Justice Earl Warren Miranda v. Arizona Judicial activism – effort by judges to take an active role in policy-making (by often overturning past decisions) (Above) The Warren Court (Right) Ernesto Miranda

A Changing Court The “Burger Court” (1969-1986) The Burger Court (left) Norma McCorvey, a.k.a. Jane Roe in 2001 (right) The “Burger Court” (1969-1986) Chief Justice Warren Burger Judicial restraint – effort by judges to avoid overturning laws and to leave policy-making up to legislatures/executive Was responsible, however, for Roe v. Wade

A Changing Court The “Rehnquist Court” (1969-2005) Limited federal government over states The “Roberts Court” (2005-?) For what will it be known?

The Court and the Other Branches of Government The President’s Power Appoints justices – only when Justice dies/retires

The Court and the Other Branches of Government The Power of Congress Approves appointees Public opinion (example: Harriet Miers) Of 148 nominees, 30 have not been confirmed last close call: Clarence Thomas Can introduce/pass an amendment to overrule Supreme Court Decision Example: Dred Scott decision