The Role of the Courts

A. The Constitution on the Courts

Organization of the Constitution: Article I: Article II: Article III: Legislative Executive Judicial Courts = “least dangerous” branch

4 things to know from the Const.: 1) What do the courts do? “Judicial Power” Judicial Review? vested in a Supreme Court. any lower courts Congress may create.

2) Where do judges come from? President appoints. Senate must approve w/ simple majority vote. Qualifications?

3) How long do judges serve? During “good behavior.” Can be impeached & removed. (H  S. M.) (S  2/3) 3 ways a judge can leave the bench: 1) Imp. & Rem. 2) Die. * 3) Resign/Retire.

4) How many judges are there? Constitution is silent. Congress decides. 9 since the 1860s. FDR – “court packing” +1 for each justice 70 6 + 9 = 15

B. Structure of the Court System

“Dual System” of courts Federal Court System FEDERALISM State Court Systems National laws State laws

Federal Appeals Courts Federal Court System 1 S.C. Courts of Review 12 Federal Appeals Courts 90+ Trial Courts Federal District Courts Jury

State Court Systems To Fed. Courts State S.C. State Appeals Courts Trial Courts State District Courts Jury

C. How the Supreme Court Works

3 women 6 men

4 by Democrat Presidents 5 by Republican Presidents

1) Appeal 7500-10,000 cases appealed. 75-100 cases accepted. ≈1%

2) “Rule of Four” Writ of Certiorari.

Friends of the Court Briefs – Amicus Curiae. 3) Research Precedents – Stare Decisis. Friends of the Court Briefs – Amicus Curiae. Prepare questions.

4) Oral Argument 30 Minutes per side.

5) Conference Discussion and non-binding vote.

6) Opinion Writing Majority Opinion. Dissenting Opinion. Concurring Opinion.