Chapter 15.4 The Federal Judiciary Article III Short “Judgment”

Article III Outline the cases to be decided by the Judicial Branch 2 types of jurisdiction

1 Cases involving: the “C” Federal law Disputes with foreign governments

2 Civil cases involving different states People or the states

Judicial Review Not in “C” The power to declare acts unconstitutional 1803 Marbury v Madison (established) Most important check on other branches

U.S. District Courts Where Federal Cases Begin 94 federal district courts 89 in US 5 in DC, PR & territories Original jurisdiction

US Appeals Court Where appeals end 13 appellate courts Page 277 Judged sit in panels of 3 to hear cases Review district court case for errors

Example Affirmative Action 1978 Bakke case 1992 Hopwood case 2003 Grutter case

Special Courts Tax law Trade law military tribunals

Federal Judges President appoints Senate confirms No qualifications in the “C’

Who? President chooses someone Submits nomination to Senate Senate Judiciary Committee approves (or not) Senate approves (or not)

Reality Senatorial Courtesy Unwritten “rule” Senator can block a nomination to a court in his home state Blue slip policy = opposition

Term For Life “During good behavior” Congress can fix terms for special court judges Removal = impeachment 7 of 13 impeached have been removed

15.5 The Supreme Court Court of Last Resort Now = 9 justices (6 M / 3 F) As of 2017: Total = 113 justices 109 male 4 female

Selection President nominates Senate Confirms Very involved Background check Judicial temperament Confirmation hearing

cases Several thousand cases / year Court hears 100-150 / year Has both original and appellate jurisdiction

how Few original jurisdiction cases Most come from appeals from lower courts Most common = writ of certiorari Writ = legal document “cert” = SC orders a case from lower court be brought for review 4 of the 9 must agree to hear case

?? What happens if it is denied? Lower court ruling stands If accepted……case is added to the docket

Then what? Both sides prepare legal briefs Amicus curiae brief can be filed by interest groups (importance to many) Oral Arguments are heard from both sides

Decision time Justices meet twice a week in conference to discuss cases Cases decided by majority vote Decisions uphold or overturn a lower court decision

Overturn? Case is sent back to lower court for further action Ex: new trial

Stare decisis Every decision serves a precedent for future cases Lower courts must honor decision “stand by things decided” Consistency

sometimes Court will overturn a previous ruling Make a new precedent EX: salute the flag…..don’t have to salute the flag

opinions Majority opinion = legal document stating reason for decision Dissenting opinion = reason why disagree with majority decision Concurring opinion = agree with majority but for different reason

Judicial Activism Court has the right and obligation to use its power of judicial review to overturn bad precedents and promote socially desired goals Liberal view Defender of civil and women's rights

Judicial Restraint Judicial review should be used sparingly, especially in controversial issues Conservative view Elected Representitives make social decisions not judges (unelected)

Check Who nominates a federal judge? Who confirms a federal judge? What is the term for a federal judge? How many federal districts are there? How many SC justices are there now? What is the term for a SC justice? The SC has both ___ & ____ jurisdiction