Judicial Branch- The Courts Unit V

Role of the courts in American government Make policy Can undo work of representative institutions Judicial Activism or Judicial Restraint? Constitutional advocates? Bush v. Gore Citizens United v. FEC

Power on federal courts U.S. Constitution Articles I-VII Amendments 1-10 aka Bill of Rights Amendments Marbury v. Madison Judicial review Checks and Balances

Judicial review of state laws

Organization of Federal Courts today Each state pyramid

U.S. District Courts 94 Trial court Civil cases Criminal cases Most settle out of court

Federal Circuit Court of Appeals 12 regional courts 13th court

Federal court of appeals(cont.) Panel of 3 Opinion writing Stare decisis

Supreme Court Equal justice under the law while making justice the guardian of liberty Jurisdiction: original and appellate

Supreme Court (continued) Control over docket (rule of four) Solicitor general Amicus curiae brief Grant review Oral arguments Conference Judgment Chief Justice

COURT SYSTEM

How does a person become a judge? Nominations - Senate Judiciary committee Senatorial courtesy Political ideology Supreme Court Justices

SCOTUS

U.S. Supreme Court 2010

Supreme Court of the United States Supreme Court is the ultimate court of appeals in the United States. Usually this is determined by the rule of law or process..not the merit of the case. Their power to hear a case is discretionary and they do not have to give any reason for refusing to hear a case from their docket.

SCOTUS If the Supreme Court chooses to hear a case, the lower court ruling stands. If they chose to not a hear a case, they do not have to give any rationale for why why they have chosen not to hear the case..but sometimes they do.

Session First Monday of October each year and usually continues in session through June. Receives and disposes of approximately 5,000 cases a year. A) Subject matter is not proper. B) Subject matter is not sufficient to warrant a review of the full Court.

Session Cases are heard with all the Justices sitting together in open court. Each year the Supreme Court hears about 150 cases of national importance and 3/4ths of such decisions are announced in full published opinions. Majority, Concurring, and Dissenting Opinions

U.S. Supreme Court Located in back of the U.S. Capitol Building

U.S. Supreme Court

John G. Roberts, Jr. Chief Justice Born in 1955 (54) J.D. Harvard Law U.S. Court of Appeals for DC in 2003 (GWB) George W. Bush nominated him C.J in 2005 [78-22] Roman Catholic

Antonin Scalia Associate Justice Born in 1936 (73) LL.B Harvard U.S. Court of Appeals D.C. in 1982 (Reagan) Ronald Reagan nominated him in 1986 [98-0] Roman Catholic

Anthony M. Kennedy Associate Justice Born in 1936 (73) LL.B Harvard U.S. Court of Appeals 9th Circuit in 1975 (Ford) Ronald Reagan nominated him in 1988 [97-0] Roman Catholic

Clarence Thomas Associate Justice Born in 1948 (61) J.D. Yale U.S. Court of Appeals D.C. in 1980 (GHWB) George H.W. Bush nominated him in 1991 [52-48] Roman Catholic

Ruth Bader Ginsburg Associate Justice Born in 1933 (76) LL.B Columbia U.S. Court of Appeals D.C. in 1980 (Carter) Bill Clinton nominated her in 1993 [96-3] Jewish

Steven G. Breyer Associate Justice Born in 1938 (71) LL.B. Harvard U.S. Court of Appeals D.C. in 1980 (Carter) Bill Clinton nominated him in 1994 [87-9] Jewish

Samuel A. Alito, Jr. Associate Justice Born in 1950 (59) J.D. Yale U.S. Court of Appeals 3rd Circuit in 1990 (GHWB) George W. Bush nominated in 2006 [58-42] Roman Catholic

Sonia Sotomayor Associate Justice Born in 1954 (55) J.D. Yale U.S Court of Appeals 2nd Circuit in 1998 (Clinton) Barack Obama nominated in 2009 [68-31] Roman Catholic

Elena Kagan Associate Justice Born in 1960 (50) J.D. Harvard Initially appointed but not confirmed to U.S. Court of Appeals (D.C.) (Clinton) expired U.S Solicitor General of the U.S. (Obama) Barack Obama nominated in 2010 [63-37] Judaism

U.S. Supreme Court 2010 The Roberts Court, 2010 Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan.Sonia SotomayorStephen G. BreyerSamuel A. AlitoElena Kagan Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, andClarence ThomasAntonin ScaliaChief JusticeJohn G. RobertsAnthony Kennedy Ruth Bader Ginsburg

Justices of the Supreme Court Nine Justices led by a Chief Justice of the Supreme Court. His/her main duty is administrational and ceremonial. Nomination and confirmation can sometimes become very “political” Conservative, Moderate, Liberal Republican to Republican appointees Democrat to Democrat appointees Almost always…

Federal system 94 district courts: criminal and civil cases 13 appeals courts: appellate Justices - on for life 1 Supreme Court - Judicial review Marbury v. Madison

SCOTUS

Consequences of Judicial Decisions Others to implement its policies Longest legacy of U.S. President? John Paul Stevens appointed by Ford and recently resigned under Obama Liberal and Conservative Cycles

Judicial Branch Unit V