According to a June 2010 Survey by FindLaw.com 2/3 of Americans could not name a single member of the Supreme Court More people knew who sang Thriller and Billie Jean than what was included in the Bill of Rights

The Roberts Court, 2010 Top row (left to right):Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Bottom row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader GinsburgSonia SotomayorStephen G. BreyerSamuel A. AlitoElena KaganClarence ThomasAntonin Scalia Chief JusticeJohn G. RobertsAnthony KennedyRuth Bader Ginsburg

THE JUDICIAL BRANCH Note Guide 1

What does the Constitution Say About the Structure of the Judicial Branch? Not much! – People already had an idea of what a court should look like and do Article 3 mentions the Supreme Court – Gives Congress the power to establish lower courts as needed

The Judicial Branch Has 2 Functions 1.Settling conflict and disputes – Interpret the meaning of laws – Apply the law to an actual situation 2.Establish precedent – Sets guidelines for how future cases should be decided

Two Types of Legal Conflict Civil LawCriminal Law Conflicts between private parties Disputes, Accidents Government measures to protect the welfare of society and punish those who fail to comply Plaintiff v. Defendant Prosecutor (Government) v. Defendant Guilt based on a preponderance of the evidence more likely than not the defendant is at fault Guilt beyond a reasonable doubt No other reasonable explanation other than the accused did it Compensation ($$)Jail, Probation, Fines

Dual Court System There are TWO separate court systems in the US – The national courts (federal judiciary) with over 100 courts – EACH state has its OWN court system Most cases are heard in state courts

What is the difference between the courts? It depends on a court’s jurisdiction – The authority to hear and decide a case

Types of Jurisdiction Federal (Exclusive) Jurisdiction: Cases that only can be heard in federal court Federal laws & crimes Treaties & foreign countries Patents & copyrights Interstate & Foreign trade Disputes between states Habeas Corpus State Jurisdiction: Cases that only can be heard in state courts State crimes Traffic violations Divorce Child custody Contract disputes Worker’s injury Inheritance Concurrent Jurisdiction: Cases that can be heard in EITHER federal or state courts Federal/state crimes, civil rights, claims, US Constitution, environmental regulation, class-action

Types of Jurisdiction Original Jurisdiction – Power to hear a case for the FIRST time Appellate Jurisdiction – Power to hear and decide a case that has already been tried Look for errors made in lower courts

HOW IS OUR FEDERAL JUDICIARY (NATIONAL COURT SYSTEM) ORGANIZED?

Cases Heard in the Federal Courts Cases that involve The Constitution Federal laws Civil cases where plaintiff and defendant are from different states, citizens of different states

US District Courts US Supreme Court Organization of Federal Courts

District Courts Lowest level of courts Original jurisdiction – Cases start here 94 districts in 50 states and territories Judge with jury Named after former U.S. Senator Thomas F. Eagleton the United States courthouse is 29 stories tall, over a million square feet and the largest single courthouse in the country.

Court of Appeals Appellate jurisdiction only – Determine if district courts made an error in applying the law Panel of 3 Judges, no jury

Court of Appeals 12 th Circuit: Washington DC 13 th Circuit – by subject (veteran’s benefits, trade)

Supreme Court Highest court 9 Justices – no jury One court meets in Washington DC Original and Appellate Jurisdiction

Special Courts Established by Congress to deal with special cases Court of International Trade Court of Veterans Claims US Tax Courts Military Courts US Court of Appeals for the Armed Forces Alien Terrorist Removal Courts Foreign Surveillance Court Military Tribunals

How do You Become a Federal Judge?

No Constitutional qualifications!!! Term Hold office “during good behavior” = for life Until one dies, resigns, retires, removed 13 judges have been impeached; 7 removed

Supreme Court The Supreme Court is described as the court of last resort It is the highest court It has the final say

How is the SC organized? 9 Justices – 1 Chief Justice John Roberts Runs the court – 8 Associate Justices Appointed by the president – Approved by the Senate (2/3 vote) Term: Serve for life

The Roberts Court, 2010 Top row (left to right):Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Bottom row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader GinsburgSonia SotomayorStephen G. BreyerSamuel A. Alito Elena KaganClarence ThomasAntonin ScaliaChief JusticeJohn G. RobertsAnthony KennedyRuth Bader Ginsburg

How the Court Operates The court “sits” from October to June/July Alternates between hearing and deciding cases – 2 weeks hearing cases – 2 weeks deciding cases

Jurisdiction of Supreme Court Appellate Jurisdiction – Most cases come to SC on appeals from the Federal Appeals Court or state supreme courts Original Jurisdiction (1-2 cases per year) – Cases involving disputes between states – Cases brought against ambassadors

How does the SC Choose Its Cases? The party that lost the case at the appeals level will petition (ask) the SC to take its case Supreme Court issues a writ of certiorari – “to make certain” – Legal document ordering the lower court to send up the court record for review

Why is the Supreme Court So Powerful? Due to the power of judicial review Allows the Supreme Court to declare laws and actions unconstitutional Established by Marbury v Madison (1803)

The Players John Adams: Out- going president Thomas Jefferson: In-coming president James Madison: TJ’s Secretary of State William Marbury: Appointed Justice of the Peace by Adams John Marshall: Chief Justice of the SC

Changing the Constitution Delegates knew if the Constitution were to last, it would have to be able to change and adapt to new times and situations

Formal Amendment A formal amendment is a change to the Constitution in actual words 27 amendments to the Constitution

Step 1: Step 2: Proposal Ratification (suggestion) (approval) Proposed by Congress with a 2/3 vote of each house Proposed by a national convention called by Congress at the request of 2/3 of the state legislatures (34) Ratified by ¾ of the state legislatures (38) Ratified by 3/4 of states at ratifying conventions (38) Ratified by 3/4 of states at ratifying conventions (38) Most common is blue to red Only 21 st Amendment was blue to purple Green has never been done

Why do most proposals fail? Must have broad support within society to change the Constitution – 2/3 for proposal hard to achieve – 3/4 for ratification even more difficult

Equal Rights Amendment

Proposed Amendments of 111 th Congress Remove term limit for president Establish a balanced budget amendment Prohibit the desecration of the US flag Abolish the electoral college Repeal (cancel) the 16 th Amendment (income taxes) Set congressional term limits

Other Ways to Change the Constitution By interpretation How the words of the Constitution are read and understood. Examples of change through interpretation “We the People...” in the Preamble used to mean white, male land-owners over 21 years

Do you know... Criminal Law Precedent Civil Law Dual Court System Levels of Federal Judiciary Jurisdiction – Original vs. Appellate – Federal, State, Concurrent

Review Petition Writ of Certiorari Rule of Four Legal Brief Oral Arguments Conference Majority Opinion Dissenting Opinion Concurring Opinion Precedent Judicial Review Marbury v Madison Selecting a judge (process)