The JUDICIAL BRANCH The Court System in the United States

Creation of a National Judiciary Article III, §1, of the Constitution provides that "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." The Supreme Court of the United States was created in accordance with this provision and by authority of the Judiciary Act of September 24, 1789 (1 Stat. 73). It was organized on February 2, Source:

Judicial Review Judicial Review is the power to interpret laws, to determine their meaning, and to settle disputes within the society. The power of Judicial Review was established by the Supreme Court with Marbury v. Madison. It makes the Supreme Court the final authority on the meaning of the Constitution.

Types of Law A Statutory law – law enacted by legislative body B. Common law – based on custom or court decision C. Constitutional law D. Administrative law- quasi judicial E. Criminal Law – plea bargains, public defenders, voluntary defenders, pro bono F. Civil Law – laws related to ordinary, private matters

Types of Courts A. Constitutional courts – Supreme Court, Courts of Appeals, the District Courts and the Court of International Trade B. Legislative courts – Congressional courts C. Civil/Criminal courts D. Original jurisdiction E. Appellate jurisdiction

The Supreme Court

The Federal Court System

Florida Court System

Selection of Federal Judges Senatorial Courtesy and Judicial Appointments: A. Senate Judiciary Committee B. race, party, sex C. ideology D. judicial activism/judicial restraint E. longevity, tenure F. “Litmus” test G. Judicial experience

Courts as Policymakers New Deal Era The Warren Court (1953 – 1969) The Burger Court (1969 – 1986) The Rehnquist and Roberts Courts (1986 – present)

Parties to Suits Plaintiff Defendant Appellant Appellee Types of Juries Grand Jury – Indictment Petit Jury – decides guilt or innocence

Appeal Procedure Petition of certiorari, request for Supreme Court review (approximately 10,000 requests) Discuss the list in conference, review denied in 98% of all requests Rule of four puts a case on the docket (approximately 100 cases per year) Preparation of briefs Oral argument Conference Opinion – majority, minority, dissenting, concurring Assignments of opinion – seniority/role of Chief Justice

Landmark Supreme Court Cases Brown v. Topeka Board of Education Engle v. Vitale Escobedo v. Illinois Gideon v. Wainwright Mapp v. Ohio Miranda v. Arizona Regents of the University of California v. Bakke Roe v. Wade Webster v. Reproductive Health Services Tinker v. DesMoines Miller v. California Swann v. Charlotte-Mecklenburg Board of Education (1971)

Civil Liberties Bill of Rights First Amendment  Establishment Clause – “Lemon Test,” Lemon v. Kurtzman  The Free Exercise Clause  Freedom of Expression Clear & Present Danger Test Symbolic Expression Obscene Material  Press

The Second Amendment – the “true” meaning? Fifth Amendment Sixth Amendment Eighth Amendment Ninth Amendment – Privacy The “Slavery” Amendments – 13 th, 14 th, 15th

Civil Rights Equality of Outcome v. Equality of Opportunity Barriers to Civil Rights – poll tax, racial segregation, separate-but-equal Civil Rights Movement: NAACP, Brown v. Topeka Board of Education, Martin Luther King, Jr. and Civil Disobedience, Malcolm X, the Black Panters Civil Rights Act of 1964 De Jure v. De Facto Segregation

Extension of Civil Rights Native Americans Women, 19 th Amendment, Equal Pay Act of 1963, and Title VII, Defeat of the ERA 1990 Americans with Disabilities Act Aegism The Gay Rights Movement Affirmative Action