THE JUDICIARY (Article 3) ORGANIZATION ORGANIZATION SUPREME COURT SUPREME COURT Nominated by President Nominated by President Advise & consent of Senate Advise & consent of Senate Salary can’t be reduced Salary can’t be reduced Serve during “good behavior” Serve during “good behavior”

Inferior Courts Inferior Courts Appeals Courts--12 districts Appeals Courts--12 districts 3 Judge Panels 3 Judge Panels No Juries No Juries District Courts District Courts Single judge Single judge Juries Juries State Courts State Courts THE JUDICIARY (Article 3)

JURISDICTION Federal Courts Federal Courts Cases involving federal law Cases involving federal law Cases with Cases with U.S. Government U.S. Government Multiple states Multiple states Citizens of different states Citizens of different states

Supreme Court Supreme Court Original-- disputes between states Original-- disputes between states Appellate Appellate errors of law--facts not re-decided errors of law--facts not re-decided writ of certiorari requested writ of certiorari requested 4 justices must approve (90% denied) 4 justices must approve (90% denied) Criteria is the issue, not the person Criteria is the issue, not the person JURISDICTION

SUPREME COURT PROCEDURE 1st Monday in October 1st Monday in October Sequence Sequence Written briefs Written briefs Oral arguments and questioning Oral arguments and questioning Debate among justices Debate among justices

Opinions Opinions Assignment to write Assignment to write Chief Justice Chief Justice Senior justice on majority side Senior justice on majority side Majority Majority Concurring Concurring Dissenting Dissenting 5-4 decisions 5-4 decisions SUPREME COURT PROCEDURE

SELECTION OF JUDGES Inferior Courts--based on merit & politics Inferior Courts--based on merit & politics Supreme Court Supreme Court Most important legacy of a President Most important legacy of a President Steps Steps Long and short lists Long and short lists Investigation Investigation Hearings Hearings Criteria--merit, ideology, diversity Criteria--merit, ideology, diversity Sometimes there are surprises Sometimes there are surprises Earl Warren Earl Warren

Current Supreme Court Reagan Reagan Scalia (M) age 74 since 1986conserv Scalia (M) age 74 since 1986conserv Kennedy (M)age 74 since 1988swing Kennedy (M)age 74 since 1988swing Bush I Bush I Thomas (M) age 58 since 1991conserv Thomas (M) age 58 since 1991conserv Clinton Clinton Ginsburg (F)age 77 since 1993liberal Ginsburg (F)age 77 since 1993liberal Breyer (M)age 72 since 1994liberal Breyer (M)age 72 since 1994liberal Bush II Bush II Roberts (M)age 57 since 2005conserv Roberts (M)age 57 since 2005conserv Alito (M)age 63 since 2005 conserv Alito (M)age 63 since 2005 conserv Obama Obama Sotomayor (F)age 58since 2009liberal Sotomayor (F)age 58since 2009liberal Kagan (F)age 52 since 2010 liberal Kagan (F)age 52 since 2010 liberal

JUDICIAL REVIEW SC initially not an equal branch SC initially not an equal branch Un-elected Un-elected Lack of enforcement power Lack of enforcement power Chief Justice Marshall Chief Justice Marshall

Marbury v. Madison Marbury v. Madison Adams appointment of Marbury Adams appointment of Marbury Jefferson Refusal Jefferson Refusal Writ of Mandamous--command to perform (Judicial Act of 1789) Writ of Mandamous--command to perform (Judicial Act of 1789) Justice Marshall’s Dilemma Justice Marshall’s Dilemma Command Jefferson Command Jefferson Deny relief to Marbury Deny relief to Marbury JUDICIAL REVIEW

Marshall’s Solution Marshall’s Decision Marshall’s Decision Jefferson’s refusal illegal Jefferson’s refusal illegal No basis for Judicial Act of 1789 No basis for Judicial Act of 1789 Act unconstitutional Act unconstitutional

Marshall’s Argument Marshall’s Argument Constitution supreme Constitution supreme Acts contrary are void Acts contrary are void Court sworn to support Constitution Court sworn to support Constitution Courts interpret Constitution Courts interpret Constitution Court can review and void laws Court can review and void laws Marshall’s Solution

Results Results Court above politics Court above politics Judicial Review of Federal Laws Judicial Review of Federal Laws Judicial Review of State Laws Judicial Review of State Laws Approval of sale of loyalist lands by bribed Virginia legislature Approval of sale of loyalist lands by bribed Virginia legislature Reversal of decision by next legislature Reversal of decision by next legislature Reversal voided by Court--no law impairing contracts Reversal voided by Court--no law impairing contracts

HOW TO INTERPRET THE CONSTITUTION Original Intent Original Intent Judge based on principles Judge based on principles Popularity not a good decision rule Popularity not a good decision rule Words carefully chosen Words carefully chosen Status & stability to Constitution Status & stability to Constitution

Present Circumstances Present Circumstances How to determine original intent? How to determine original intent? Document was a compromise Document was a compromise Times have changed Times have changed HOW TO INTERPRET THE CONSTITUTION

The Supreme Court Today The Supreme Court Today Precedent Precedent Personalities Personalities Public Opinion Public Opinion HOW TO INTERPRET THE CONSTITUTION

2nd AMENDMENT “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” What does the 2nd Amendment mean? What does the 2nd Amendment mean?

Interpreting the Constitution Interpretation based on present day circumstances Interpretation based on present day circumstances Violence in society, new technology Violence in society, new technology Tradition of guns for defense & sport Tradition of guns for defense & sport

Based on Original Intent Based on Original Intent “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” Militias Militias vs. standing armies vs. standing armies well-regulated militia well-regulated militia Bear arms Bear arms Military phrase Military phrase 3rd Amendment: quartering 3rd Amendment: quartering People--term implies individuals People--term implies individuals Interpreting the Constitution

U.S. vs. Miller (1939) U.S. vs. Miller (1939) National Firearms Act National Firearms Act Sawed-off shotgun across state lines illegal Sawed-off shotgun across state lines illegal Miller convicted Miller convicted Contended Act unconstitutional under 2nd Amendment Contended Act unconstitutional under 2nd Amendment Supreme Court: Supreme Court: “No evidence that a sawed-off shotgun is needed for militias.” “No evidence that a sawed-off shotgun is needed for militias.” Upheld conviction Upheld conviction D.C. Decision (2008)—right to own firearms D.C. Decision (2008)—right to own firearms Chicago Decision (2010) Chicago Decision (2010) 2nd Amendment and the Court