The Judicial Branch Chapter 16 The Role of the Courts

Separation of Powers, Checks and Balances, and Federalism How does the judicial branch relate to the other branches of the national government? What is the relationship between the federal courts and the state governments?

The Federal Court System U.S. Supreme Court 13 Circuit Courts of Appeals = 12 Circuit Courts + the Court of Appeals for the Federal District (179 judges) 91 Federal District Courts + 3 district courts for the territories (over 680 judges total) Judges on these courts are federal judges. Who appoints them? Who approves the appointment? How long is their term?

Process for nomination and confirmation Vetting the candidates What will the President consider in nominating a judge? Senatorial Courtesy Nomination Senate Judiciary Committee holds hearings and recommends approval or not Senate votes on nomination – need a majority for confirmation Interest group involvement – “being Borked”

Constitutional v Legislative Courts Constitutional Courts – Legislative Courts – Ex. US Customs Court, US Court of Military Appeals

Original Jurisdiction What is original jurisdiction? Which of the federal courts have original jurisdiction? Types of cases heard by federal district courts: diversity of citizenship in cases worth $75,000 or more and federal criminal and civil cases Types of original jurisdiction for Supreme Court:

Appellate Jurisdiction What is appellate jurisdiction? Which of the federal courts have appellate jurisdiction?

What is the process the Supreme Court uses to accept cases? Over 8,000 cases are appealed to the U.S. Supreme Court every year. They accept 80 – 100. Appellants file petitions to ask the Supreme Court to hear a case. Petition for a writ of certiorari in forma pauperis petitions

The Supreme Court takes a case if They have jurisdiction – Is it a federal question (a justiciable dispute)? Timing is right Debate is over federalism There is a conflict in the courts of appeals Is the case of far reaching importance? Has the question already been decided? –Stare decisis

Who brings cases to the Supreme Court? States Individuals Interest Groups U.S. Gov.

Where do Supreme Court cases come from? Judicial systems of the 50 states and the territories 12 U.S. Circuit Courts of Appeals Legislative Courts like the Court of Customs, the Court of Patent Appeals, Court of Military Appeals Administrative Law court decisions from legislative courts through the Circuit Court of Appeals in D.C. (#13)

Conference and Oral Argument The Supreme Court justices meet in conference – Rule of 4 Oral argument is held The justices meet in conference again

Supreme Court decisions Affirmance by Necessity Types of Opinions: Majority Concurring Dissenting Plurality Per Curiam Supreme Court term: First Monday of Oct.-June 30

What influences a justice’s decision? Application of substantive due process procedural due process strict construction loose construction justice’s own background

Beliefs held by justices Judicial Restraint Judicial Activism Original Intent

Powers of the Supreme Court Judicial Review –Judiciary Act of 1789 –Marbury v. Madison Statutory Construction

Limits on the Supreme Court’s Power Judicial Implementation depends on the President the interpreting population the implementing population and the consumer population

Other Limitations Impeachment Amending the Constitution Altering the # of justices Congress can determine the jurisdiction of the courts

Terminology Quorum Swing vote Amicus curiae briefs Writ of Mandamus Justice Dept. - Attorney General –Solicitor General –U.S. Attorneys

Other legal terms Standing to sue Plea Bargaining Class Action Suits Litigation Litigants Common Law In division or en banc

Interest Groups and the Supreme Court Appointment and Confirmation process Litigation Amicus Curiae Briefs Is the Supreme Court influenced by public opinion?

Key Supreme Courts in U.S. History The Marshall Court The Warren Court The Rehnquist Court The Roberts Court? Is judicial power compatible with democracy?

The Current Supreme Court G R A S B S K (2) T