The Judicial Branch

Copyright 2009 Pearson Education, Inc., Publishing as Longman Understanding the Federal Judiciary The Framers viewed the federal judiciary as an important check against Congress and the president But the judiciary has no influence over the other two houses of government

Copyright 2009 Pearson Education, Inc., Publishing as Longman Judicial Review The power of a court to refuse to enforce a law or government regulation that, in the opinion of the judges, conflicts with the U.S. Constitution or, in a state court, the state constitution Only a constitutional amendment or a later Supreme Court decision can modify the Court’s decisions

Copyright 2009 Pearson Education, Inc., Publishing as Longman Judicial Federalism: State and Federal Courts Dual court system Two court systems, state and federal, exist and operate at the same time in the same geographic areas

Supreme Court and Inferior Courts

Copyright 2009 Pearson Education, Inc., Publishing as Longman Inferior Courts Level One: U.S. District Courts (94) Principal trial courts in the Federal Court System District judges are appointed by the President, subject to confirmation by the Senate, and hold office for life Where majority of cases are tried

Copyright 2009 Pearson Education, Inc., Publishing as Longman Level Two: Circuit Courts of Appeals The 11 U.S. Judicial Circuits

Copyright 2009 Pearson Education, Inc., Publishing as Longman Level Three: The Supreme Court

Copyright 2009 Pearson Education, Inc., Publishing as Longman Senate Advice and Consent Senate Confirmation Hearings Except for Robert Bork, most judicial nominees have refused to answer questions that might reveal how they would decide a case

Copyright 2009 Pearson Education, Inc., Publishing as Longman Reform of the Selection Process The lengthy and embattled confirmation hearings of Robert Bork (1987) and Clarence Thomas (1991) led many to ask if the confirmation process was in need of reform

Federal Judge Appointments Same procedure the Constitution lays out for Supreme Court Judges Appointed for life (except for special courts) May be attorneys, law school professors, former members of Congress, State court judges

Copyright 2009 Pearson Education, Inc., Publishing as Longman Level Three: The Supreme Court

Federal Judge Appointments Same procedure the Constitution lays out for Supreme Court Judges Nominated by the President, Senate advice and consent required Appointed for life (except for special courts) May be attorneys, law school professors, former members of Congress, State court judges

Senate Advice and Consent Required by the U.S. Constitution for Supreme Court Nominations Senate Confirmation Hearings Held after a nomination is made by the President

Copyright 2009 Pearson Education, Inc., Publishing as Longman Types of Legal Disputes Criminal Law –Crimes against the public order –Liberty is at stake –Right to government- provided attorneys –Right to trial by jury Civil law –Relations between individuals, and their legal rights –Typically monetary punishment

Plaintiffs vs. Defendants Plaintiffs the person who files a law suit Defendants the person whom the complaint is against Civil suits of $75,000 or more are heard in district court

Other Important Judiciary Terms Probable Cause reasonable suspicion of a crime Miranda Rule The constitutional rights that police must read to a suspect prior to questioning Reprieve an official postponement of the execution of a sentence Pardon legal forgiveness of a crime

Appeals Courts Established by Congress in 1891 Relieve the Supreme Court of the burden of hearing appeals from district courts

Mabury v. Madison Supreme Court found that the Judiciary Act of 1789 was in conflict with the Constitution Established judicial review as a power of the Supreme Court