2. The Judicial Branch

3. The Role of the Judicial Branch To interpret and define law. To interpret and define law. This involves hearing individual cases and deciding how the law should apply. This involves hearing individual cases and deciding how the law should apply. Remember federalism – there are federal courts for federal law, and state courts for state laws! Remember federalism – there are federal courts for federal law, and state courts for state laws!

4. Where Do the Courts’ Jurisdiction Come From? Article III of the Constitution creates “one supreme court”, and such inferior courts” that Congress creates. Article III of the Constitution creates “one supreme court”, and such inferior courts” that Congress creates. Thus, Congress creates the system underneath Supreme Court. Thus, Congress creates the system underneath Supreme Court.

5. 3 Major Steps in the Federal System District Court Court of Appeals Supreme Court 941 123 1 9 CourtsJudges

6. Jurisdiction Jurisdiction – the authority of a court to hear (try and decide on) a case. Jurisdiction – the authority of a court to hear (try and decide on) a case. 4 Types of Jurisdiction: 4 Types of Jurisdiction: Exclusive Jurisdiction – only federal court has authority to hear, state court cannot. Exclusive Jurisdiction – only federal court has authority to hear, state court cannot.

7. Jurisdiction Concurrent Jurisdiction – federal or state court could hear. Concurrent Jurisdiction – federal or state court could hear. Original Jurisdiction – court is the first one to hear a case. Original Jurisdiction – court is the first one to hear a case. Appellate Jurisdiction – court can only hear a case on appeal. Appellate Jurisdiction – court can only hear a case on appeal.

8. Jurisdiction U.S. District Courts have original jurisdiction. U.S. District Courts have original jurisdiction. The Court of Appeals has appellate jurisdiction. The Court of Appeals has appellate jurisdiction. Supreme Court has both. Supreme Court has both.

9. Appointment of Judges President nominates someone to become a judge. President nominates someone to become a judge. Senate majority vote confirms. Senate majority vote confirms. Remember – Senatorial Courtesy! Remember – Senatorial Courtesy! Federal Judges serve for life. Federal Judges serve for life.

10. Why Life Terms? Founding Fathers wanted an independent judiciary. Founding Fathers wanted an independent judiciary.

11. District Court District Court is the principal trial court in the system (first trial for the vast majority of federal cases) District Court is the principal trial court in the system (first trial for the vast majority of federal cases) 94 Districts divided geographically 94 Districts divided geographically Hears both criminal and civil cases. Hears both criminal and civil cases.

12. Process of a Criminal Case U.S. attorney gathers up all the evidence against the defendant. U.S. attorney gathers up all the evidence against the defendant. Presents it to a grand jury, 16 to 23 people who decide whether there is enough evidence to indict. Presents it to a grand jury, 16 to 23 people who decide whether there is enough evidence to indict. If they vote to indict, trial begins with a new jury. If they vote to indict, trial begins with a new jury.

13. Process of a Criminal Case If a defendant lose the trial, they have the option to appeal to a higher court. If a defendant lose the trial, they have the option to appeal to a higher court. The higher court does not have to hear your case, they will only take it if there is a significant problem with the lower court decision. The higher court does not have to hear your case, they will only take it if there is a significant problem with the lower court decision. Higher courts have the option to overturn or modify lower court decisions. Higher courts have the option to overturn or modify lower court decisions.

14. Supreme Court The “Court of Last Resort” – highest court in the country The “Court of Last Resort” – highest court in the country Has power of judicial review Has power of judicial review

15. Judicial Review Judicial Review – the power to declare acts of government unconstitutional, thus eliminating them. Judicial Review – the power to declare acts of government unconstitutional, thus eliminating them. All comes from the case of Marbury v. Madison. All comes from the case of Marbury v. Madison.

16. Marbury v. Madison Jefferson was very upset. Jefferson ordered Madison not to deliver the commissions. Marbury, who was to be a judge, sued Madison.

17. Marbury v. Madison Adams had just lost to Jefferson in the election of 1800. Adams had just lost to Jefferson in the election of 1800. To preserve his legacy, Adams has Federalists in Congress create loads of new judgeships. To preserve his legacy, Adams has Federalists in Congress create loads of new judgeships. Adams appoints Federalist party members to all the new positions. Adams appoints Federalist party members to all the new positions.

18. Decision in Marbury v. Madison Judiciary Act of 1789 gave Supreme Court original jurisdiction in disputes about judgeships Judiciary Act of 1789 gave Supreme Court original jurisdiction in disputes about judgeships Article III of the Constitution gives Supreme Court appellate jurisdiction in those cases Article III of the Constitution gives Supreme Court appellate jurisdiction in those cases

19. Decision in Marbury v. Madison Therefore, Judiciary Act of 1789, and Marbury’s lawsuit are… Therefore, Judiciary Act of 1789, and Marbury’s lawsuit are… First time Supreme Court struck down an act of government as unconstitutional First time Supreme Court struck down an act of government as unconstitutional

20. Another Route to Supreme Court District Court Court of Appeals Supreme Court Georgia Supreme Court Georgia Court of Appeals Superior Court

21. How a Case Reaches the Supreme Court By writ of certiorari- an order to a lower court to send up a case record for review. By writ of certiorari- an order to a lower court to send up a case record for review. By certificate- lower court asks the Supreme Court (SC) to certify an answer to a matter in its case. By certificate- lower court asks the Supreme Court (SC) to certify an answer to a matter in its case. By origination-if a State or a diplomat is involved. By origination-if a State or a diplomat is involved. Most cases reach the SC on appeal some do originate there. Most cases reach the SC on appeal some do originate there.

22. Trial Process at Supreme Court Trial does not function like principal trial courts Trial does not function like principal trial courts No “evidence” presented, or witnesses questioned, etc. No “evidence” presented, or witnesses questioned, etc. Rather, one attorney for each side presents his arguments for 30 minutes, while being questioned by justices Rather, one attorney for each side presents his arguments for 30 minutes, while being questioned by justices

23. Trial Process at Supreme Court Once arguments are over, justices will write opinions on the case, and each justice chooses which opinion to sign his/her name to. Once arguments are over, justices will write opinions on the case, and each justice chooses which opinion to sign his/her name to. Majority Opinion – final decision on the case, signed by at least 5 justices. Majority Opinion – final decision on the case, signed by at least 5 justices. Becomes precedent for how future similar cases should be decided. Becomes precedent for how future similar cases should be decided.

24. Trial Process at Supreme Court Dissenting Opinion – written or signed by any justice who disagrees with the majority. Dissenting Opinion – written or signed by any justice who disagrees with the majority. It’s important because it can become the logic for a future group of justices to overturn this decision. It’s important because it can become the logic for a future group of justices to overturn this decision.

25. Trial Process at Supreme Court Concurring Opinion – written by a justice who votes with the majority, but disagrees with their reasoning as to why. Concurring Opinion – written by a justice who votes with the majority, but disagrees with their reasoning as to why. If a justice has a conflict of interest in a case, he/she may recuse himself (stay off of the case). If a justice has a conflict of interest in a case, he/she may recuse himself (stay off of the case).

26. Most Important Historical Cases Marbury v. Madison (1804) – established precedent of judicial review. Marbury v. Madison (1804) – established precedent of judicial review. McCulloch v. Maryland (1819) – allowed Congress to use implied powers under “necessary and proper clause”-State gov’ts can not tax the Federal gov’t McCulloch v. Maryland (1819) – allowed Congress to use implied powers under “necessary and proper clause”-State gov’ts can not tax the Federal gov’t Gibbons v. Ogden (1824) – allowed Congress to regulate all commercial interactions under “commerce clause”. Gibbons v. Ogden (1824) – allowed Congress to regulate all commercial interactions under “commerce clause”.

27. Most Important Historical Cases Dred Scott v. Sanford (1857) – people of African descent imported into the U.S. were not and could never be considered citizens (pushed U.S. closer to Civil War due to outcry after the case). Dred Scott v. Sanford (1857) – people of African descent imported into the U.S. were not and could never be considered citizens (pushed U.S. closer to Civil War due to outcry after the case). Plessy v. Ferguson (1896) – said segregation was constitutional as long as both races had equal facilities. Plessy v. Ferguson (1896) – said segregation was constitutional as long as both races had equal facilities. Brown v. Board of Education (1954) – overturned Plessey decision on the grounds that “separate is inherently unequal”. Brown v. Board of Education (1954) – overturned Plessey decision on the grounds that “separate is inherently unequal”.

28. Current Supreme Court Justices Chief Justice John Roberts Chief Justice John Roberts Appointed: Bush, 2005 Appointed: Bush, 2005 Age: 55 Age: 55 Conservative Conservative

29. Current Supreme Court Justices Antonin Scalia Antonin Scalia Appointed: Reagan, 1986 Appointed: Reagan, 1986 Age: 74 Age: 74 Strong Conservative Strong Conservative

30. Current Supreme Court Justices Anthony Kennedy Anthony Kennedy Appointed: Reagan, 1988 Appointed: Reagan, 1988 Age: 73 Age: 73 Swing Vote (Usually Conservative) Swing Vote (Usually Conservative)

31. Current Supreme Court Justices Clarence Thomas Clarence Thomas Appointed: Bush, 1991 Appointed: Bush, 1991 Age: 61 Age: 61 Strong Conservative Strong Conservative

32. Current Supreme Court Justices Ruth Bader Ginsburg Ruth Bader Ginsburg Appointed: Clinton, 1993 Appointed: Clinton, 1993 Age: 77 Age: 77 Strong Liberal Strong Liberal

33. Current Supreme Court Justices Stephen Breyer Stephen Breyer Appointed: Clinton, 1994 Appointed: Clinton, 1994 Age: 71 Age: 71 Liberal Liberal

34. Current Supreme Court Justices Samuel Alito Samuel Alito Appointed: Bush, 2006 Appointed: Bush, 2006 Age: 60 Age: 60 Conservative Conservative

35. Current Supreme Court Justices Sonia Sotomayor Sonia Sotomayor Appointed: Obama, 2009 Appointed: Obama, 2009 Age: 55 Age: 55 Strong Liberal Strong Liberal

36. Current Supreme Court Justices Elena Kagan Elena Kagan Appointed: Obama, 2010 Appointed: Obama, 2010 Age: 50 Age: 50 Liberal Liberal