1. Article Three- The Judiciary
And Judicial Tangents

2. Federal Court System
Created by Congress to check the Legislative and Executive Branches through Judicial Review
Jurisdiction- The authority of a court to hear a case
One (1) Supreme Court- 9 Justices- Final Appeals Court (99% Appellate Jurisdiction)
Twelve (12) Circuit Court of Appeals- 3 Judges (Appellate Jurisdiction)
Ninety-One (94) District Courts- 1 Judge- (Original Jurisdiction)
All Judges appointed by the President and Confirmed by the Senate (Advise and Consent)

5. Federal Criminal and Civil Cases
US Attorney (Justice Department)- Gather Evidence
Due Process rights are followed in Criminal Cases
5th Amendment – Grand Jury Indictment
6th Amendment- Speedy Trial By Jury
Civil Cases involve lawsuits- usually over rights
Decisions in Both can be appealed to a higher court
Higher Court can choose to take the case
Supreme Court grants Certiorari when four Justices want to take the case- “Rule of Four.”

6. Landmark Rulings
Marbury v. Madison (1803)- First time Judicial review is used and Executive Action is “Checked”
McCullough v Maryland (1819)- Allows Congress to use its Implied/Inherent/Informal power under the necessary and proper clause.
Gibbons v. Ogden (1824)- Allows congress to regulate Interstate Commerce.

7. Judicial Philosophies
Judicial Activism
Judicial Restraint
Supreme Court can strike down laws and set Judicial precedent based on its interpretation of the Constituiton
Brown v. Board of Ed (1954)
Miranda v. Arizona (1965)
Gideon v. Wainright (1966)
Roe v. Wade (1973)
Heller v. DC (2008)
Strict Constructionist/ Originalist- Supreme Court should no set Judicial precedent based on its interpretation of the Constitution
Dred Scott v. Sanford (1857)
Plessy v. Ferguson (1896)
Casey v Planned Parenthood (1992)

8. Judicial Vocabulary
Stare Decisis- Courts let case law stand unless there is a compelling reason to overturn a previous decision
Amicus Curiae- “Friend of the Court” brief that gives the Supreme Court an informed opinion of whata particular group thinks it should do
Majority Opinion- The text of rationale for a Supreme Court decision.
Concurring Opinion- The argument of a Justice who agrees with the decision, but has different logic for the case
Dissenting Opinion- The text of the argument of a Justice who disagrees with a decision- could be used in future decisions as a rational for overturning the decision
Solicitor General- Attorney for Justice Department who argues in favor of the United States in all Supreme Court cases.

9. Selecting a Supreme Court Justice
Partisan- President wants a person of his/her own Party.
If divided government, President must select a person palatable to the Senate, even if the majority is from a different party
Litmus test- Some candidates will be disqualified because they do not pass a Litmus test: Examination of a Judge’s position on an important wedge issue.
Age- Because of Life terms, a president can influence litigation for longer if he/she picks a young Justice.
Race- Presidents have been under increased pressure to make the Supreme Court “look more like the rest of America”
Gender- Recent Presidents have been looking to decrease the gender gap on the court. It is 6-3 right now (not counting Scalia being dead)

10. Robert Bork- 1987 Orginalist/Restraintist- Very Qualified

12. Getting “Borked” The Senate voted down Bork’s nomination, 42-58
It was the first time that a Supreme Court Justice had been voted down based on Politics and a Public Relations campaign designed to derail his nomination.
Justice Anthony Kennedy was his replacement- currently the main Swing Vote on today’s court.

13. Clarence Thomas
Originalist/Restraintist – Selected by George H.W. Bush (Bush 41)
African American Republican
Hostile and scandalous hearings before the Senate Judiciary Committee.
Joe Biden was the Chairman of the Committee at the time.
Approved after long, nasty hearings that hurt his reputation and credibility as a Justice