1. Chapters 11 and 12: The Judicial Branch

2. Essential Question:​ How does the Constitution define the federal courts, and how are the various courts related to one another?​
Objective: Analyze the structures, functions, and processes of the judicial branch as described in Article III of the Constitution.

3. Supreme Court Background
Article III of the Constitution establishes the federal judiciary. Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of This Act created a Supreme Court with six justices. It also established the lower federal court system.
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5. Powers of the Federal Courts
Initially the Supreme Courts played a minor role until 1801.
It has developed from custom, usage, and history.
Based on two early principles:
courts must wait on litigants (people engaged in a lawsuit) to come before them,
courts decide on cases involving conflicts between two or more people.

6. Developing Supreme Court
During his years on the Supreme Court ( ), Chief Justice John Marshall expanded the powers of the Supreme Court and of the federal government.
Historically, Supreme Court decisions have tended to reflect changing social conditions and the attitudes of the times.

7. Jurisdiction of Courts
Jurisdiction- the authority to hear cases.
US has a dual-system court system
States courts--power derive from state constitutions and laws, hear state cases.
Federal court system--Supreme Court system and lower federal courts established by Congress, hear cases involving US laws, treaties with foreign nation, interpreting the Constitution.
Concurrent jurisdiction--both federal and state have jurisdiction.
Original jurisdiction--the court in which the case is originally tried, a trial court.
Appellate jurisdiction--if case is lost in trial court, then in can be appeal in a court of appeals.

8. Developing Supreme Court Power
•In Marbury v. Madison (1803), Marshall established the principle of judicial review—the power of the Court to decide if actions taken by the other two branches of government are constitutional.
•In McCulloch v. Maryland (1819), the Marshall Court ruled that states could not interfere of legitimate national interests. (The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland.)
•The Gibbons v. Ogden decision (1824) defined the meaning of interstate commerce in broad terms that expanded congressional regulatory powers.

9. Developing Supreme Court Power
•Between 1835 and the Civil War, Court rulings emphasized states’ rights and the rights of citizens in an increasingly democratic society.
•The Dred Scott v. Sandford ruling (1857) damaged the reputation of the Court by declaring that enslaved African Americans could not be citizens and that Congress had no power to stop the spread of slavery.
•The Plessy v. Ferguson decision (1896) upheld segregation by declaring that “separate but equal” facilities were legal.
•Under Chief Justice Earl Warren (1953–1969), the Court emerged as a major force protecting civil liberties. For example, the Brown v. Board of Education of Topeka (1954) decision overturned the Plessy decision.
•Since then the Court has been more conservative but has not overturned any significant decisions of the Warren years.

10. Supreme Court Today
The Roberts Court, 2010 Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg

11. Lower Federal Courts
Article III of the Constitution gives Congress the authority to establish a network of lower courts.
In 1789 Congress created one federal court district for each state.
Today, there are 94 district courts as the population has grown and the caseload has multiplied.
District courts hear hundreds of thousands of cases each year.
In a civil case the parties may ask that a judge or a three-judge panel, rather than a jury, decide the case.
The courts use two types of juries in criminal cases:
Grand Jury, people, hears charges and decides if there is enough evidence to issue an indictment—a formal accusation charging a person with a crime.
After the indictment Petit Jury, (6-12 people) hear the case and make a ruling.

12. Lower Federal Courts! 12 judicial circuits, Appellate Courts
1 National Court of Appeals
6 Legislative Courts and their Functions

13. Lower Federal Courts!
In 1891, Congress created the appeals courts to ease the appellate workload of the Supreme Court.
Federal appeals courts hear nearly 55,000 cases a year, arising from decisions of trial courts and government regulatory agencies.
A three-judge panel may decide to uphold the original decision, reverse it, or send the case back for retrial.
The appellate level includes 13 US courts of appeals
US is divided into12 judicial circuits or regions
With 1 appellate court in each district
The 13th Court is the National Court of Appeals

14. Lower Federal Courts!
In addition to these constitutional courts, Congress has created six legislative courts to help it exercise its constitutional powers.
U.S. Claims Court handles claims against the government for money damages
U.S. Tax Court settles disputes involving payment of federal taxes
Court of Military Appeals hears appeals of convictions under military law
Territorial Courts act as district courts for United States territories
Courts of the District of Columbia act as the court system for the nation’s capital
Court of Veterans’ Appeals hears appeals of decisions involving veterans’ claims

17. The Supreme Court!
The final authority on all questions of federal law.
Majority of the cases it hears come from appeals
has both original and appellate jurisdiction
It is made up of a chief justice and 8 associate justices, no amount set by Constitution.
they choose which cases it wants to hear

18. The Supreme Court Duties
Duties of the justices
Determine cases to hear
Decide each case
Explain the decision in writing
Most Justices employ “clerks,” young lawyers, to help them with legal research.
The chief justice have additional administrative duties.

19. Selection of Supreme Court Justices
Appointed for life.
Nominated by the President and confirmed by Senate.
Senatorial courtesy—Presidents seeks approval of both senators from the nominee’s home state before making the appointment
Recommendation of the American Bar Association (a national organization of lawyers)
Party affiliation is important
Support or opposition of major interest groups

21. The Supreme Court at work
9 month session, October-June.
When in session, the Supreme Court sits for two weeks in each months to hear cases.
Justices listen to arguments from opposing lawyers and discuss in conference.
After each sitting the Court recesses and the justices:
work on opinion—written statements explaining legal principals and reasoning underlying Court decisions.
Study petitions from people asking that a case be heard
Between terms justices study upcoming cases
Thousands of suits are appealed to the Supreme Court yearly, 100 are heard

22. How cases Reach the Court
Most case reach that reach the Supreme Court on appeal fall into 2 categories:
a lower federal court or highest state court has found a law unconstitutional
a petitioner argues that a lower court made a legal error in a case or raises a serious constitutional issue

23. The main route cases reach the Court!
Writ of Certiorari- a document ordering that records on a case be sent up for reviewing.
The Court must grant certiorari in cases involving the constitutionality of a law.
In other cases, Court may deny a petition due to lack of importance or motivation to hear the case.
Once the Supreme Court rules on a case the decisions stands serving as a precedent for similar cases.
Stare Decisis—Latin for “let the decision stand”

24. The Solicitor General
Half the cases decided by the Supreme Court involve the federal government in the suit.
The solicitor general is appointed by the president and represents the federal government before the Supreme Court.

25. Selecting Cases 2/3rds for certiorari do not make it
At the Court’s Friday conferences, chief justice reviews the cases on the discuss list
Justices give their views
equipped by research done by clerks who read petitions and summarize them
Rule of Four—
Four agree to hear a case it is heard by the court.

26. Deciding Major Cases! After the Supreme Court accepts a case
layers on each side submit a brief—a written statement setting forth the legal argument
Parties not directly involve in the case but hold an interest in the outcome may submit written briefs called amicus curiae briefs- or friend of the court briefs
Oral Arguments before the Court
Layers of each side have 30 minutes
Justices interrupt with question or challenging a statement
Strict time limit
Lawyer speak from a lectern/stand with a light which flashes white (time is up in 5 minute) red (time is up, stop)

27. Deciding Major Cases
The Conference—on of the most secret meetings in Washington.
take place on Wednesdays and Fridays, justices meet to discuss cases they have heard.
Only the nine justices are present, no minutes/notes are kept.
Writing the Opinion
Unanimous opinion—all justices vote the same
Majority opinion—expresses the views of the majority of the justices in a case
Concurring opinion—one or more justices who agree with majority’s conclusions about a case, but do so for different reasons, write a concurrent opinion.
Dissenting opinion—the opinion of justices on the losing side in a case.

28. Shaping Public Policy
The Supreme Court uses 3 tools to influence policy:
1. Using Judicial Review—the Court validates or cancels the laws and actions of government institutions at the local, state, and national levels.
Miranda v. Arizona- police acted unconstitutionally
2. Interpreting the meaning of laws—the Court determines how policy will be carried out on a daily basis in al parts of the nation.
PGA Tour, Inc. v. Martin, Obergefell vs. Hodges
3. Overruling or reversing its previous decisions—Court adapts the law to changing circumstances and social values.
Plessy v. Ferguson

29. Limits on the Supreme Court’s influence
Limits on Types of Issues: The Court does not give equal attention to all areas of national policy.
For example, it plays only a minor role in shaping foreign policy.
Limits on Types of Cases: The Court considers only cases in which its decision will make a difference.
It will not hear a case unless someone has suffered real harm such as denial of civil liberties or economic loss. It accepts only cases that involve a substantial federal question.
Limited Control over Agenda: The Court may not initiate legal action. It can only decide on cases that are brought before it.
Lack of Enforcement Power: The Court must rely on other government institutions to enforce its rulings.
Checks and Balances: The other branches of government influence and check the Court’s power.

30. For Extra Information: See Videos Below