1. Government, Chapters 11 and 12
The Judicial Branch
Government, Chapters 11 and 12

2. Powers of the Federal Courts!
Initially Courts played a minor role!
Chief Justice John Marshal
, increased the courts powers
Jurisdiction- Authority to hear cases
Concurrent jurisdiction
Original jurisdiction
Appellate jurisdiction

3. Developing Supreme Court Power!
Marbury v. Madison- judicial review 1803
McCulloch v. Maryland- implied powers 1819
Gibbons v. Ogden- commerce powers 1824
Dred Scott v. Sandford- Shift to State power 1856

4. Lower Federal Courts! 94 District Courts
Grand Jury, people, rule to go ahead with charges or not.
Petit Jury, 6-12, hear the case and make a ruling.
80% of all federal cases heard here
Few appealed

5. Lower Federal Courts! 12 judicial circuits, Appellate Courts
1 National Court of Appeals
Legislative courts
U.S. court of Federal Claims
U.S. Tax court
Territorial Courts
Court of Veterans’ Appeals

6. Selection of federal Judges!
Appointed for life
Nominated by the President, Senate confirms.
Party affiliation important
Senatorial courtesy, Senator from the state being appointed objects to a district judge, no confirmation

7. The Supreme Court! Has both Original and Appellate jurisdiction
9 Justices today, no amount set in the Constitution.
Duties have developed over time.
One assigned to each circuit to hear appeals

8. The Supreme court at work!
9 month session, October-June.
Two weeks of hearing cases
Render an opinion, written statements on the decision
2000, 8,900 cases appealed, 83 cases heard

9. How cases Reach the Court!
Writ of Certiorari- Order from the court to send up paperwork from lower court.
No reason given for rejecting cases.
Lower decision stands
Stare Decisis
Solicitor General- Represents the Federal government
Decides to appeal or not.

10. How cases Reach the Court!
Selecting Cases
Clerks read petitions and summarize.
If chosen by a Justice goes to the discuss list
2/3rds do not make it
Friday Conference of Justices to choose
Rule of Four- Four agree to hear a case it is heard by the court.

11. Deciding Major Cases! Briefs submitted- legal arguments
Amicus curiae briefs- Outside information about the case.
Oral Arguments
30 minutes for each side
Justices interrupt, question etc.
Strict time limit
Formally informal

12. Deciding Major Cases! The Conference Wednesdays and Fridays
Only the nine, no minutes kept
Writing the Opinion
Unanimous opinion
Majority Opinion
Concurring Opinion
Dissenting Opinion

13. Shaping Public Policy!
1. Using Judicial Review
Miranda v. Arizona- police acted unconstitutionally
2. Interpreting the meaning of laws
PGA Tour, Inc. v. Martin
3. Overruling or reversing its previous decisions
Plessy v. Ferguson, Brown v. Board
of Education

14. Shaping Public Policy!
Limited control over Agenda- Only decides cases that come from elsewhere.
Lack of Enforcement- Executive Branch must support the decision