1. -CNN Student News -Lecture #2 -12 Angry Men
The Judicial Branch
-CNN Student News
-Lecture #2
-12 Angry Men

2. The Role of the Judicial Branch
To interpret and define law
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!

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

4. Participants in the Judicial System
Plaintiff: the party bringing the charges
Defendant: the party being accused or charged
Jury: 12 people who decide the outcome of the trial

5. Federal Court Jurisdiction
What is Jurisdiction?
The authority of the courts to hear certain cases
Types of Federal Jurisdiction
1.) Original Jurisdiction: authority to hear a case for the first time
2.) Appellate Jurisdiction: courts that hear reviews or appeals of decisions from the lower courts
Federal Courts of Appeals and the Supreme Court have appellate jurisdiction

6. 3 Major Steps in the Federal System
Courts
Judges 1
Supreme Court 9 12
Court of Appeals 3 91 1
District Court

7. Introduction to the Judicial Branch
U.S. Court System Today
U.S. has a dual system of courts:
Federal Courts – handle criminal and civil cases involving federal law or any constitutional issue
State Courts – handle criminal and civil cases involving state law

8. Creation of a National Judiciary

10. Criminal vs Civil Law
Criminal Law – a defendant is tried for committing some action that Congress has declared by law to be a federal crime
Civil Law – noncriminal matter – dispute over terms of contract or plaintiff seeks damages (money)

11. More Vocab
Due Process – the principle that guides our court system (fair treatment)
Habeaus corpus – right to challenge incarceration by demanding the govt show the evidence against them
Jury Duty & Bear Witness – citizen participation

12. Appointment of Judges President nominates someone to become a judge
Senate majority vote confirms
Remember – Senatorial Courtesy!

13. WHY LIFE? - To Protect them from political influence
- To Limit Presidential Power
- To Limit Congressional Power

14. Background of Supreme Court Judges
Almost all federal judges have
Had legal training
Held positions in government
Served as lawyers for leading law firms
Served as federal district attorney
Served as law school professors
Few African-Americans, Hispanics, or Women
President Lyndon B. Johnson appointed first African American Supreme Court Justice, Thurgood Marshall
President Ronald Reagan appointed the first female Supreme Court Justice, Sandra Day O’Connor

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

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

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

18. How a Case Reaches Supreme Court
Court will issue a writ of certiorari (acceptance of a case) if 4 of the 9 justices wish to hear it
Called the “Rule of 4”
Or, court will issue a certificate if a lower court says they don’t know how to decide on it

19. Trial Process at Supreme Court
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
Becomes precedent for how future similar cases should be decided

20. Trial Process at Supreme Court
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

21. Trial Process at Supreme Court
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)

22. Activism vs Restraint
Judicial Activism – philosophy that the supreme court should play an active role in shaping national policies
Social and Political issues
Obergefell v. Hodges
Roe v Wade
Brown v Board of Education

23. Activism vs Restraint
Judicial Restraint – Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say
Plessy v Ferguson
Gibbons v Ogden

24. Supreme Courts Through History
Warren Court ( )
Led by Chief Justice Earl Warren
Often said to be the “most liberal court ever”
Important cases decided
Brown v. Board of Education (1954) –
Gideon v. Wainwright (1963) –
Miranda v. Arizona (1966) –

25. Supreme Courts Through History
Burger Court ( )
Led by Chief Justice Warren Burger
Returned the Supreme Court to a more conservative ideology
Appointed by Richard Nixon
Important cases decided:
Roe v. Wade (1973) – declared abortions legal with special time constraints
U.S. v. Nixon (1974) – ruled that President Nixon’s private recordings were not protected under presidential privilege and ordered them be turned over to the house investigators

26. Supreme Courts Through History
Rehnquist Court ( )
Led by Chief Justice William Rehnquist
Conservative court that continued to limit, but not reverse, decisions of earlier more liberal courts in the areas of defendant’s rights, abortion, and affirmative action
Important cases decided
Planned Parenthood v. Casey (1992)
Roper v. Simmons (2004) –declared that the death penalty was unconstitutional for anyone under the age of 18

27. Current Supreme Court Justices
Chief Justice John Roberts
Appointed: Bush, 2005
Age: 62 (50)
Conservative

28. Current Supreme Court Justices
Anthony Kennedy
Appointed: Reagan, 1988
Age: 80 (51)
Swing Vote (Usually Conservative)

29. Current Supreme Court Justices
Clarence Thomas
Appointed: Bush, 1991
Age: 68 (43)
Strong Conservative

30. Current Supreme Court Justices
Ruth Bader Ginsburg
Appointed: Clinton, 1993
Age: 84 (64)
Strong Liberal

31. Current Supreme Court Justices
Stephen Breyer
Appointed: Clinton, 1994
Age: 78 (55)
Liberal

32. Current Supreme Court Justices
Samuel Alito
Appointed: Bush, 2006
Age: 67 (55)
Conservative

33. Current Supreme Court Justices
Sonia Sotomayor
Appointed: Obama, 2009
Age: 62 (55)
Strong Liberal

34. Current Supreme Court Justices
Elena Kagan
Appointed: Obama, 2010
Age: 56 (50)
Liberal

35. Current Supreme Court Justices
Neil Gorsuch
Appointed: Trump, 2017
Age: 49
Strong Conservative