1. The Federal Court System

2. Background Information
Article III, Section 1 :
“The Judicial Power of the U.S. shall be vested in one Supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish.”
This is the only mention in the Constitution of a federal judiciary.

3. Background Information
The Judiciary Act of 1789
Established a Supreme Court
Chief Justice and five Associate Justices.
Created a structure of lower courts.

4. U.S. Supreme Court Highest court in the land Nine justices
Chief Justice presides
Each Justice has one vote
Congress can change Court’s size.
Supreme Court nominations have to be approved by the Senate.
Most of its work is from appeals
Lower Federal Courts
State Supreme Courts

5. The Current Supreme Court
Conservative
Members:
John Roberts/Chief Justice
6 appointed by Republican Presidents
3 appointed by Democratic Presidents
4 liberal/moderates (Stevens, Ginsberg, Breyer)
4 conservatives (Roberts, Scalia, Thomas, Alito)
Kennedy swing vote
Two women
One African American, One Hispanic
6 Catholics, 1 Protestants, 2 Jews

6. Basic Judicial Requirements
Before a case can be brought before either a state or federal court 2 important criteria must be met:
Jurisdiction
Standing to Sue

7. Jurisdiction
Jurisdiction is the authority of the court to hear and decide a case
Federal courts’ jurisdiction are limited to cases involving:
Federal question – pertains to the U.S. Constitution, acts of Congress, or treaties
Diversity of citizenship
Lawsuits between citizens of different states
Lawsuits between U.S. citizens and citizens of a foreign country.

8. Standing to Sue
Sufficient stake in the outcome of the case. The party bringing a lawsuit must have suffered or been threatened by some harm
Must be a justiciable controversy.
Must be a real and substantial issue – no hypothetical questions.
Court does not give advisory opinions.

9. Which Cases Reach the Supreme Court
No absolute right of appeal
Justices never explain reasons for hearing cases
Factors that bear on the decision to hear a case:
A legal question has been decided differently by various lower courts
Lower court’s decision conflicts with existing Supreme Court ruling
Issue has significance beyond the parties
Solicitor General is pressuring the Court to hear case

10. The Supreme Court Process
1. Court grants petition for review and issues a writ of certiorari ordering lower court to send up the record of the case for review.
- Court denies 90 percent of petitions
Court only hears case if four justices agrees. Called the Rule of Four
2. Deciding Cases:
- Extensive research on legal issues and facts involved in case.
Do not hear evidence.
Attorneys present oral arguments
Justices ask questions. These are tape recorded.
- Justices then meet to discuss and vote on cases. Strictly private sessions. No records of it.

11. The Supreme Court Process
3. Decisions and Opinions
- Court writes an opinion explaining the legal reasoning on which ruling is based.
- In many cases decision of the lower court is affirmed.
- If a reversible error was committed the decision of the lower court will be reversed.
- Some cases remanded back to lower court for new trial
- Opinions are signed by all justices who agree with it.

12. The Supreme Court Process
3. Decisions and Opinions
- Unanimous opinion - all justices agree on the opinion
When opinion is not unanimous a majority opinion is written, outlining the view of the majority
Concurring Opinion - a separate opinion written by a justice who supports the decision but wants to clarify a point or to voice disapproval of the grounds on which the decision was made
Dissenting Opinion - one or more written opinions written by justices who do not agree with the majority. Important because it forms the basis in later years to establish a new precedent
4. After opinion is written Court announces it from the bench

13. Judicial Activism and Judicial Restraint

14. Judicial Activism and Judicial Restraint
Liberal
Constitution living document
Meaning not fixed
Many times intention of framers cannot be determined
Language must be adapted to new times and conditions
Activist judiciary has an essential role in adapting Constitution to new political problems.
Federal judiciary should take active role in checking activities of President, Congress, state legislatures, and administrative agencies when they exceed their authority.

15. Judicial Restraint Conservative
Judges should apply the Constitution not rewrite it
Judges must adhere strictly to the intent of the framers
To do otherwise is to substitute personal views for those specified in Constitution
Courts should defer to the decisions made of legislative and executives branches because they were elected by the people.
Judiciary should only be involved if a law clearly violates specific language in the Constitution.