1. The Judicial Branch
Unit 5

2. The Judicial Branch
Article III of the Constitution established the Judicial Branch.
The Supreme Court was the only court created by the Constitution.
Congress created all other federal courts and decided on the # of judges for all federal courts (including the SCOTUS).

3. The Role of the Judicial Branch
To interpret and define law
This involves hearing individual cases and deciding how the law should apply

4. Appointment of Federal Judges
The Constitution stipulates that all federal judges are appointed by the President
Supreme Court justices
Court of Appeals judges
District court judges

5. Appointment of Federal Judges
President nominates someone to become a judge
Senate majority vote confirms
Judges serve for life

6. Why Life Terms? Founding Fathers wanted an independent judiciary
Free from public or political pressure when deciding cases

7. Things the President considers…
Political Ideology
Same party or ideology
Balance court (race, religion, region, gender)
Policies
Will support policies of the President
Judicial Experience
Previous judicial experience and past case decisions

8. Things the President considers…
Litmus test
Ideological Purity test  not too liberal or conservative
Key issues: Gay rights, abortion
Acceptability
How controversial?
Will he/she uphold Constitution over personal beliefs?

9. The President & the SCOTUS
President with the most SCOTUS appointments:
FDR
Presidents who never got the chance to appoint a Supreme Court justice:
William henry Harrison
Zachary Taylor
Andrew Johnson
Jimmy Carter

10. Meet your Supreme Court Justices

11. Supreme Court Justices
Chief Justice John Roberts
Appointed: Bush, 2005
Conservative

12. Supreme Court Justices
Antonin Scalia
Appointed: Reagan, 1986
Strong Conservative
DECEASED:
NATURAL CAUSES

13. Supreme Court Justices
Anthony Kennedy
Appointed: Reagan, 1988
Swing Vote (Usually Conservative)

14. Supreme Court Justices
Clarence Thomas
Appointed: Bush, 1991
Strong Conservative

15. Supreme Court Justices
Ruth Bader Ginsburg
Appointed: Clinton, 1993
Strong Liberal

16. Supreme Court Justices
Stephen Breyer
Appointed: Clinton, 1994
Liberal

17. Supreme Court Justices
Samuel Alito
Appointed: Bush, 2006
Conservative

18. Supreme Court Justices
Sonia Sotomayor
Appointed: Obama, 2009
Strong Liberal

19. Supreme Court Justices
Elena Kagan
Appointed: Obama, 2010
Liberal

20. Supreme Court Justices
Neil Gorsuch
Appointed: Trump, 2017
Conservative
Replacement for Justice Antonin Scalia

21. Noteworthy Justices

22. Sandra Day O’Connor 1st female justice Conservative to moderate
1981 – 2005 (nominated by Reagan, succeeded by Alito)
Swing vote in many cases

23. Thurgood Marshall 1st African American justice Served by 1967-1991
Nominated by LBJ, succeeded by Thomas
Lawyer for Brown v. BOE

24. Early Days as Justices
In early years, justices would be expected to go from town to town to hold court.
It was known as riding the circuit

25. Supreme Court
The “Court of Last Resort” – highest court in the country

26. Limitations on the Supreme Court
Types of Cases
Types of Issues
Limited Control over Agenda
No Enforcement Power
Checks & Balances

27. The US Court System

28. Dual Court System
Federal Courts
State Courts

29. State Courts
Highest state court/appeals (In Georgia, State Supreme Court)
Lower state courts/trials (In Georgia, Superior courts then Intermediate Court of Appeals)

30. What cases do they hear? State courts handle cases involving:
divorce and child custody matter
probate and inheritance issues
real estate questions, and juvenile matters
most criminal cases, contract disputes, traffic violations, and personal injury cases

31. What cases do they hear? Federal courts hear cases involving:
the constitutionality of a law
cases involving the laws and treaties of the U.S.
ambassadors and public ministers
disputes between two or more states
admiralty law
bankruptcy cases.

32. U.S. Supreme Court State Courts State Supreme Courts Federal Courts
U.S Courts of Appeals
Intermediate Appeals Courts
Trial Courts of General Jurisdiction
U.S. District Courts
Trial Courts of Limited Jurisdiction

33. Organization of Federal Courts
Judges 1
Supreme Court 9 13
Appellate Court 3 94 1
District Court

34. What is Jurisdiction?
The “authority” to hear a case

35. Jurisdiction Federal Court State Court Supreme Court
Cases involving federal law
Cases involving state law
All cases

36. Types of Jurisdiction Exclusive Concurrent Original Appellate
Only the federal court has the authority to hear a case; the state cannot.
A federal or a state court can hear the case.
The first court to hear a case.
The Supreme Court has both original AND appellate jurisdiction.
The court can only hear a case on appeal.

37. Original
Authority to hear a case for the first time
Trial

38. Appellate
Higher court reviews decisions to see if justice was served by lower court decision
No “trial” … panel of judges/justices

39. How does the Supreme Court decide cases?
The SCOTUS has both original and appellate jurisdiction BUT most cases are appeals from lower courts.
The SCOTUS is the court of last resort!
SCOTUS clerk screen 9,000 to 10,000 petitions (writ of certiorari)

40. How does the Supreme Court decide cases?
Writ of certiorari
The party that lost an appeal in a lower court explains why the Supreme Court should hear the case.
Justices meet weekly to discuss petitions

41. How does the Supreme Court decide cases?
Four out of the nine justices must agree to hear the case. If not, the decision of the lower court stands.
This is called the Rule of 4!
Only about 75 cases are granted a year

42. Role of the Solicitor General
Serves as the link between the executive branch and the judicial branch.
Plays a key role in setting the Court’s agenda.
Almost ½ the cases decided by the Supreme Court involve the federal government.

43. SCOTUS at work Solicitor General
Handles all appeals on behalf of US government
Controls case schedule
4th ranking member in Justice Department
Current: Donald Verilli

44. Briefs Written statement arguing 1 side
Relevant facts, legal principles, and precedents, as well as summary of lower court decisions
“amicus curiae” = “friend of the court”
Submits brief because they want their opinion heard (most are abortion/affirmative action)
Not directly involved in the case
Have an interest in the outcome of the case

45. Oral Arguments
Lawyers have 30 minutes each to speak to justices & present their side of the case to the court.
Emphasize major points of brief
Judges normally interrupt to ask questions

46. Conference
Justices meet in secret session to discuss and vote. Chief Justice presides. Each justice gives opinion.
At least 6 of the 9 judges must be present to make a decision

47. Opinions After decision is made, justices write formal opinion
Explains decisions and how they voted
Issues of the case, precedents, guidelines for future cases
Four types of opinions:
Majority
Concurring
Minority/Dissenting
Unanimous

48. Decisions of the SCOTUS
Majority opinion – Chief justice (or senior justice in the majority) explains ruling
Dissenting opinion – explains the argument of the minority
Concurring opinion – agree with the majority opinion, but for a different reason
Unanimous opinion- all justices agree with the opinion/ decision

49. Factors that Influence SCOTUS decisions
Precedents/ existing laws
stare decisis (let the decision stand)
most SCOTUS cases are based on precedents from earlier cases
Example: Baker v. Carr and Wesberry v. Sanders
Sometimes precedents are overturned
Example: Plessy v. Ferguson and Brown v. BOE

50. Factors that Influence SCOTUS decisions
2. Judicial Philosophy
Judicial Activism or Restraint?

51. Factors that Influence SCOTUS decisions
3. Public Opinion
Independent Branch
Appointed for life
Can’t decrease salary
Control own schedule (writ of cert)
Limited public access (no media, unless given permission)
Still influenced though …
Appointed and confirmed, so their decisions and ideology matter
Constitution can be amended
Congress can change jurisdiction
Congress can change number of justices
Justices can be impeached
Sensitive to important issues of the nation (in other words, they’re human too!)

52. UNCONSTITUTIONAL! Judicial Review
Marbury v. Madison
Established judicial review
The Supreme Court can declare acts of Congress…..
UNCONSTITUTIONAL!
Makes Supreme Court an independent and co-equal branch of government

53. Judicial Philosophies
Judicial Activism (Liberal)
Judicial Restraint (Conservative)
“Legislating from the bench”
Court should play active role in determining policies
Loose interpretation of Constitution
Should set precedents
Court should avoid political and social questions
Strict interpretation of Constitution
Should not seek to set precedents

54. Criminal
Justice
System

55. Two Kinds of Disputes
Criminal: a person is accused of breaking the law
Example: murder
Civil: between two people or groups
Example: divorce, law suit

56. Two Parties
Plaintiff: person bringing the complaint/ “wronged” party in civil case OR
Prosecution: government charging accused person in criminal case
VS.
Defendant: person accused of breaking the law (criminal) or person accused of causing complaint (civil)

57. Vocabulary for Criminal Cases

58. Grand Jury
A group of citizens who examine the evidence in a serious criminal case to decide whether a person accused of a crime should be indicted

59. Indictment
Formal accusation of criminal behavior handed down by a grand jury; means the accused will be brought to trial

60. Arraignment
Where person accused of crime is informed of charges and makes a plea of guilty or not guilty

61. Plea Bargain
Agreement in which the defendant (accused) pleas guilty for a lesser charge or sentence

62. Restitution
Offender pays victim for loses, damages or injuries resulting from a crime

63. Incarceration
Imprisonment as punishment for a crime

64. Due Process
The government cannot treat criminal suspects unfairly (you must be told about your charges and have right to a trial)

65. Miranda Rights
Miranda v. Arizona in upholds due process and protects your rights during an arrest and interrogation
Changed law enforcement policies & procedures nationwide

66. Types of Crimes Misdemeanor Felony
Minor crime, typically punished by fine or less than one year in prison (petty theft, disturbing the peace, traffic violations)
Serious crime punished by more than 1 year in prison (Grand theft, armed assault, murder)

67. Four Major Categories of Crimes
Personal Crimes
Assault
Battery
False Imprisonment
Kidnapping
Homicide
Rape/ Statutory Rape

68. Four Major Categories of Crimes
Property Crimes
Larceny (Theft)
Robbery (also considered personal crime)
Burglary
Arson
Embezzlement
False Pretenses
Receipt of Stolen Goods

69. Four Major Categories of Crimes
Inchoate Crimes (incomplete crimes/ begun but were not completed)
Attempt (any crime attempted)
Solicitation
Conspiracy

70. Four Major Categories of Crimes
Statutory Crimes- violation of a specific state or federal statute can involve property or personal offenses
Alcohol related crimes (DUI)
Selling alcohol to a minor

71. Process in Criminal Justice
Crime is committed
Arrest
Pre-Trial
Grand Jury (if a major crime)
Indictment
Trial
Possible Plea Bargain
Arraignment
Jury Selection
Jury deliberation
Sentencing
Appeals
Incarceration (Release after sentence is served or parole)

72. Steps in a Civil Trial Process

73. Civil Trial Flow Chart

74. Landmark Cases Marbury v. Madison (1804)
Established precedent of judicial review
Cherokee Nation v Georgia (1831)
SCOTUS denied to hear the case on appeal as the Cherokee were viewed as wards of the state and the Supreme Court held no jurisdiction
One year later a new case would be decided

75. Landmark Cases Worcester v Georgia (1832)
Cherokee Nation were deemed sovereign by Chief Justice John Marshall, and states could not pass laws against them
Worcester was released by the state of GA
After effects of the ruling:
Andrew Jackson ignored the decision
Cherokee were forced out in what would become known as the Trail of Tears
15,000 were forced out, and over 4,000 died on the journey to Oklahoma Territory

76. Landmark Cases Dred Scott v. Sanford (1857)
Ruled that people of African descent imported into the U.S. were not and could never be considered citizens
Would forever tie the issue of state’s rights to slavery
Pushed U.S. closer to Civil War due to outcry after the case
This case would eventually be overturned with the passing of the 14th Amendment

77. Landmark Cases Plessy v. Ferguson (1896)
Ruled segregation was constitutional as long as both races had equal facilities
Established the “separate but equal” doctrine
Brown v. Board of Education (1954)
Overturned Plessy decision on the grounds that “separate is inherently unequal”