1. 1 Federal Judiciary Lesson 12

2. 2 Role of the Courts What is the role of courts - resolve political issues? Presidential election Presidential election Power of the President in Time of war - Rights of Detainees Power of the President in Time of war - Rights of Detainees Shivo Case – the right to die Shivo Case – the right to die Same Sex Marriage Same Sex Marriage

3. 3 Common Law 1. Basis of our system: English legal system 1. Basis of our system: English legal system Judge/Case made tradition – Common Law Judge/Case made tradition – Common Law Precedent – stare decisis follow prior case Precedent – stare decisis follow prior case Predictable, efficient, stable Predictable, efficient, stable

4. 4 American Law 1. Constitutions (federal and state) 1. Constitutions (federal and state) 2. Statutes & Administrative Regulations 2. Statutes & Administrative Regulations 3. Case Law (appellate cases) 3. Case Law (appellate cases) The interpretations of the constitutions, statutes & administrative regulations, both federal and state The interpretations of the constitutions, statutes & administrative regulations, both federal and state

5. 5 JURISDICTION A Dual Court System – federal & state A Dual Court System – federal & state each with trial courts and appellate courts each with trial courts and appellate courts Jurisdiction of a court Jurisdiction of a court Authority of this court to hear this case Authority of this court to hear this case (Marbury v. Madison, 1803) Supreme Court original jurisdiction set by the Constitution (Marbury v. Madison, 1803) Supreme Court original jurisdiction set by the Constitution

6. 6 Federal Court System 1. Federal Jurisdiction (basic to all cases) 1. Federal Jurisdiction (basic to all cases) a. A federal question: U.S. Constitution, federal law or treaties. a. A federal question: U.S. Constitution, federal law or treaties. b. Diversity Jurisdiction: citizens of different states and $75,000.00; foreign nation or individual. b. Diversity Jurisdiction: citizens of different states and $75,000.00; foreign nation or individual. c. Standing to sue: real harm to the person bringing suit! c. Standing to sue: real harm to the person bringing suit!

7. 7 Federal Courts 1. U.S. District Court: trial court, at least one per state (CA has 4) N, S, C, E. 1. U.S. District Court: trial court, at least one per state (CA has 4) N, S, C, E. 2. U.S. Courts of Appeals: appellate courts for 12 circuits; 13 th Circuit in Washington, DC. Panel of judges review for legal error. 2. U.S. Courts of Appeals: appellate courts for 12 circuits; 13 th Circuit in Washington, DC. Panel of judges review for legal error. 3. U.S. Supreme Court: hears appeals from both state and federal courts; nine (9) justices 3. U.S. Supreme Court: hears appeals from both state and federal courts; nine (9) justices

8. 8 Other Federal Courts 1. Foreign Intelligence Surveillance Act of 1978 (FISA Courts) secret issue warrants 1. Foreign Intelligence Surveillance Act of 1978 (FISA Courts) secret issue warrants 2. Anti-Terrorist and Effective Death Penalty Act of 1996 (deportations) 2. Anti-Terrorist and Effective Death Penalty Act of 1996 (deportations) 3. Tax Court, Court of Claims, Bankruptcy, Patent Court, Court of Federal Claims, etc. 3. Tax Court, Court of Claims, Bankruptcy, Patent Court, Court of Federal Claims, etc. (courts with limited jurisdiction) (courts with limited jurisdiction)

9. 9 Litigation Plaintiff/Defendant Plaintiff/Defendant Cross Complainant/Cross Defendant Cross Complainant/Cross Defendant Interpleader Interpleader Amicus Curiae Amicus Curiae Class-Actions Class-Actions Civil contempt – criminal contempt Civil contempt – criminal contempt

10. 10 The Supreme Court 1. First Monday in October to late June 1. First Monday in October to late June 2. Decide what cases to review, schedule oral argument, read briefs, meet in conference, draft opinions, final opinion. 2. Decide what cases to review, schedule oral argument, read briefs, meet in conference, draft opinions, final opinion. 3. Areas free speech, civil rights, states rights, capital punishment, abortion, privacy, school integration, term limits 3. Areas free speech, civil rights, states rights, capital punishment, abortion, privacy, school integration, term limits

11. 11

12. 12 Today ’ s Court John G. Roberts, Jr. John G. Roberts, Jr. Antonio Scalia; Anthony M. Kennedy; Clarence Thomas; Ruth Bader Ginsburg; Steven G. Breyer; Samuel A. Alito, Jr., Sonia Sotomayor; Elena Kagan Antonio Scalia; Anthony M. Kennedy; Clarence Thomas; Ruth Bader Ginsburg; Steven G. Breyer; Samuel A. Alito, Jr., Sonia Sotomayor; Elena Kagan http://www.supremecourtus.gov/ http://www.supremecourtus.gov/

13. 13 Supreme Court Original Jurisdiction – as a trial court under the Constitution, art. 3, sec. 2 Original Jurisdiction – as a trial court under the Constitution, art. 3, sec. 2 1. A state is a party 2. Affecting foreign diplomats Can not be expanded by Congress Number of cases decided each year??

14. 14 Selection of Cases 1. Subjective (rule of 4) 1. Subjective (rule of 4) 2. Factors: 2. Factors: a. Two lower courts disagree a. Two lower courts disagree b. Lower court in conflict with Supreme b. Lower court in conflict with Supreme c. Case of significance c. Case of significance d. Substantial federal question d. Substantial federal question e. State court interpretations of federal law e. State court interpretations of federal law

15. 15 Selection of Cases f. Constitutional issues in federal courts f. Constitutional issues in federal courts g. Actions by the Solicitor General g. Actions by the Solicitor General 3. Opinions (a statement of the decision) 3. Opinions (a statement of the decision) Majority Affirm Majority Affirm Dissenting Reverse Dissenting Reverse Concurring Remand Concurring Remand

16. 16 Judicial Appointments 1. Who are they? 1. Who are they? 2. Senatorial Courtesy (veto - gone) 2. Senatorial Courtesy (veto - gone) 3. Political patronage of the President 3. Political patronage of the President political party and political philosophy political party and political philosophy 4. Senate confirmation (committee review and the importance of the court) 4. Senate confirmation (committee review and the importance of the court)

17. 17 Judicial Confirmation 1. Confirmation more difficult since the rejection of Robert Bork in 1987. 1. Confirmation more difficult since the rejection of Robert Bork in 1987. 2. Politics has always played a major role in approval 2. Politics has always played a major role in approval 3. Most are confirmed without much dispute. 3. Most are confirmed without much dispute. 4. Those with strong ideological commitments experience difficulty. 4. Those with strong ideological commitments experience difficulty.

18. 18 Importance of the Court 1. Judicial Review 1. Judicial Review Constitutionality of both federal and state laws, & actions of the President or the Congress Constitutionality of both federal and state laws, & actions of the President or the Congress 2. Activism v. Restraint 2. Activism v. Restraint 3. Strict v. Broad Construction 3. Strict v. Broad Construction 4. Liberal v. Conservative 4. Liberal v. Conservative

19. 19 Checks on the Court A. Executive Checks: A. Executive Checks: Power of enforcement Power of enforcement Power of appointment Power of appointment B. Congressional Power B. Congressional Power Propose Constitutional Amendemnts Propose Constitutional Amendemnts Draft new laws around the Court Draft new laws around the Court C. Public Opinion C. Public Opinion Ignore or not enforce Ignore or not enforce

20. 20 Checks on the Court D. Citizens D. Citizens Selection of the President Selection of the President Affect of the Media Affect of the Media E. Lower Courts E. Lower Courts Limit scope of decisions Limit scope of decisions

21. 21 Other Items Writ of Certiorari Writ of Certiorari Extraordinary Petition to the Supreme Court to review a case – most often denied Class actions Class actions A certified group action – each member bound by the result, but can elect not to be a part of the Class