1. THE FEDERAL COURT SYSTEM: The Judicial Branch LESSON 10

2. Why do we need a federal court system? I. AUTHORITY OF THE FEDERAL COURTS A. Matters involving 1. Constitutional issues 2. Interpretation of federal laws and treaties B. Parties involved 1. Ambassadors from foreign countries 2. United States Government officials 3. State vs. state  issues between states 4. Citizens from different states

3. Why do we need a federal court system? II. FEDERAL COURT SYSTEM: made up of the Supreme Court and inferior courts A. 94 District Courts: site of original jurisdiction (where most cases are heard for the first time)  MINEOLA, CENTRAL ISLIP, BROOKLYN 1. Civil cases (lawsuits) and criminal cases heard 2. Judge presides over 12 jurors (all criminal cases and most civil cases)

4. Why do we need a federal court system? B. 13 Circuit Courts of Appeal 1. Appellate jurisdiction: These courts hear cases on appeal from the District Courts 2. No new cases heard  they review district cases being appealed and may confirm decision or call for a retrial

5. Why do we need a federal court system? C. Supreme Court 1. Appellate jurisdiction: cases coming from lower courts 2. Original jurisdiction: cases involving constitutionality of law (cases involving states, ambassadors, etc.) 3. Procedure: Court sits in session from October to June EXTRA CREDIT: Name the Justices that sit on the Supreme Court

6. Why do we need a federal court system? 4. Decisions: made by majority of 1 Chief Justice and 8 Associate Justices  9 total Justices sit on Supreme Court  MAJORITY OPINION: key written opinion of majority  CONCURRING OPINION: other members of majority may have different reasons for agreeing with majority  DISSENTING OPINION: those in minority file an opinion of why they disagreed with the decision

7. Why do we need a federal court system?

8. Federal judges – the members of the Judiciary III. FEDERAL JUDGES A. TENURE: Federal judges are nominated by the President and must be approved by a majority of the Senate  elected to lifetime terms of service, which helps them make impartial decisions B. Federal justices may be impeached (formally charged with improper conduct), similar to the President

9. Federal judges – the members of the Judiciary C. Judicial Philosophies 1. JUDICIAL SELF-RESTRAINT Public policy rests with the other branches of government  the Justices hold back from acting according to personal beliefs and stick to constitutionality 2. JUDICIAL ACTIVISM Supreme Court authorizes public policy and may bring about change

10. How have the federal courts become important? IV. JUDICIAL REVIEW The power of the Supreme Court to determine whether or not laws and Presidential actions are constitutional or unconstitutional  if a law is unconstitutional, it is considered null and void

11. How have the federal courts become important? A. MARBURY v. MADISON (1803): Supreme Court assumed the power of judicial review (John Marshall) The Supreme Court interprets laws, and therefore interprets the Constitution The Supreme Court interprets laws, and therefore interprets the Constitution The Constitution does not specifically give this power to the Court, but implies it The Constitution does not specifically give this power to the Court, but implies it

12. Key Supreme Court decisions have added to our history… V. SPECIFIC COURTS A. Marshall Court (1801-1835): promoted the growth of federal power Marbury v. Madison (1803) McCulloch v. Maryland (1819) Gibbons v. Ogden (1825)

13. Key Supreme Court decisions have added to our history… B. Warren Court (1953- 1969): civil rights legislation Brown v. Board of Education of Topeka, KS (1954) Gideon v. Wainwright (1963) Miranda v. Arizona (1966) C. Burger Court (1969- 1986) Roe v. Wade (1973) Univ. of California Regents v. Bakke (1978)

14. How have our rights been protected by the federal courts? VI. THE COURTS PROTECT RIGHTS AND LIBERTIES A. Guarantee of Habeas Corpus Protects the rights of the accused Protects the rights of the accused Provides a statement of charges Provides a statement of charges May be suspended during war (ex: WWII – FDR held Japanese- Americans in internment camps against their will) May be suspended during war (ex: WWII – FDR held Japanese- Americans in internment camps against their will) Key Decision  Korematsu v. U.S. Key Decision  Korematsu v. U.S.

15. How have our rights been protected by the federal courts? A. Prohibition of Bill of Attainder: prevents laws that would punish individuals without granting them a fair trial B. Prohibition of Ex Post Facto laws: prevents punishment today for actions that were not criminal in the past when they were committed (ex post facto  AFTER THE FACT)

16. How to talk like a judge… VII. ADDITIONAL JUDICIAL VOCABULARY A. TREASON: Actions against your government; aiding an enemy B. DUE PROCESS OF LAW: Guarantee of civil liberties and property rights  proper legal procedures C. DOUBLE JEOPARDY: Citizens cannot be tried for a single crime more than once (ex: O.J. Simpson)

17. How to talk like a judge… D. EMINENT DOMAIN: Right of the federal government to take land for federal use  citizens must be compensated for it What would happen if the federal government wanted to put an interstate through your backyard?