1. The Constitution The first three Articles of the Constitution lay out the three co-equal branches of the United States government. –Article I – the Congress Writes the laws –Article II – the President Enforces the laws –Article III – the Supreme Court Interprets the laws

2. The Supreme Court Marbury v. Madison (1803 Supreme Court opinion by Chief Justice John Marshall) –“[It] is emphatically the province of the judicial department to say what the law is.” –As a result, Supreme Court gets the final say on what the Constitution and federal laws mean.

3. The Constitution and the National Judiciary Article III of the Constitution establishes: –a Supreme Court in which the judicial power of the United States is vested –life tenure or 'good behaviour' for judges –such inferior courts as Congress may choose to establish –the original jurisdiction of the Supreme Court The intent of Article III was to remedy the failings of the Articles of Confederation which left judicial matters to the states.

4. American Legal System The American legal system is a dual system: –state courts--actually 50 different 'systems' –federal courts Both systems have three tiers: –trial courts--litigation begins and courts hear the facts of the case at hand (original jurisdiction) –appellate courts--decide questions of law, not fact (appellate jurisdiction) –high or supreme courts

5. Appeals to the Supreme Court 94 Federal District Courts (Seattle is located in the Western District of Washington) 12 Regional U.S. Courts of Appeals (1 st – 11 th and District of Columbia Circuits) (Washington State is located in the Ninth Circuit) U.S. Supreme Court Supreme Court has complete discretion over whether to allow a party that loses at the Court of Appeals to have an additional appeal Losing party (except the Government in criminal prosecutions) automatically gets to appeal to the Circuit Court of Appeals for the Circuit in which the District Court is located. State Trial Court State Appellate Court U.S.S.C. may review a state appellate court’s interpretation of federal law.

7. Who are Federal Judges? Typically federal judges have: –held previous political office such as prosecutor or state court judge –political experience such as running a campaign –prior judicial experience –traditionally been mostly white males –been lawyers

8. Federal Selection Process President Dept. of Justice Senators Senate Jud. Comm. ABA Senate Interest Groups

9. Nomination Criteria No constitutional qualifications Competence Ideology/Policy Preferences Rewards Pursuit of Political Support Religion Race and gender

10. The Supreme Court 9 justices hold office for life Nominated by the President Confirmed by the Senate A majority (usually 5 justices) needed to prevail The Court is bound by the Constitution and its own past decisions (called “precedent”) on Constitutional issues when it decides new cases.

11. How the Justices Vote Legal Factors Judicial Philosophy –Judicial Restraint - advocates for a strict interpretation of the Constitution. It says what it means. –Judicial Activism - feels that judges should use the law to promote justice, equality, and personal liberty. Precedent –Prior judicial decisions serve as a rule for settling subsequent cases of a similar nature.

12. How Supreme Court Decisions are Made Case on the Docket Approx 95 Briefs and Amicus Briefs submitted Justices Conference Cases discussed Votes taken Opinion Assigned Opinions Announced Opinions Drafted and Circulated Oral Argument

13. Judicial Policy Making and Implementation All judges make policy. This was particularly noticeable following the Court ordered desegregation in 1954 Brown ruling. Courts do not have the power to implement their decisions. The executive branch must enforce the Court’s decisions.

14. The Supreme Court Back Row (L to R): Sonia Sotomayer, Stephen Breyer, Samuel Alito, Elena Kagan Front Row: Clarence Thomas, Antonin Scalia, Chief Justice John Roberts; Anthony Kennedy, Ruth Bader Ginsburg

15. The Conservatives Chief Justice John Roberts; Justices Antonin Scalia, Clarence Thomas, Samuel Alito The text of the Constitution and federal laws means exactly what it says. If the text is clear, there is no need to look to legislative intent. The Constitution creates a federal government of limited powers. So all powers not expressly granted to the federal government can only be exercised by the states.

16. The Liberals Justices Elena Kagan, Sonia Sotomayer, Ruth Bader Ginsburg, Stephen Breyer Sometimes, you have to look beyond the text of the Constitution or federal laws to legislative history, congressional committee reports, and public policy to decide what the text means, especially in the context of individual rights. Although the Constitution gives the federal government a fixed set of enumerated powers, the federal government has broad authority to regulate matters which the conservatives believe are reserved for the states to regulate.

17. The Swing Vote Justice Anthony Kennedy Approach every case pragmatically. Sometimes, the text will be clear. Sometimes you will have to look beyond the text to other sources. Decide on a case-by-case basis. The federal government is a government of enumerated powers and the states have all powers that the Constitution does not specifically assign to the federal government.