1. Unit 5: The Judicial Branch Unit 5

2. History of the Judicial Branch Article III – Created only the Supreme Court Gave Congress power to make more courts when necessary Called “Inferior Courts”

3. Jurisdiction A court, including the Supreme Court, cannot hear a case unless it has jurisdiction, the AUTHORITY to decide a case Original: Courts that hear a case for the 1 st time (trial courts) Appellate: Courts that review decisions (appeals)

5. District Courts (START) Courts of Appeal Supreme Court FEDERAL COURT SYSTEM:

6. Federal Circuit Court of Appeals 11 Districts / 1 DC / 1 Federal

7. State Court System Local Trial Courts: – Original jurisdiction (hear case 1 st ) – Civil & criminal cases – Examples: probate, family courts, juvenile court State Appeals Court: – Appellate jurisdiction Highest State Court of Appeals (State Supreme Court): – Appellate jurisdiction – Can appeal case to national Supreme Court

9. U.S. Supreme Court Make-up of the Court – 9 justices 8 associate justices and 1 Chief Justice (John Roberts) # of Justices determined by Congress Appointed by President, Senate confirmation – Life-term Can be impeached, retire or resign

12. Supreme Court Justices Political affiliation Democrats Elena Kagan Sonia Maria Sotomayor Stephen G. Breyer Ruth Bader Ginsburg Republicans Samuel Alito John G. Roberts (Chief) Clarence Thomas Anthony M. Kennedy Antonio Scalia

13. Role of Supreme Court Decides whether actions of federal, state, & local governments are constitutional Not just any case can be heard by the U.S. Supreme Court ONLY federal cases (or cases within federal jurisdiction)

14. Federal jurisdiction Are there federal questions involved? Are the plaintiff's actions based on the U.S. Constitution, a treaty, or a federal law? If not, it stays within the state courts. Majority of Supreme Court cases are reviews of lower court decisions (appellate); but has original jurisdiction over suits between states (ex. property disputes).

15. Road to the Supreme Court #1: File a lawsuit in your local state or federal court #2: Trial judge would hear evidence and consider legal arguments #3: If judge decides against you, appeal to a higher court

16. Road to the Supreme Court #4: Out of appeals? Last chance is the Supreme Court #5: Prepare a "petition for certiorari." A document the Court will read in order to decide whether to hear the case. Includes history, the basic facts, and the important legal issues Your opponent can file a response, and other interested parties may file briefs in support or against

17. Road to the Supreme Court #6. Your file will then go to a pool of Supreme Court clerks for review who summarize them for the justices #7: Clerks make recommendation on whether to take the case; justices then make a final decision #8: If they decide to hear a case, they will issue a "writ of certiorari”

18. Road to the Supreme Court ~10,000 petitions a year Supreme Court takes about 80 cases a year MORE likely to take cases where: there is a conflict of law (13 federal courts ruling the same? Ex. Marriage equality) it’s of an important or unusual nature (ex. Gore vs. Bush it’s a favorite area of law for a particular justice lower courts disregard previous S. C. decisions

19. Supreme Court Decides constitutionality of laws NOT originally in Constitution The WEAK branch…until… 1803: Marbury v Madison…STRENGTHENS COURT

20. Marbury v Madison 1800 Election; Democratic-Republicans win (Jefferson President-elect) Federalists panic. John Adams, current President, appoints big #’s of jobs right before leaving office. Commissions not delivered. Jefferson assumes office, orders Madison (Sec of State) NOT to deliver commissions

21. Marbury v. Madison Marbury, one of the appointees, petitions Supreme Court Chief Justice John Marshall; struck down Judiciary Act 1789…1 st time a law passed by Congress was challenged! 1 st time to decide that a law was unconstitutional

22. Marbury v. Madison The Supreme Court GAVE THEMSELVES the POWER of JUDICIAL REVIEW

24. Common Law The U.S. is a common law country – Evolving body of law determined by judges – As the law grows the principles expressed are tested and adapted to meet new situations. Ex. Public Opinion/Civil Right and Liberties

25. Precedent THE AMERICAN LEGAL SYSTEM IS BASED ON PRECEDENT: – Earlier cases set a standard to be followed in future cases.

26. Arguing before the Supreme Court

27. Supreme Court decisions Majority decision: 5 (or more) justices determine outcome; publish reasoning for decision Majority opinion: Outlines legal precedent & logic for decision Dissenting opinion: Strongly oppose majority decision Concurring opinion: Agree with majority but for different reasons

28. Supreme Court decisions How do you decide what is constitutional? STRICT interpretation? Or Loose? Judicial activism: Rulings suspected of being based on personal or political considerations rather than on existing law

29. Significant Supreme Court Cases The last word Considers cases with the most difficult legal questions These cases have the greatest public & constitutional importance Decision have lasting impact Power to shape society

30. Example: Zobel v. Williams 1968: largest oil field yet discovered in N. Am found on Alaska’s North Slope (state land) 1970’s energy crisis

31. Zobel v. Williams To try and keep some of the oil wealth in the state, Alaska decided to deposit a % of revenue in a “permanent fund” State Legislature decided to distribute $ to each state resident based on HOW LONG the individual had lived in the state Zobel’s sued (new to Alaska), plan violated their right to equal protection of the law (14 th Amendment)

32. 14 Amendment: Equal protection clause No State shall... deny to any person within its jurisdiction the equal protection of the laws. Main legal point of Zobel v. Williams

34. Reconstruction era amendments 13 th : Abolish slavery (1865) 14 th : Citizenship rights & equal protection (1868) 15 th : Right to vote not denied by race (1870) *States are still passing laws that restricted rights of former slaves -Jim Crow Laws (Post 1877) -Separate but equal in public facilities

35. Discrimination: Suffrage (the right to vote) Poll taxes (pay tax in order to vote); disenfranchises poor, “grandfather clause” Literacy tests (formally began 1890 – 1960’s)

36. Alabama Voter Literacy tests (1965) Part A: Read portions of Alabama State Constitution Registrar picks section, marks how many he believes you mispronounce. Explain meaning of section. Then, either copy out a section OR copy from dictation Registrar decides is you are literate; no appeal Example: Section 20: “That no person shall be imprisoned for debt.”

37. Alabama Voter Literacy tests (1965) Example: SECTION 260: The income arising from the sixteenth section trust fund, the surplus revenue fund, until it is called for by the United States government, and the funds enumerated in sections 257 And 258 of this Constitution, together with a special annual tax of thirty cents on each one hundred dollars of taxable property in this state, which the legislature shall levy, shall be applied to the support and maintenance of the public schools, and it shall be the duty of the legislature to increase the public school fund from time to time as the necessity therefor and the condition of the treasury and the resources of the state may justify; provided, that nothing herein contained shall be so construed as to authorize the legislature to levy in any one year a greater rate of state taxation for all purposes, including schools, than sixty-five cents on each one hundred dollars' worth of taxable property; and provided further, that nothing herein contained shall prevent the legislature from first providing for the payment of the bonded indebtedness of the state and interest thereon out of all the revenue of the state.

38. Parts B & C Two sets of four written questions Example: Does the population of the state affect the amount of individual or corporate income taxes which may be levied on its citizens?

40. Landmark Court Cases Plessy v. Ferguson (1896) -Racial Segregation “Separate but equal” -Court endorsed Jim Crow Laws -The use of race as a decisive factor for exclusion in public matters was acceptable. Brown v. Board of Education (1954) -Supreme court stated that “separate but equal” was not constitutional.

41. The Civil Rights Acts Legislative response Civil rights acts were passed shortly after the Brown vs. Board of Ed. Decision Prohibited discrimination in public places, provided for the integration of schools and other public facilities, and made employment discrimination illegal. Outlawed discriminatory voting principles: » Poll taxes (banned by the 24 th amendment) » Literacy tests » Whites-only primaries » Grandfather clauses—prevented those from voting whose grandfathers had not voted in the past » Property owning qualifications

42. Supreme Court Extremely important role Ensures each branch of government recognizes the limits of its own power Protects civil rights and liberties by striking down laws that violate the Constitution. Sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities.

43. Landmark cases Brown v Board of Education Gideon v Wainwright Miranda v. Arizona New Jersey v. T.L.O California v. Ciraolo