2 Creation of a National Judiciary In the times of the Articles of Confederation there were no national courtsCourt decisions in one state was most likely denied in other statesA National Judiciary established by Article III of the Constitution“the judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish”
3 US Constitution: A Dual Court System The US has two separate courtsFederal CourtsState Courts
4 Jurisdiction: Who gets to Hear and Decide a Case Plaintiff: person making legal complaintDefendant: person against whom the case will be triedIf a case can only be heard by federal courts it has exclusive jurisdictionIf the State and Federal courts both hear a case it has concurrent jurisdiction
5 Original and Appellate Jurisdiction A court in which a case is first heard has original jurisdictionA court that hear a case on appeal from a lower court has appellate jurisdictionThe appellate court can uphold or overrule a decision from a lower court
6 Two Kinds of Federal Courts Judiciary Act of 1789: Proposed a 3 tier structure for the Federal CourtsFederal Courts are divided intoSupreme CourtInferior CourtsInferior Courts are divided intoThe Constitutional CourtsThe Special Courts
8 Appointment of Federal Judges Appointed by President with Senate consentUsually from President’s political partySenatorial Courtesy-a senator from the same state as the nominee may block the nomination for any reason.Confirmation begins in Senate Judiciary Committee
9 TermsThe judges of the constitutional courts are appointed for life – until they resign, retire or die in officeThe judges of the special courts serve 15 year termsCan be impeached by Congress
10 Pay Congress controls the pay of Judges Both House and Senate versions of the bill call for the same pay increases.District court judges' salaries would go from $165,200 to $218,000;appeals court judges would rise from $175,000 to $231,000Supreme Court associate justices would go up from $203,000 to $267,900.The chief justice's salary would go from $212,000 to $279,000.
11 BenefitsThey may retire at the age of 70 if they served at least 10 yearsThey will receive full salary for the rest of their livesThe Chief Justice may call any retired judge back to temporary duty in a lower court at any time
12 Inferior Court System Federal District Courts US Court of Appeals Created by Judiciary act of 1789600 judges hear50 states divided into 89 federal districtsHear both criminal and civil casesUS Court of AppealsHears appeals from District Courts
13 US Court of AppealsCreated in 1891 by Congress to relieve the Supreme Court’s overloaded docketCurrently separated into 12 different courts(circuits)Each court is assigned 12 judges to hear cases in their assigned circuitsEach court also has a Supreme Court Justice assigned to oversee cases3 judges required to provide ruling3 year wait for S.C.
14 Review Why was a national court system formed? Inferior Courts are divided into what two courts?What's the difference between exclusive and concurrent jurisdiction?What is the difference between original and appellate jurisdiction?
16 Supreme CourtThe Supreme Court is the only court established by the constitution (Article III)Composed of 1 Chief Justice (John Roberts) and 8 Associate Justices
17 How Cases Reach the Court Over 8,000 cases a year are appealed to the Supreme CourtOnly a couple hundred are heard because they already agree with a decision of a lower courtRule of 4- In order for the Supreme Court to hear a case, 4 of 9 justices must agree to hear the case
18 How Cases Reach the Court Most cases reach the Supreme Court by writ of certiorari (Latin meaning “to be made more certain”)A writ is an order by the Court directing a lower court to send up the record in a given case for its review
19 How Cases Reach the Court A few cases reach the Court in yet another way, by certificateThis process is used when a lower court is not clear about the procedure of the rule of law that should be applied in a case
20 Oral ArgumentsThe Supreme Court hear arguments on Monday – Wednesday & sometimes ThursdayLawyers arguments are always limited to 30 minThe Court hears oral arguments for 2 weeks; they then recess for two weeks to consider the cases
21 Opinions The Courts decision is often called the majority opinion. It announces the Court’s decision in a case and sets out reasoning on which it was basedThe majority opinions stand as precedents, or examples to be followed in future cases
22 OpinionsJustices may add or emphasize a point that was not made in the majority opinion with a concurring opinionOne or more dissenting opinions are written by justices who do not agree with the court’s decision
23 Judicial Restraint vs. Judicial Activism Judge should interpret const. based on framers’ intentLaws only overturned if clear violation of Const. original meaningdefer to the actions of the Executive and Legislative branch in making decisions unless case is clear violation of Constitution. Don’t believe in “making law from the bench”Judicial Activism:Judge can adapt the meaning of the const. to meet demands of modern realitiesBelief that Constitution is a living document that evolves with the timesjudge often use position to promote desirable social ends
25 Highlights of Supreme Court History The Marshall CourtHeaded by Chief Justice John MarshallMarburry vs. Madison (1803)- establishes principal of Judicial ReviewMcCulloch v. Maryland-expand implied powers through interpretation of necessary and proper clauseGibbons v. Ogden (1824)- asserted federal govt’s power to regulate commerce
26 Dred Scott v. Sandford (1857)- Scott (a slave) sued for his freedomTaken to free territory of Illinois by ownerSupreme Court ruled that he was still a slave and that slaves were never envisioned to become citizensPlessy v. FergusonDiscrimination/Segregation case that established Separate but Equal doctrine that fueled segregation in the South until 1954
27 The Court and The New Deal In the 1930’s the court clashes over FDR’s New Deal programsFDR proposed a law that would allow him to add 6 new Justices to the Supreme Court“Attempt to “pack the Court” met with fierce resistance, FDR withdraws but due to his lengthy time as President, appoints many liberal justices
28 The Warren Court ( )16 year period led by Chief Justice Earl WarrenMany justices were FDR appointeesSeen as very liberal, judicial activist period of courtBrown v. Board of Education (1954)- overturns Plessy’s “Separate but Equal” doctrine/ makes segregation illegalExpanded rights of people accused of crimes (Miranda v. Arizona)Ended prayer in public schools