1. Judicial Branch Unit Chapters 18-21 Wednesday January 12 To Develop a Better understanding of the Judicial Branch

2. The United States Judicial Branch of Government “the least dangerous branch of government” Alexander Hamilton “It is emphatically the province and duty of the judicial branch to say what the law is” Chief Justice John Marshall 1803

3. Fundamentals Under the Articles of Confederation (1781-1787) there was no federal court system—only state courts Under the Articles of Confederation (1781-1787) there was no federal court system—only state courts Today there are 51 separate judicial systems in the United States: One for each state and a separate system for the federal government Today there are 51 separate judicial systems in the United States: One for each state and a separate system for the federal government 95% of all court cases are heard in state courts- --5% of all cases end up in federal court system 95% of all court cases are heard in state courts- --5% of all cases end up in federal court system The only court created in the Constitution is the Supreme Court—all others have been created by Congress The only court created in the Constitution is the Supreme Court—all others have been created by Congress

4. Jurisdiction Jurisdiction—the authority of a court to hear a case Jurisdiction—the authority of a court to hear a case Exclusive Jurisdiction---Case can only be heard in one particular court Exclusive Jurisdiction---Case can only be heard in one particular court Concurrent Jurisdiction---state and federal courts both could hear the case (ex. Bank robbery) Concurrent Jurisdiction---state and federal courts both could hear the case (ex. Bank robbery) Original Jurisdiction---a court is the first court to hear a case Original Jurisdiction---a court is the first court to hear a case Appellate Jurisdiction---a court hears a case from a lower court on appeal Appellate Jurisdiction---a court hears a case from a lower court on appeal

5. Federal Jurisdiction—THE QUESTION OF WHO, WHAT, AND WHERE must be asked. 1. What?--- If the subject matter of the case deals with the Constitution, a treaty, or any law passed by Congress 2. Where?---If the subject matter of the case deals with matters arising on the high seas or navigable waters of the U.S. or property of the federal government like a national park

6. 3. Who is involved? A. One of the parties involved are U.S. government officials b. One of the parties involved is an ambassador or foreign minister c. If both parties involved are U.S. States d. If the parties involved are from the same state where both claim land in a different state

7. Federal Court System District Courts :94 District Courts :94 (Downtown Tacoma) (Downtown Tacoma) Circuit Courts of Appeals 13 (12 regional + D.C.) Circuit Courts of Appeals 13 (12 regional + D.C.) Supreme Court (1) Supreme Court (1)

9. United States District Courts Federal Trial Courts of original jurisdiction. These courts hear both civil and criminal cases criminal: accused by gov’t/violating a law civil: two private groups involved District Courts handle 80% of all federal cases. (300,000 cases a year) 94 Federal District Courts nation wide that are divided into 13 regions (circuits) Over 600 judges preside over these courts

10. Recent District Court Decision In a Federal District Court in California recently a Judge ruled that students would no longer have the opportunity to say the Pledge In a Federal District Court in California recently a Judge ruled that students would no longer have the opportunity to say the Pledge The District Court Judge felt that the inclusion of “God” in the pledge was a violation of the 1 st. Amendments prohibition on state sponsored religion The District Court Judge felt that the inclusion of “God” in the pledge was a violation of the 1 st. Amendments prohibition on state sponsored religion The case will be appealed to the Federal Circuit Court of Appeals and then probably to the Supreme Court The case will be appealed to the Federal Circuit Court of Appeals and then probably to the Supreme Court

11. Federal Circuit Courts Created by Congress in 1891 to reduce the work load of the Supreme Court. Created by Congress in 1891 to reduce the work load of the Supreme Court. Only has appellate jurisdiction. Only has appellate jurisdiction. They hear 55,000 cases a year. They hear 55,000 cases a year. Usually hear appeals from District Courts. Usually hear appeals from District Courts. 13 of these courts nationwide. 13 of these courts nationwide. Approximately 180 judges (One of them was Judge Roberts). Approximately 180 judges (One of them was Judge Roberts). Judges usually hear cases in panels of three. (en banc) Judges usually hear cases in panels of three. (en banc) Judges are appointed by the President with the consent of the Senate for life. Judges are appointed by the President with the consent of the Senate for life.

12. United States Supreme Court Made up of 8 Associate Justices and one Chief Justice = total of 9. Made up of 8 Associate Justices and one Chief Justice = total of 9. Sometimes called “court of last resort” Sometimes called “court of last resort” Justices appointed by the President with consent from the Senate for life terms. Justices appointed by the President with consent from the Senate for life terms. Has both original and appellate jurisdiction, but almost always hears cases on appeal. Has both original and appellate jurisdiction, but almost always hears cases on appeal. Originally there were only 6 Justices, but by 1869 we settled on 9. (FDR—attempted to pack court in 1937) Originally there were only 6 Justices, but by 1869 we settled on 9. (FDR—attempted to pack court in 1937)

13. Pay for Federal Court Judges and Justices Chief Justice $202,900 Chief Justice $202,900 Associate Justices $194,200 Associate Justices $194,200 Federal Circuit Court of Appeals judges get $164,100 Federal Circuit Court of Appeals judges get $164,100 Federal District Court Judges get $154,700 Federal District Court Judges get $154,700

14. How does the Supreme Court decide to hear a case???? Friday January 14, 2016 The Rule of Four----at least four justices must agree to hear a case before it is accepted. The Rule of Four----at least four justices must agree to hear a case before it is accepted. Writ of Certiorari----directs lower court to send up record of the case for review. Writ of Certiorari----directs lower court to send up record of the case for review. If you appeal a case to the Supreme Court you are asking the Justices for a writ of “cert”---most are denied. If you appeal a case to the Supreme Court you are asking the Justices for a writ of “cert”---most are denied. The Supreme Court will not usually hear a case unless it raises some important Constitutional question.

15. Judicial Review and the Supreme Court Established in 1803 in the case Marbury v. Madison Established in 1803 in the case Marbury v. Madison Establishes that the Supreme Court has the power to determine if actions of government are unconstitutional. Establishes that the Supreme Court has the power to determine if actions of government are unconstitutional.

16. How does a case arrive at the Supreme Court? 1. From one of the 50 State Supreme Courts 2. From one of the Circuit Courts of Appeal

17. 2016 SUPREME COURT

18. U.S. Supreme Court Antonin Scalia Associate Justice Antonin Scalia, 77 years old, appointed by Ronald Reagan. Associate Justice Antonin Scalia, 77 years old, appointed by Ronald Reagan. Considered one of the four conservatives on the court. Considered one of the four conservatives on the court.

19. U.S. Supreme Court Anthony Kennedy Associate Justice Anthony Kennedy, 78 years old, appointed by Ronald Reagan. Associate Justice Anthony Kennedy, 78 years old, appointed by Ronald Reagan. Considered a conservative, but has voted moderate. (SWING VOTE) Considered a conservative, but has voted moderate. (SWING VOTE) Voted for Bush in Bush v. Gore 2000 Voted for Bush in Bush v. Gore 2000

20. U.S. Supreme Court Clarence Thomas Associate Justice Clarence Thomas, 67 years old, appointed by George H.W. Bush. Second African American appointed to Supreme Court (Thurgood Marshall was first) Associate Justice Clarence Thomas, 67 years old, appointed by George H.W. Bush. Second African American appointed to Supreme Court (Thurgood Marshall was first) Considered one of the conservatives on the court. Considered one of the conservatives on the court.

21. U.S. Supreme Court Ruth Bader Ginsburg Associate Justice Ruth Bader Ginsburg, 80 years old, appointed by Bill Clinton. Associate Justice Ruth Bader Ginsburg, 80 years old, appointed by Bill Clinton. Considered one of the liberals on the court - possibly most liberal. Considered one of the liberals on the court - possibly most liberal.

22. Supreme Court Stephen Bryer Associate Justice Stephen Breyer, 75 years old, appointed by Bill Clinton. Associate Justice Stephen Breyer, 75 years old, appointed by Bill Clinton. Considered one of the liberals on the court. Considered one of the liberals on the court.

23. U.S. Supreme Court Sam Alito 64 years old appointed by George W. Bush 2006. Alito was unanimously confirmed by voice vote by the U.S. Senate Alito tends to be more conservative than liberal

24. U.S. Supreme Court Sonia Sotomayor First Hispanic justice First Hispanic justice third female third female 59 years old 59 years old nominated by President Barack Obama 2009 nominated by President Barack Obama 2009 Considered more a liberal, but moderate Considered more a liberal, but moderate

25. U.S. Supreme Court Elena Kagan 112th justice and fourth female justice. Youngest justice at 54 years old. Served as legal advisor to President Clinton Appointed by President Barack Obama 2010. Considered more liberal, but moderate

26. U.S. Supreme Court Chief Justice John Roberts Chief Justice John Roberts Chief Justice John Roberts 60 years old 60 years old The first appointment that President George W. Bush had the opportunity to make. Roberts is considered a conservative. The first appointment that President George W. Bush had the opportunity to make. Roberts is considered a conservative.

27. How does the Supreme Court make decisions? Sometimes Justices hear oral arguments before the Supreme Court. Each side gets 25 minutes to speak. Sometimes Justices hear oral arguments before the Supreme Court. Each side gets 25 minutes to speak. Justices will independently review evidence and render an opinion. Justices will independently review evidence and render an opinion. Months usually pass before a decision is reached. (Can speed up ie Bush v Gore 2000) Months usually pass before a decision is reached. (Can speed up ie Bush v Gore 2000)

28. Opinions Majority Wins!!!! Majority Wins!!!! Majority opinion—the official written opinion of the court (Usually by senior member). Majority opinion—the official written opinion of the court (Usually by senior member). Dissenting Opinion---when a justice or justices disagree with the majority and want to explain why Dissenting Opinion---when a justice or justices disagree with the majority and want to explain why

29. Special Courts—courts created by Congress to hear certain cases 1. The Court of Federal Claims— government may not be sued without its consent. Court set up in 1855 to hear civil claims against the U.S. Government. 16 Judges with 15 year terms, hear cases through out the country. 2. U.S Tax Court---hears civil cases dealing with taxes. 3. Court of International Trade---hears civil cases arising out of tariff and other trade related laws.

30. Special Courts Continued 4. Territorial Courts---Courts set up by Congress for U.S. territories such as Guam, and Virgin Islands. 5. Court of Appeal for Veterans Claims--- hears appeals from the decisions made by the Department of Veterans Affairs. Usually having to do with Veterans Claims. 6. Court of Appeals for the Federal Circuit - hears appeals from Court of International trade, Court of Federal Claims, Court of Appeals for Veterans Claims.

31. Special Courts continued 7. Military Courts---Court martial—conducted by military. 8. Court of Military Appeals—appeals court for Military Court. Civilian judges. ALL APPEALS FROM SPECIAL/MILITARY APPEALS COURTS GO TO SUPREME COURT !!!!!!