1. Civics: Government and Economics in Action 1 The Judicial Branch

2. Civics: Government and Economics in Action 2 “The Role of the Federal Courts”

3. Civics: Government and Economics in Action 3 Laws and Courts Judicial Branch Components –The Supreme Court and more than 100 other federal courts. Disputes involving laws are resolved in the legal system

4. Civics: Government and Economics in Action 4 What Courts Do The Parties in a Conflict: –Plaintiff: Individual or group bringing a complaint against another party. –Defendant: The party who answers the complaint and defends against it. –Prosecution: A government body, brings a criminal charge against a defendant accused of breaking one of its laws. –Defense: The legal representation for the defendant

5. Civics: Government and Economics in Action 5 What Courts Do (cont.) Members of the Court –Judge –Jury Interpreting the Law –Precedent Guideline for how all similar cases should be decided in the future.

6. Civics: Government and Economics in Action 6 State Courts and Federal Courts Jurisdiction –Original Jurisdiction The authority to hear a case first –Appeal Asking a higher court to review the decision and determine if justice was done. –Appellate Jurisdiction The authority to hear an appeal Federal Cases –Cases involving Federal laws & appeals from State Cases.

7. Civics: Government and Economics in Action 7 “The Organization of the Federal Courts”

8. Civics: Government and Economics in Action 8 The District Courts The “workhorse” of the Federal Court System –94 District Courts –300,00 cases per year –80 percent of Federal cases –Between 1 and 28 judges may serve a District Court –Trials have witnesses and juries

9. Civics: Government and Economics in Action 9 The Courts of Appeals Court of Appeals –Handles appeals from the Federal Districts –Often called Circuit Courts –Twelve (12) regular Circuit Courts, –A thirteenth (13 th ) Court serves special federal courts and agencies of the Executive Branch. Trials –Three Judges who affirm or reverse the lower court’s decision. –No jury, no witnesses

10. Civics: Government and Economics in Action 10 The Supreme Court Highest Court in the Federal system –Purpose: to serve as the final court of appeals for both the state and federal court systems. Other Special Federal Courts –Court of Claims –Court of Customs –Court of Patent Appeals –Tax Court

11. Civics: Government and Economics in Action 11 Federal Court Judges Appointment –Federal judges appointed by President and approved by the Senate –Judges serve life terms; can only be removed by impeachment or resignation. –Nine (9) judges are appointed to The Supreme Court

12. Civics: Government and Economics in Action 12 “The Supreme Court”

13. Civics: Government and Economics in Action 13 (above) outgoing president John Adams (below) incoming president, Thomas Jefferson (left) Chief Justice of the Supreme Court, John Marshall Objective: To Examine Importance of Judicial Review. (review the players) (right) Secretary of State, James Madison

14. Civics: Government and Economics in Action 14 One of the first acts of the new administration Repeal Judiciary Act of 1789, which created a number of new judgeships. (a president’s legacy)

15. Civics: Government and Economics in Action 15 President Adams attempted to fill vacancies prior to the end of his term Many commissions were not delivered. One of the appointees, William Marbury, sued Secretary of State James Madison to force him to deliver his commission as a Justice of the Peace.

16. Civics: Government and Economics in Action 16 John Marshall, Chief Justice If the Court awarded Marbury writ of mandamus (order to force Madison to deliver commission) Jefferson administration would ignore it. Result: Significantly weaken authority of the courts.

17. Civics: Government and Economics in Action 17 On the other hand, if Court denied the writ, it would appear the Justices acted out of fear. Either decision demonstrated a denial of the basic principle of the Supremacy of the Law.

18. Civics: Government and Economics in Action 18 Justice Marshall's decision - Marbury V Madison a judicial tour de force. Marshall declared: –Madison should have delivered commission to Marbury –The Judiciary Act of 1789, giving Supreme Court power to issue writs of mandamus, exceeded authority given the Court under Article III of the Constitution Therefore; everything is null and void.

19. Civics: Government and Economics in Action 19 Critical importance of Marbury V Madison Re-establishes powers of Supreme Court. –First: Authority to declare acts of Congress, and by implication, acts of the President, unconstitutional, if they exceed the powers granted by the Constitution. –Second: More importantly, The Supreme Court became the arbiter (interpreter/decision maker) of The Constitution.

20. Civics: Government and Economics in Action 20 Final Results: – Judicial Review established. –The Supreme Court (Judicial Branch) now equal partner among the 3 branches of government.

21. Civics: Government and Economics in Action 21 Judicial Review - Summary Supreme Court Case: Marbury V Madison (1803) The Supreme Court, led by Chief Justice John Marshall, declared the Judiciary Act of 1789 to be unconstitutional. THEREFORE; Judiciary Act declared invalid. Marbury v. Madison - Established Judicial Review. (the power of federal courts to decide whether an act of Congress is constitutional or unconstitutional.) Judicial Review - established one of the most important powers of The Supreme Court.

22. Civics: Government and Economics in Action 22 The Justices Qualifications –None listed in the Constitution –The President selects justices from the most respected and qualified judges, lawyers, and legal scholars in the country.

23. Civics: Government and Economics in Action 23 The Work of the Supreme Court Selecting Cases –More than 8,000 requests are made per year, only about 100 cases are heard each year Hearing Arguments –Attorneys submit briefs, and make oral arguments before the court Making a Decision –The Justices vote and usually submit an opinion or written statement explaining the reasons for the decision.

24. 24 Step 1: Case filed and ruled upon in a federal court Step 2: Case is appealed to a federal court of appeal Step 3: Case is appealed to the Supreme Court. The Supreme Court either: Allows the lower court ruling to stand, or Sends the case back to the lower court to reconsider it, or Agrees to hear the case. Appealing A Case to the Supreme Court Back row (left to right): Sonia Sotomayor, Stephen Breyer, Samuel A. Alito, and Elena Kagan. Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John Roberts, Anthony Kennedy, Ruth Bader Ginsberg.

25. Civics: Government and Economics in Action 25 Influences on Judicial Decision Making Considerations: –Laws –The Constitution –Precedents Duties –Be fair and impartial –Respect precedent –Try to determine the intent of the Framers

26. Civics: Government and Economics in Action 26 A Changing Court Judicial Activism –An effort by judges to take an active role in policymaking by overturning laws relatively often. Judicial Restraint –An effort by judges to avoid overturning laws and to leave policymaking up to the other two branches of the government.

27. Civics: Government and Economics in Action 27 The Court and Other Branches of Government The President’s Power –Appointment of judges The Power of Congress –Confirmation of judges Citizen Participation