Judicial Branch Interpret and Apply the Law

Creating National Judiciary Two Separate Court Systems Two Separate Court Systems National System National System Each state has own court system-majority Each state has own court system-majority Two Types of Federal Courts Two Types of Federal Courts Constitutional Courts Constitutional Courts Appeals, district, International Trade Appeals, district, International Trade Special Courts Special Courts Appeals for Armed Forces, Veterans Appeals, Tax Appeals for Armed Forces, Veterans Appeals, Tax

Jurisdiction of Federal Courts Subject Matter Subject Matter Provision of Const, treaty, federal statute Provision of Const, treaty, federal statute High seas or maritime law High seas or maritime law Parties Involved Parties Involved US govt or one of its officials US govt or one of its officials Ambassador, consul, or rep of foreign govt Ambassador, consul, or rep of foreign govt State suing another State, foreign govt, etc State suing another State, foreign govt, etc Citizen of one State suing one of another State Citizen of one State suing one of another State Amer citizen suing foreign govt or citizen Amer citizen suing foreign govt or citizen Citizen of same state suing over claims to land Citizen of same state suing over claims to land

Types of Jurisdiction Exclusive Jurisdiction Exclusive Jurisdiction Cases only heard fed courts Cases only heard fed courts Concurrent Jurisdiction Concurrent Jurisdiction Cases heard by either state or fed court Cases heard by either state or fed court Original Jurisdiction Original Jurisdiction Court that has right to hear case first Court that has right to hear case first Appellate Jurisdiction Appellate Jurisdiction Court that hears case appealed from lower crt Court that hears case appealed from lower crt

Federal Courts Appointment Appointment By President and confirmed by Senate By President and confirmed by Senate Usually from same political party Usually from same political party Terms and Number Terms and Number Life Terms Life Terms 9 Supreme Court judges 9 Supreme Court judges Court Officers Court Officers Clerks, bailiffs, stenographers, magistrates, Clerks, bailiffs, stenographers, magistrates,

Inferior Courts District Courts-94 courts=678 judges District Courts-94 courts=678 judges 80% of federal cases 80% of federal cases Each state at least one court=at least 2 judges per Each state at least one court=at least 2 judges per Civil and criminal cases Civil and criminal cases Original Jurisdiction Original Jurisdiction Grand and petit juries Grand and petit juries Court of Appeals-12 courts=179 judges Court of Appeals-12 courts=179 judges “Gatekeeper”-set up in 1891 “Gatekeeper”-set up in 1891 Sup Crt justice assigned to each Sup Crt justice assigned to each 3 judge panels for most cases 3 judge panels for most cases Cases appealed from district courts-appellate juris. Cases appealed from district courts-appellate juris. Other appeals-Tax Court, territorial courts, etc Other appeals-Tax Court, territorial courts, etc

Court of Appeals

Other Constitutional Courts Court of International Trade Court of International Trade Cases on tariffs and trade related laws Cases on tariffs and trade related laws Trials held in major port cities Trials held in major port cities Court of Appeals for the Federal Circuit Court of Appeals for the Federal Circuit Nationwide jurisdiction Nationwide jurisdiction Centralizes appeals process for certain cases Centralizes appeals process for certain cases Appeals from Trade Court, VA, Claims Court Appeals from Trade Court, VA, Claims Court Appeals on trademarks, patents, copyrights Appeals on trademarks, patents, copyrights

Powers of Supreme Court Control over caseload: Selects cases based on important Constitutional questions Control over caseload: Selects cases based on important Constitutional questions Check & Balance legislative: Declare laws unconstitutional Check & Balance legislative: Declare laws unconstitutional Importance Importance Set precedent for all cases that come later Set precedent for all cases that come later Final authority on meaning of Constitution Final authority on meaning of Constitution Often impact everyday lifes of citizens Often impact everyday lifes of citizens Jurisdiction Jurisdiction Original and appellate jurisdiction Original and appellate jurisdiction

Supreme Court Reaching the Court Reaching the Court “Rule of Four”-4 of 9 judges agree to hear a case “Rule of Four”-4 of 9 judges agree to hear a case Writ of certiorari-order to send up record to SC Writ of certiorari-order to send up record to SC Certificate-lower court not clear about law Certificate-lower court not clear about law At Work At Work Oral Arguments-limited to 30 min Oral Arguments-limited to 30 min Briefs-written documents w/ detailed support Briefs-written documents w/ detailed support Amicus-briefs from people w/ special interest Amicus-briefs from people w/ special interest Solicitor General-represents US in SC Solicitor General-represents US in SC Conference-meeting of justices=Wed/Fri Conference-meeting of justices=Wed/Fri

Supreme Court Opinions Majority Opinion Majority Opinion Written statement by the majority of the judges that explains why they ruled that way Written statement by the majority of the judges that explains why they ruled that way Concurring Opinion Concurring Opinion Written statement of those who agree with majority that make a point not made in majority opinion Written statement of those who agree with majority that make a point not made in majority opinion Dissenting Opinion Dissenting Opinion Written explanation of the views of judges who disagree with a decision reached by majority Written explanation of the views of judges who disagree with a decision reached by majority

Special Courts US Claims Court-case vs US govt US Claims Court-case vs US govt Only be sued if it gives its consent Only be sued if it gives its consent Territorial Courts-local courts Territorial Courts-local courts Courts of the District of Columbia Courts of the District of Columbia Court of Military Appeals Court of Military Appeals Civilian judges for court of last resort Civilian judges for court of last resort Appeals from court-martial convictions Appeals from court-martial convictions Court of Veterans Appeals-mishandled cases Court of Veterans Appeals-mishandled cases US Tax Court US Tax Court Civil cases involving disputes of tax laws Civil cases involving disputes of tax laws

Bill of Rights First ten amendments added right after Constitution was ratified First ten amendments added right after Constitution was ratified Purpose to protect the rights of all – especially minorities Purpose to protect the rights of all – especially minorities Those rights not specifically listed still belong to the people (Amendment 9) Those rights not specifically listed still belong to the people (Amendment 9)

Unalienable Rights DOI & Const guarantee rights/liberties DOI & Const guarantee rights/liberties Civil Rights-acts of govt of Const rts for all Civil Rights-acts of govt of Const rts for all Civil Liberties-protection against govt Civil Liberties-protection against govt Govt is limited-only do what people allow Govt is limited-only do what people allow Relativity of Individual Rights Relativity of Individual Rights My rights can’t infringe on rights of others My rights can’t infringe on rights of others Rights are relative to rights of all others Rights are relative to rights of all others Rights guaranteed to all Rights guaranteed to all Aliens don’t get all the rights Aliens don’t get all the rights

First Amendment Freedom of Religion Freedom of Religion Freedom of Speech Freedom of Speech Freedom of the Press Freedom of the Press Freedom of Assembly Freedom of Assembly Freedom of Petition Freedom of Petition

Separation of Church & State Establishment Clause: a wall separating church & state Establishment Clause: a wall separating church & state Released Time Released Time Release public school students for rel classes Release public school students for rel classes Prayers and the Bible Prayers and the Bible Can’t forcibly recite prayer in public schools Can’t forcibly recite prayer in public schools Student Religious Groups Student Religious Groups Allowed w/ same terms as other school groups Allowed w/ same terms as other school groups Evolution Evolution Allows for teaching of evolution Allows for teaching of evolution

Church & State Seasonal Displays Seasonal Displays Ok if they are part of nonreligious display Ok if they are part of nonreligious display Chaplains in Congress Chaplains in Congress Legislators not susceptible to peer pressure Legislators not susceptible to peer pressure Tax Exemptions Tax Exemptions Can be denied if discrimination found Can be denied if discrimination found State Aid to Parochial Schools State Aid to Parochial Schools Must be used for secular items-textbooks, labs, etc Must be used for secular items-textbooks, labs, etc Release some burden for parents-paying tuition & tax Release some burden for parents-paying tuition & tax

More on Religion Free Exercise Clause Free Exercise Clause Right to believe whatever you want in rel Right to believe whatever you want in rel Must not violate social duties or subvert order Must not violate social duties or subvert order Lemon Test-test for aid to rel affiliations Lemon Test-test for aid to rel affiliations Purpose must be secular Purpose must be secular Can’t advance or inhibit religion Can’t advance or inhibit religion Avoid “excessive entanglements w/ govt & rel Avoid “excessive entanglements w/ govt & rel

Freedom of Press Reasonable limits Reasonable limits Intended to protect unpopular views Intended to protect unpopular views Restrictions against libel or slander Restrictions against libel or slander Obscenity Obscenity Not protected by 1 st or 14 th Not protected by 1 st or 14 th Prior Restraint Prior Restraint Can’t curb ideas before expressed Can’t curb ideas before expressed Can to protect national security Can to protect national security Confidentiality Confidentiality Shield Laws-protect reporters’ sources Shield Laws-protect reporters’ sources

Freedom of Speech Motion Pictures Motion Pictures Not subject to federal regulations Not subject to federal regulations Ratings system done by industry-G, PG, PG-13, R Ratings system done by industry-G, PG, PG-13, R Radio and Television Radio and Television Fed regulation because use public airwaves Fed regulation because use public airwaves Federal Communications Commission Federal Communications Commission Symbolic Speech Symbolic Speech Expression by conduct Expression by conduct Commercial Speech Commercial Speech False/misleading advertising is illegal False/misleading advertising is illegal

Freedom of Expression & National Security Punishable Acts Punishable Acts Espionage, sabotage, treason Espionage, sabotage, treason Only crime specifically listed in Con: Treason Only crime specifically listed in Con: Treason The Alien and Sedition Acts-1798 The Alien and Sedition Acts-1798 Made criticism of govt illegal Made criticism of govt illegal Allowed Pres to deport aliens Allowed Pres to deport aliens Seditious Acts in Wartime Seditious Acts in Wartime Crime to encourage disloyalty Crime to encourage disloyalty Crime to interfere w/ draft Crime to interfere w/ draft Schenck v. US- “Clear and present danger” Schenck v. US- “Clear and present danger”

Freedom of Assembly and Petition Constitution’s Guarantees Constitution’s Guarantees Organizing to influence public policy Organizing to influence public policy Can’t endanger life, property, or public order Can’t endanger life, property, or public order Time-Place-Manner Regulations Time-Place-Manner Regulations Demonstrations on Public Property Demonstrations on Public Property Advanced notice & permits Advanced notice & permits If peaceful, can’t be punished for disorderly conduct If peaceful, can’t be punished for disorderly conduct Right of Assembly and Private Property Right of Assembly and Private Property Freedom of Association-no discrimination Freedom of Association-no discrimination