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The Judicial Branch of Government Article 3 of the Constitution
Federalism and Courts The power to establish courts is a concurrent power – both states and the federal government can establish courts
Types of Jurisdiction Original jurisdiction – the power to hear a case for the first time Appellate jurisdiction – the power to hear a case from a lower court or appeal a case
US District Courts Jury Trial (determine facts of the case; guilt or innocence) Witnesses Testify Original Jurisdiction 94 District Courts
US District Courts continued… Criminal and Civil Federal Cases Mecklenburg County is in the Western District Court of NC Also includes- The Court of International Trade The United States Court of Federal Claims
US District Courts continued… President appoints District Court Judges (Senate approves) Serve for life
US District Courts continued… Magistrate- Issues court orders Hears preliminary evidence Decides bail Hears minor cases US Attorney- Gov’t lawyers Marshall- Makes arrest Collects fines Takes convicted people to prison Protects jurors Keeps order Serves legal papers
US Court of Appeals Appellate jurisdiction 13 Total No jury trial 12 Courts of Appeal (Federal Appeals Courts, Circuit Courts) All same 1 Court of Appeals for Federal Circuit with Nationwide Jurisdiction No jury trial Panel of 3+ judges Judges appointed by President, approved by Senate for life
US Court of Appeals c0ntinued… Decide Appeals 3 ways Uphold the original decision Revise the decision Remand the decision (send it back to a lower court to be tried again) NC is part of the 4th District
Supreme Court Only 1 Supreme Court Original and Appellate Jurisdiction Term length is for life Qualifications– Appointed by the president, Appointment confirmed by the Senate No jury trial
Supreme Court continued… Total of 9 Supreme Court Justices Chief Justice– head of the Supreme Court and the federal judicial branch Associate Justices– 8 justices under the Chief Justice
Supreme Court continued… Cases heard by Supreme Court Cases that come through appeal Cases that deal with the Constitution
Supreme Court continued… Powers of Supreme Court Decide whether laws are constitutional- JUDICIAL REVIEW Interpret meanings of laws which can change the Constitution The Court can change the Constitution through its decisions Uses precedent- previous court cases are used to make decisions on similar cases
Which Supreme Court decision established the principle of Judicial Review? Marbury v. Madison (1803) For the first time in US History, the Supreme Court ruled that a law passed by Congress was unconstitutional. Supreme Court has the right to overturn previous laws and decisions!
Constitution is the Supreme Law of the Land Which 3 Principles of Judicial Review were set forth in Marbury v. Madison? Constitution is the Supreme Law of the Land Constitution always rules in any conflict with another law Judicial Branch must uphold the Constitution, so the Supreme Court can declare a law unconstitutional (Judicial Review)
How does a case get to the Supreme Court? Supreme Court Denies most cases appealed to the Court To select a case, 4 of 9 justices must agree to hear the case The Supreme Court decides less than 100 full cases/year Accepted cases go on the Court docket (calendar)
Supreme Court Justices Chief Justice John Roberts Jr.
Steps in A Supreme Court Case Acceptance Written Arguments (Briefs that explain one side of the case) Oral Arguments Conference – justices meet in private to consider the case Opinion Writing Majority (presents the views of the majority on the case) Dissenting (Justice who opposes the majority ruling) Announcement of the Decision
John G. Roberts, Jr. Born January 27, 1955 in Long Beach, Indiana Served in 1981 as a clerk for Supreme Court Justice William Rehnquist Worked as legal counsel for Presidents Reagan & Bush (41) Selected by Bush (43) to the DC Circuit Court of Appeals Current Chief Justice
John Marshall Chief Justice (1801-1835) Born in Germantown, Virginia in 1755 Joined the Continental Army in 1776 and served as an officer for George Washington No formal education; he attended some law lectures at College of William & Mary In 1782, he won election to the Virginia state legislature Starting in 1799, Marshall progressed from US Congressman to Secretary of State to Chief Justice of the Supreme Court Fourth Chief Justice of Supreme Court Chief Justice (1801-1835)
Thurgood Marshall 1st African American Born July 2, 1908 in Baltimore, Maryland 1933 law degree graduate from Howard University Started his own private law practice in 1933 Famous for arguing the Brown v. Board case from 1952-1954 and winning Appointed to the Supreme Court by LBJ in 1967 Served 24 years on the Court until his retirement in 1991 when he was replaced by Clarence Thomas First African American 1st African American
Sandra Day O’Connor 1st Woman Born March 26, 1930 in El Paso, Texas Undergraduate and Law degrees from Stanford University Served in Arizona as assistant attorney general, state senator, and as a superior court judge Governor of Arizona appointed her to the state court of appeals in 1979 President Reagan appointed her to the Supreme Court in 1981 as the first woman ever to be appointed Known as a swing vote in critical social matters such as abortion 1st Woman