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Government, Chapters 11 and 12 The Judicial Branch Government, Chapters 11 and 12

Powers of the Federal Courts! Initially Courts played a minor role! Chief Justice John Marshal 1801-1835, increased the courts powers Jurisdiction- Authority to hear cases Concurrent jurisdiction Original jurisdiction Appellate jurisdiction

Developing Supreme Court Power! Marbury v. Madison- judicial review 1803 McCulloch v. Maryland- implied powers 1819 Gibbons v. Ogden- commerce powers 1824 Dred Scott v. Sandford- Shift to State power 1856

Lower Federal Courts! 94 District Courts Grand Jury, 16-23 people, rule to go ahead with charges or not. Petit Jury, 6-12, hear the case and make a ruling. 80% of all federal cases heard here Few appealed

Lower Federal Courts! 12 judicial circuits, Appellate Courts 1 National Court of Appeals Legislative courts U.S. court of Federal Claims U.S. Tax court Territorial Courts Court of Veterans’ Appeals

Selection of federal Judges! Appointed for life Nominated by the President, Senate confirms. Party affiliation important Senatorial courtesy, Senator from the state being appointed objects to a district judge, no confirmation

The Supreme Court! Has both Original and Appellate jurisdiction 9 Justices today, no amount set in the Constitution. Duties have developed over time. One assigned to each circuit to hear appeals

The Supreme court at work! 9 month session, October-June. Two weeks of hearing cases Render an opinion, written statements on the decision 2000, 8,900 cases appealed, 83 cases heard

How cases Reach the Court! Writ of Certiorari- Order from the court to send up paperwork from lower court. No reason given for rejecting cases. Lower decision stands Stare Decisis Solicitor General- Represents the Federal government Decides to appeal or not.

How cases Reach the Court! Selecting Cases Clerks read petitions and summarize. If chosen by a Justice goes to the discuss list 2/3rds do not make it Friday Conference of Justices to choose Rule of Four- Four agree to hear a case it is heard by the court.

Deciding Major Cases! Briefs submitted- legal arguments Amicus curiae briefs- Outside information about the case. Oral Arguments 30 minutes for each side Justices interrupt, question etc. Strict time limit Formally informal

Deciding Major Cases! The Conference Wednesdays and Fridays Only the nine, no minutes kept Writing the Opinion Unanimous opinion Majority Opinion Concurring Opinion Dissenting Opinion

Shaping Public Policy! 1. Using Judicial Review Miranda v. Arizona- police acted unconstitutionally 2. Interpreting the meaning of laws PGA Tour, Inc. v. Martin 3. Overruling or reversing its previous decisions Plessy v. Ferguson, Brown v. Board of Education

Shaping Public Policy! Limited control over Agenda- Only decides cases that come from elsewhere. Lack of Enforcement- Executive Branch must support the decision

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