The Federal Judicial System: Applying the Law

US SUPREME COURT JUSTICES

U.S. Constitution Federal Judges and Supreme Courts Justices Article III Section 1 The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office. Article II Section 2 He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law:

The Federal Judicial System The Supreme Court of the United States Original Jurisdiction Authority to be the first court to hear a case Legal disputes involving foreign diplomats

The Federal Judicial System Appellate Jurisdiction Authority to review cases that have already been heard in lower courts and are appealed to the higher court by the losing party Appellate courts, do not retry cases, they determine whether a trial acted according with applicable law

The Federal Judicial System Selecting and Deciding Cases Precedent Judicial decision that serves as a rule for settling subsequent cases of a similar nature Writ of Certiorari The losing party in a lower court system explains in writing why its case should be ruled on by the Court Four out of nine justices must agree to accept a particular case before a writ is granted Judicial Conference Attended only by the 9 justices Proceedings are strictly confidential After discussions, the justices vote on the case

The Federal Judicial System Opinion Explains the reasons behind the decision Most important part of the SC ruling because it informs others of the justices’ interpretation of laws Majority Opinion Written opinion of the majority of the Court’s justices stating the reasoning underlying their decision on a case Concurring Opinion Dissenting Opinion A written opinion of one or more justices who disagree with the majority’s decision & opinion

The Federal Judicial System Other Federal Courts U.S. District Courts Lowest federal courts Over 90 federal district courts with about 800 judges U.S. District Court of Appeals (12 general appeals court) Appellate courts (2nd level) No juries, no new evidence submitted Review decisions of lower court records Special U.S. Courts U.S. Claims Court, U.S. Court of Military Appeals

NOMINATION PROCESS Most nominees are expected to have prior judicial or governmental experience. Presidents seek to apt individuals who share policy preferences. Religion Gender Ideology

Confirmation Process Senate has the power of “Advice and Consent” to approve all presidential nominees to federal bench Senate Judiciary Committee Investigates the nominee, holds hearing, and votes on recommendation for Senate action Committee may reject a nominee or send nominee to full Senate for a vote Full Senate debates on nominee before voting Simple majority required for confirmation

The Nature of Judicial Decision Making Statutes, Administrative Laws, and their Interpretations Federal statues are laws passed by Congress that all federal courts have to follow Most criminal acts and civil actions are covered by laws (statues) created by state legislatures or government agencies Legal Precedent (Previous Rulings) and their Interpretations Court’s decision on a case should be consistent with previous judicial rulings Stare decisis is the doctrine that principles of law, once established, should be accepted as authoritative in all subsequent similar cases

Judicial Power and Political Government The Debate Over the Proper Role of the Judiciary The Doctrine of Judicial Restraint Courts should allow the decisions of other branches of government to stand, even if offends a judge’s own principles. The Doctrine of Judicial Activism Judges should use their power broadly to further justice and personal liberty. “Legislating from the bench”