Judicial Branch

Judicial Branch The courts serve as an impartial forum for resolution of disputes in both civil and criminal cases.

The American Legal System Criminal law Codes of behavior related to the protection of property and individual safety Civil law Codes of behavior related to business and contractual relationships between groups and individuals (typically disputes over money or property)

Article III Section I gave Congress the authority to establish other courts as it saw fit. Section II specifies the judicial power of the Supreme Court and discusses the Court’s original and appellate jurisdiction. Also specifies that all federal crimes, except those involving impeachment, shall be tried by jury in the state in which the crime was committed Section III defines treason and mandates that at least two witnesses appear in such cases.

Article III Framers gave federal judges tenure for life “with good behavior” Did not want judges to be subject to the whims of politics, the public, or politicians Hamilton argued in Federalist 78 that the “independence of judges” was needed “to guard the Constitution and the rights of individuals.”

Article III Some checks on judiciary include: Congress has the authority to alter the Court’s jurisdiction. Congress can propose constitutional amendments that, if ratified, can effectively reverse judicial decisions. Congress can impeach and remove federal judges. President (with advise and consent of Senate) appoints federal judges

Judicial Checks on Other Branches

Role of the Courts Resolve disputes, set precedents, interpret the law Resolving Disputes hear “cases and controversies” Set Precedents Determine what is legal in future situations with similar issues Judges, lawmakers, government officials, companies and citizens use as guides for action

Interprets the Law Strict constructionists: believe laws and Constitution should be interpreted according to their wording If it is vague, historical records should be examined to determine intended meaning Loose constructionists: believe laws and Constitution must be interpreted in light of current political/social conditions Judges should consider current standards

The Judiciary Act of 1789 and the Creation of the Federal Judicial System Established the basic three-tiered structure of the federal court system District courts: at least one in each state, each staffed by a federal judge Circuit Court: avenue for appeal Each circuit court initially composed of one district court judge and two itinerant Supreme Court Justices who met as a circuit court twice a year Supreme Court size set in the Act – chief justice and five associates Number of justices set to 9 in 1869

Judicial Review Allows the judiciary to review the constitutionality of acts of the other branches of government and the states Settled under Marbury v. Madison (1803) for national government’s acts

The American Legal System Trial courts Courts of original jurisdiction where a case begins Appellate courts Courts that generally review only findings of law made by lower courts

The Federal Court System Constitutional courts Federal courts specifically created by the U.S. Constitution or Congress pursuant to its authority in Article III Legislative courts Courts established by Congress for specialized purposes, such as the Court of Military Appeals

The Federal Court System District Courts 94 federal district courts staffed by 646 active judges, assisted by more than 300 retired judges No district courts cross state lines Every state has at least one federal district court The most populous states have four. (CA, TX, and NY)

Original Jurisdiction of Federal District Courts Involve the federal government as a party Present a federal question based on a claim under the U.S. Constitution, a treaty with another nation, or a federal statute Involve civil suits in which citizens are from different states, and the amount of money at issue is more than $75,000

District Courts Each federal judicial district has a U.S. attorney. This individual is nominated by the Dept. of Justice and white house staffers Senatorial Courtesy A process by which presidents, when selecting district court judges, defer to the senator in whose state the vacancy occurs

The Courts of Appeals The losing party in a case heard and decided in a federal district court can appeal the decision to the appropriate court of appeals. 11 numbered circuit courts Twelfth, D.C. Court of Appeals Handles most appeals involving federal regulatory commissions and agencies Thirteenth, U.S. Court of Appeals for the Federal Circuit Deals with patents and contract and financial claims against the federal government

The Courts of Appeals Have no original jurisdiction Try to correct errors of law and procedure that have occurred in the lower courts or administrative agencies Hear no new testimony Briefs submitted to them containing legal written arguments in a case

The Courts of Appeals Senatorial courtesy does not apply Senate examines nominations more carefully than in district courts Judges are more likely to wind up serving for Supreme Court later

The Supreme Court Reviews cases from the U.S. courts of appeals and state supreme courts (as well as other courts of last resort) Acts as the final interpreter of the Constitution Ensures uniformity in the interpretation of national laws and the Constitution Resolves conflicts among the states Maintains the supremacy of national law in the federal system 8 justices and one chief justice Relatively few support staff Clerks plus 400 staff members

Appointments to the U.S. Supreme Court Nomination Criteria Competence Ideology or Policy Preference Strict constructionist: an approach to constitutional interpretation that emphasizes the Framer’s original intentions Rewards Pursuit of Political Support Religion Race, Ethnicity, and Gender

The Roberts Court Conservatives Roberts, Kennedy, Thomas, Scalia, Alito Liberals – Breyer, Ginsburg, Sotomayor, Kagan

The Supreme Court Today: Deciding to Hear a Case Over 8,000 cases were filed at the Supreme Court last term Usually 75-80 argued In the 1940s, fewer than 1000 cases were filed annually Today many of the cases involve Bill of Rights issues

Cases with Supreme Court Jurisdiction All cases arising under the Constitution and laws or treaties of the United States All cases of maritime or admiralty jurisdiction Cases in which the US is a party Controversies between a state and citizens of another state (later modified by the 11th Amend) Controversies between two or more states Controversies between citizens of different states Controversies between citizens of the same states claiming lands under grants in different states Controversies between a state, or citizens of a state, and foreign states or citizens All cases affecting ambassadors or other public ministers

Supreme Court Today Court has two types of jurisdiction: Original & Appellate Writ of certiorari A request for the court to order up the records from a lower court to review the case Use the Rule of Four Court controls its caseload through the certiorari process. All petitions for certiorari must meet two criteria: The case must come either from a U.S. court of appeals, a special three-judge district court, or a state court of last resort. Case must involve a federal question. This means that the case must present questions of interpretation of federal constitutional law or involve a federal statute, action or treaty.

Hearing and Deciding a Case Oral Arguments 7 sittings, 2 weeks long Supreme Court Conference Each Friday Vote and write Majority Opinion

Written Decisions of the Court Opinion of the Court Majority opinion – often written by senior member Concurring Opinion Agreed with Opinion of Court but not the reason behind the decision Dissenting Opinion Disagreed with Opinion of Court