The Judicial Branch Unit 4 Chapters 11 & 12

Remember: An Active Learner adds details, makes notations and answers questions. The more that you think about it and put into the activity, the more that you learn.

U.S. Supreme Court Check it out Write down Who/What/When/Where/Why and How about the U.S. Supreme Court. Listen to the class lecture to discover key points and answers. A fight between the Republicans and the Democrats has resulted in a position for Associate Justice on the U.S. Supreme Court NOT being filled for over a year. The Senate Republicans refused to confirm or even interview any of Obama’s choices.

The Federal Court System Read and add details Include dates, names, causes & outcomes Tip: Most items in RED indicate that you need to respond.

Jurisdiction Authority Constitution Judiciary Act of 1789 Marbury v Madison, 1803

Types of Jurisdiction Original Appellate Concurrent The court who hears the case first Appellate The court who hears the appeal of a prior court ruling Concurrent Case can be tried at two different courts Ex: Lawsuit with people from two different states If Defendant insists, it must be tried in Federal Court

Developing Supreme Court Power Marbury v Madison, 1803 Established authority of the courts to review actions of the government (Legislative Review)

Developing Supreme Court Power John Marshall’s Influence 1801-1835 Fletcher v Peck, 1810 Dartmouth College v Woodward, 1819 McCulloch v Maryland, 1823 Gibbons v Ogden, 1824

States Rights Era Emphasized the power of the States Seven Supreme Court Justices appointed by President Andrew Jackson Limited the power of the Federal Government Ex: Ruled the Missouri Compromise by Congress was unconstitutional. Each state would decide whether to allow slaves, not Congress. Dred Scott v Sandford, 1857 African Americans could not be citizens

13th, 14th & 15th Amendments AKA The Reconstruction Amendments or the Civil War Amendments To protect newly freed slaves

Due Process Clause Fourteenth Amendment clause “no state may deprive any person of life, liberty or property Without due process of law”

Fourteenth Amendment Due Process Clause The Supreme Court refused to apply it when business or a state’s interests were involved. (Favored Rights of a State or Business over the Rights of individuals, especially freed slaves)

Fourteenth Amendment Landmark Cases Slaughterhouse Cases, 1873 Supreme Court ruled that the 14th Amendment applied to FEDERAL not States citizenship, rights, privileges & immunities. Ex: You were born in the United States so you are a U.S. citizen (so you won’t be deported). However, if you were born to a former slave or had been a slave, voting rights and other rights of that state did NOT apply to you.

Fourteenth Amendment Landmark Cases Plessy v Ferguson, 1896 “separate but equal” used to justify segregation Kept African-Americans segregated on trains, but extended to all facets of life Justice Harlan dissented: “inconsistent with the personal liberty of citizens, white and black” Brown v Topeka Board of Education, 1954 Eventually overturned Plessy and ruled that segregation is unconstitutional

States Rights Era Aspects The Supreme Court has at times NOT BROADENED Federal Government’s Power to enforce individual rights But has EXPANDED STATES POWER TO PROTECT CONSUMERS AGAINST BUSINESS What are the dates of this era?

Landmark Business/Consumer Cases 1800s United States v E.C. Knight & Co, 1890s Permitted monopolies in business trusts Debs v United States Upheld conviction of labor leader because he would not call off a strike

Progressive Era What years? The Court did more to protect consumers Who was the Chief Justice(s) during this era?

State & Federal Regulation of the Economy At times, the Court did NOT uphold government regulation of business or the economy (Schechter Poultry Corp. v US) Result: FDR proposed increasing the number of Supreme Court Justices. Why? Courts Reaction: Began to uphold laws that regulated businesses.

Protecting Civil Liberties What are Civil Liberties? What Supreme Court Justice is synonymous with protecting Civil Liberties? Chief Justice ________ ___________, 1953 - 1969

Lower Federal Courts Established beginning in 1789 with what Act? Two types: Constitutional Federal Courts Legislative Federal Courts

Constitutional Courts Article III of Constitution Includes Federal District Courts Federal Courts of Appeals U.S. Court of International Trade

1. Federal District Courts 94 districts among the U.S. CA is in the 9th District, the largest district Trial Courts for Criminal & Civil Federal Cases Criminal Cases: Two Juries used Grand Jury – decides “Is there enough evidence to mount a trial?” if so, they issue an indictment. 16-23 citizens who serve a year, meet monthly Petit Jury – decides guilt or innocence. Usually 6-12 citizens.

Federal District Courts The Work__________ of the Federal Judiciary Have Jurisdiction over Federal Questions: Issues of federal statutory or constitutional law

Officers of the Court- Constitutional Court Includes, but not limited to: The U.S. District Attorneys-files & prosecutes case Magistrates issue arrest warrants U. S. Marshall – makes the arrest, secures jurors, keeps order in courtroom Others: Bailiff – escorts people in and out of courtroom Deputy clerks – assists attorneys, handles paperwork Stenographer – records the case

Constitutional Courts Federal Court of Appeals 13 of these 12 districts The 13th Court = Federal Appeals Court This is the Appellate Court over these 12 appellate courts Decision can be appealed ONLY to the U.S. Supreme Court

U.S. Circuit Court of Appeals for the Federal Circuit Hears cases from: Federal Claims Court Court of International Trade U.S. Patent Office Other executive agencies: EPA, FCC,…

Court of International Trade AKA U.S. Customs Courts Jurisdiction: Tariffs Import quotas Decisions final unless appealed to The Circuit Court of Appeals In Washington, D.C. but may travel to port cities

Legislative Courts Where in the Constitution establishes its authority? Helps Congress exercise its legislative powers Ex: Hears cases involving disputes over the interpretation or implementation of a law passed by Congress (that are NOT Constitutional Law issues). Many different types of these

Legislative Courts (remember to write details about each from the following slides) U.S. Court of Federal Claims U.S. Tax Court U.S. Court of Appeals for the Armed Forces Territorial Courts Courts of the District of Columbia The Court of Veterans’ Appeals

U.S. Court of Federal Claims Established in 1982 Hears cases of claims for money damages Against the U.S. federal government Ex: Federal Government did not pay all of the catering bill at a White House dinner Decision final unless appealed to: The Circuit Court of Appeals for the Federal Circuit

U.S. Tax Court Created in 1969 by Congress Handles disputes with the: Internal Revenue Service Treasury Department’s agencies

U. S. Court of Appeals for the Armed Forces Established in 1950 Hears appeals only of soldiers convicted of breaking military law Decisions final unless appealed to U.S. Supreme Court

Territorial Courts Jurisdiction: U.S. territories Virgin Islands Guam Northern Mariana Islands Puerto Rico Handle civil & criminal cases Decision final unless appealed to U.S. Court of Appeals

Courts: the District of Columbia Jurisdiction: Washington, D.C. Criminal & civil cases

Court of Veterans’ Appeals Established 1988 Veteran’s claims – benefits & other issues Handles unsettled claims Ex: the awarding of disability benefits or awarding of a medal

Selecting Federal Judges What is the Process? Who appoints? Who approves? What President has selected the most? What President unsuccessfully tried to increase the number of Justices? Factors in Selection: Party affiliation Judicial philosophy (Conservative, Liberal, Moderate?) Senatorial courtesy Background of the federal judges

The Supreme Court The Court of Last Resort Why is it called this?

U. S. Supreme Court Jurisdiction Original & Appellate Jurisdiction Article III, Section 2 In Original Jurisdiction, hears ONLY 2 types: Representatives from Foreign gov’ts Cases in which a state is plaintiff or defendant Ex: Water Rights dispute between states

U.S. Supreme Court Jurisdiction Appellate Jurisdiction

Supreme Court Justices Nine Seats/Justices since 1869 Has ranged from 5 to 10 FDR unsuccessfully tried to increase the number to gain influence over the Court Position for life unless: resign/retire or impeached and removed 1804 Justice Samuel Chase was impeached But found not guilty

Duties The Chief Justice – Leader, Manager Hear cases – only a fraction of those submitted Assisted by Law Clerks Render opinions/decisions on cases Head up Special Commissions: Nuremberg War Trials: When, Who presided?

Background Law degree Legal experience Most have been federal judges William Howard Taft – former U.S. President, later became a Justice and Chief Justice

Background More than 100+ men Only 3 women: Sandra Day O’Connor, Ruth Bader Ginsburg, Maria Soto-Mayor (Latina) Only 2 African-Americans: Thurgood Marshall (who argued Brown v Topeka) Clarence Thomas

Appointing Justices By President With Senate approval About 25% do not get approved

Selection Influences American Bar Association Interest Groups Rates the candidates qualifications 2001, Pres. George W. Bush said the Bar was too liberal Interest Groups Heavily influence selection & approval Existing Supreme Court Justices Often very active in the selection process

Supreme Court Decision Making

In Session: Then vs Now

Procedures

Workload

How Cases Reach The Court

Writ of Certiorari

On Appeal

Selecting Cases

Decisions

Steps in Deciding Major Cases

Opinions

Value of a Dissenting Opinion

Majority Opinions

Opinions

Tools for Shaping Policy

Judicial Review

Interpretation of Laws

Overturning Earlier Decisions

Limits on Supreme Court

Basing Decisions on the Law

Views of the Justices

Relations Among the Justices

The Influence of Society

Balancing the Court’s Power

The End