The Judicial Branch

Bellringer 3/13 Who is included in the federal bureaucracy?

Federal Courts In the United States there are two court systems: federal and state. Federal courts hear cases dealing federal laws States courts hear cases dealing with state laws In Article III, Section 1 provides “the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time establish.” Supreme Court (24) is the court established by Article III as the highest federal court in the land.

Federal Courts Jurisdiction (25) is the scope of authority that a court has to hear and decide a case that had been properly brought before it. Original jurisdiction: authority to hear a case for the first time Appellate jurisdiction: power to review decisions made by lower courts.

US District Courts The lowest level of federal courts Trial Courts Determine the facts for the case Witnesses testify and juries hear cases Evidence is presented Courts of original jurisdiction. Many federal district courts

US Court of Appeals A party may appeal to the Court of Appeals. Divided into 12 circuits. Courts of appellate jurisdiction A panel of judges decides case by majority vote Bench trial Examine the records of the district court trial and hears oral arguments from the attorneys. NO trial Decides if mistake of law Possible outcome: Affirm the decision of lower court Reverse decision of lower court and remand the case back to the lower court

US Supreme Court Supreme Court meets in Washington D.C. Mainly an appeals court, but does have original jurisdiction 2 instances. Disputes between diplomats Cases in which a state is involved The Supreme Court gets to decide what cases it will hear. Writ of Certiorari (26): A legal document issued by the Supreme Court to request the court transcripts of a case

US Supreme Court Has the power of judicial review. Nine justices and need a majority to reach a decision. Do not hold trials. Hear oral arguments and review the record.

Types of Opinions Majority opinion (27): Represents the views of the majority on the court States facts, holding, and reasoning Concurring opinion (28): Written when a justice agrees with the decision of the majority but for different reasons. Dissenting opinion (29): A written opinion expressing disagreement with the majority opinion

Gabby just walked out of the courthouse, and she is furious Gabby just walked out of the courthouse, and she is furious. That’s why she is on her cell phone calling you. Gabby just lost her case in a trial, the judge found in favor of the other side. There must be something she can do but Gabby is not sure. Can she take he case to the Court of Appeals? What about the Supreme Court? And if she can take her case “up” what will happen there? Do courts work just like the trial court.

You don’t know the answers, but you feel sorry for Gabby You don’t know the answers, but you feel sorry for Gabby. You’ve barely hung up when you get a call from Bob. He’s got a problem like Gabby and found our she lost her case. Does that mean he shouldn’t bother taking his own case to court? If he does, will the outcome of Gabby’s case affect whether he ca win? Once you are off the phone you brainstorm a list of things you will want to find out. They are all great questions, but only some will help you tell Gabby and Bobby what to expect.

Which questions will help you tell Gabby and Bobby what to expect? Will the COA hold a trial all over again? How tall is the Supreme Court building? Does the COA have to accept every case? Will there be a jury to decide the case? Are there any women justices on the SC? Why do we have a COA? If Gabby doesn’t like what happens at the COA, does the Supreme Court have to take her case? What kinds of cases does the SC take? How many justices will decide the case at the SC? Who is the Chief Justice of the SC ? If Gabby wins at the SC, will Bobby automatically win his case? Do people testify at the SC? How many case did the SC hear last year? Do people get to testify at the COA? Do SC justices get elected?

Checks and balances

Checks and balances To keep any one branch from becoming too powerful, the Constitution also includes a system of checks and balances. Each branch of government is able to check, or restrain, the power of the others.

Whose job is it? Print money Enforce the laws Decide what laws mean Declare war Includes president, vice president, and cabinet Divided into House and Senate Punish pirates Makes a State of the Union address each year Collects taxes Makes treaties with other countries Can declare laws unconstitutional Selected by the electoral college Selected by popular vote Appoints Supreme Court justices and other federal judges Approves presidential appointments

Judicial branch Checks on Legislative: Checks on Executive: Declare laws unconstitutional Checks on Executive: Declare acts of president unconstitutional

Executive branch Checks on Legislative Branch Check on Judicial Branch Veto laws Call special sessions of Congress Check on Judicial Branch Appoints federal judges Grant pardons to federal offenders

Legislative branch Checks on Executive Branch Impeach/remove = house/senate Appropriate money Ratify treaties (Senate) Confirm appointments (Senate) Override veto Checks on Judicial Branch Create lower courts Impeach/remove judges Propose amendments to overrule judges decision Approve judges (Senate)

Us v. Nixon Executive privilege is the power claimed by the president to resist certain subpoenas and other interventions by the legislative and judicial branches. The Supreme Court conceded that there is indeed a privilege for "confidential executive deliberations" about matters of policy having nothing to do with national security. This privilege is constitutionally based, deriving from the separation of powers. However, the Court held that this privilege is not absolute but can be overcome if a judge concludes that there is a compelling governmental interest in getting access to the otherwise privileged conversations, as in the case of the Nixon tapes. US v. Nixon (30): Supreme Court case that established the president does not have an absolute, unqualified privilege.

Checks and Balances School House Rock Crash Course