Judicial branch

Article III, Constitution Gives Congress the discretion to determine the shape and structure of the federal judiciary. The number of Supreme Court Justices is left to Congress There are nine justices on the Supreme Court Need 5 to ensure a victory for a case One Chief Justice and Eight Associate Justices Establish courts inferior to the Supreme court District Courts, which try most federal cases 13 United States courts of appeals, review appealed district court cases

The National Judiciary Congress has created two distinct types of federal courts. Constitutional Courts Special Courts Deal with matters involving the “judicial power of the United States. Deal with cases related the powers of Congress Ex: Tax Court

Federal Judges Appointed by the President Confirmed by the Senate

Insulates them from the temporary passions of the public Federal Judges Federal judges can only be removed through: Impeachment by the House of Representatives & Conviction in the Senate Serve no fixed term – until death, retirement, or conviction by the Senate Insulates them from the temporary passions of the public Allows them to apply the law with justice in mind, no electoral or political concerns

The Supreme Court Power of judicial review as established in Marbury v. Madison (1803) Has both original and appellate jurisdiction How a case reaches the Supreme Court *by writ of certiorari – the SC orders a lower court to send it a case’s record *by certificate – a lower court asks the SC to certify a matter’s answer *by origination – if a state or a diplomat is involved

How the Supreme Court rules on a case *both sides send in briefs *both sides present oral arguments *justices vote and write a majority opinion

Original Jurisdiction Appellate Jurisdiction When a court has the power to hear a case for the first time When a court hears a case on appeal from a lower court

Jurisdiction A dispute between two or more U.S. states grants the Supreme Court original jurisdiction, an authority that cannot be taken away by Congress Granted in the Constitution

Federal Courts Sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases Compel the production of evidence and testimony through a subpoena Once the Supreme Court interprets a law, inferior courts must apply the Supreme Court’s interpretation to the facts of a particular case

John G. Roberts, Jr. Chief Justice of the U.S. Supreme Court

Caseload Appellate in nature The decisions cannot be appealed to any authority

Grant of Certiorari Accept legal briefs from the parties to the case Usually hears oral arguments Hold private conferences, make their decision, and months later issue the Court’s opinion, along with any dissenting arguments

The Judicial Process Article III states that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one’s peers Fourth, Fifth, and Sixth amendments provide additional protections

A guarantee that no person shall be deprived of life, liberty, or property without the due process of law Protection against being tried for the same crime twice “double jeopardy” The right to a speedy trial by an impartial jury The right to cross-examine witnesses, and to call witnesses to support their case The right to legal representation The right to avoid self-incrimination Protection from excessive bail, excessive fines, and cruel and unusual punishments

McCulloch v. Maryland Important case for expanding federal power National Bank: Allowed? Control Revenue – power the of purse (Congress) Necessary and Proper Clause

U.S. v. Nixon Executive Privilege to withhold tapes unconstitutional

Miranda v. Arizona More rights to accused Those arrested MUST be informed of constitutional rights:

Engel v. Vitale New York public school district Requiring students to recite prayer (written by the NYS Board of Regents) is unconstitutional Think: Pledge of Allegiance