Chapter 15: The Judicial Branch

Current Supreme Court John G. Roberts, Jr., Chief Justice Elena Kagen Neil Gorsuch Anthony Kennedy David Souter Clarence Thomas Ruth Bader Ginsberg Stephen Breyer Samuel Alito Jr. Sonia Sotomayer

Judicial Branch Article III of the Constitution established the judicial branch of government with the creation of the Supreme Court. This court is the highest court . There are lower Federal courts Congress -necessary State court systems

Basics Appointees to the federal bench serve for life or until they voluntarily resign or retire. The Supreme Court is the most visible of all the federal courts. The number of Justices is determined by Congress rather than the Constitution, and since 1869, the Court has been composed of one Chief Justice and eight Associate Justices. Justices are nominated by the President and confirmed by the Senate.

State Courts Lower courts include municipal courts, police courts, justices of the peace, and/or district magistrates. The lowest courts in the state judicial hierarchy have limited jurisdiction in both civil & criminal cases. Usually NOT Very serious ct. cases

State Courts Trial courts with general jurisdiction Most cases of a relatively serious nature start here

State Courts Intermediate appellate courts Trial court decisions can be appealed here Not the first time a case is heard Cts. Of appeals determines if the rights of the accused were upheld in court in the lower level.

State Courts State Supreme Court or Court of Appeals --This court occupies the top position in the state judiciary - Some states do not have a Court of Appeals- goes directly to the State Supreme Ct.

Becoming a Judge at the state level Election: by the people Appointment: Governor or state legislature Merit Selection: committee nominates judges based on merits or qualifications & Governor then appoints the judge. - usually you will vote to “retain” the judge in their position.

Cases State: - traffic, divorce, landord- tenant, contracts, personal injury, inheritance Federal: -interstate commerce, federal taxes of federal programs, patent and copyright, treaties, citizens of other countries, bankruptcy, disputes between states Both: - crimes punishable under state and fed, environment, class- action, U.S. Constitution

Federal Courts Three-level Pyramid

Federal Courts The United States district courts are at the bottom of the triangle.-94 The United States court of Appeals are the middle. 13 The United States Supreme Court is at the top

Supreme Court Only court explicitly outlined in Constitution Membership fixed by Congress Since 1869 the Court has had 9 members, including a chief justice and eight associate justices 6 members are needed for quorum

Supreme Court President nominates Supreme court justices and are approved by the Senate Senatorial Courtesy Lifetime appointment

Supreme Court Process Chooses cases—no independent data, relies on briefs -Amicus Curiae- Written by 3rd parties Oral arguments heard over seven 2-week sessions Conference Days—Private meetings/deliberation Call up Writ of Certiorari - “Writ of Cert” Rule of Four

Types of Legal Conflicts Criminal: violating criminal laws -fines, jail, probation BEYOND REASONALBE DOUBT - arson, killing, raping, speeding Civil Law: conflicts between private parties -ownership, destruction of property, divorce, custody

Actors Criminal Civil: Defendant: accused of the crime Prosecution: government lawyer or team of lawyers bring evidence against defendant Civil: Defendant Plaintiff: person bringing the lawsuit to court.

Structure & Jurisdiction Dual Court System There are 50 state court systems One federal court system Each state has a state supreme court

Court Jurisdiction A case that is heard on original jurisdiction originates or starts in that court. It has not previously been heard in a lower court. A case heard on appellate jurisdiction has already been heard elsewhere, and it is now being heard on appeal.

Jurisdiction Federal courts have jurisdiction over cases involving federal parties (example: ambassadors, leaders, etc) or federal questions (examples: federal laws or treaties, interpretation of constitutional law) Limited original jurisdiction: Lawsuits between states, Involving Foreign Ambassadors, Conflicts in rulings between states

Judicial Review Judicial Review is this process that the judiciary uses to provide checks and balances on the legislative and executive branches.

Judicial Review Judicial review - not an enumerated - is an implied power. In Marbury v. Madison (1803), the courts' power of judicial review was clearly articulated.

Interpreting the Law Primary function of courts in general and Supreme Court in particular Mechanical jurisprudence—the view of judging Laws often ambiguous

Legal Interpretation Judges base decisions on precedents, laws Can sometimes explain decisions by the literal meaning of the words of text in question

Legal Interpretation May refer to intent of the framers - Strict Construction Previous court cases/precedents May base decisions on social or political needs - Loose construction **All enhance the credibility of decisions

Schools of Thought Judicial Activism: use judicial review to overturn bad precedents - controversy? Liberals Judicial Restraint: judicial review used sparingly. -Conservative

Supreme Court Process At meeting, they speak in descending order of seniority. Take tentative vote in ascending order of seniority Assign opinion writing—drafted and circulated to fellow justices for comment

Supreme Court Opinions 1. Majority Opinion: written opinion of the majority stating reasoning for the decision

Supreme Court Opinions 2. Concurring Opinion: Can be authored by a justice who agrees with the outcome of a case but for different reasons; may go on record with own opinion; can influence future opinions; can lessen impact of majority opinion

Supreme Court Opinions 3. Dissenting Opinion: minority opinions; written by justices who dissent; may influence future decisions; can undermine majority opinion