The Judicial Branch Article III of the Constitution Judicial power shall be vested in one supreme court and such other courts as Congress shall ordain... shall extend to all cases, in law and equity, arising under this Constitution, the laws of the U.S., and treaties made.... to controversies between the states....

The Courts Supreme Court Trial of all crimes shall be by jury of peers original jurisdiction in cases affecting ambassadors, cases where state is a party, etc. (decide facts) appellate jurisdiction in other cases (decide law) Only court to have both jurisdictions Trial of all crimes shall be by jury of peers Treason against the U.S. shall consist in levying war against them Congress shall declare punishment of treason

Brief History Federalist 78: The Judiciary will have neither force nor will; only judgment (i.e. words) Can’t initiate cases (acts on what received) Judiciary Act of 1789 created district courts (94 districts today) created appellate courts (12 circuits) Sec. 13 involved Supreme Court issuing writs of mandamus (Marbury v. Madison)

Brief History Accrued powers Marbury v. Madison (1803) established judicial review of legislation; Marshall argued that Act of 1789 giving court original jurisdiction for issuing writs of mandamus was unconstitutional (Jefferson against appointment; Marshall lost battle, won war) Originally only 6 on Supreme Court (now 9)

Brief History Role of federal courts in system of checks and balances U.S. Court of Appeals (167 judges, 12 circuits) U.S. District Courts (646 judges, 94 districts) Relationship of courts to democratic theory Judicial activism Judicial restraint Importance of precedent Role of stare decisis Adversarial system and justiciable dispute (complainant must have standing)

Supreme Court Decision Process Selecting cases for review 1990: 6,316 cases on docket (2,315 from appellate courts) Rule of Four (1990: 114 granted review) Writ of certiorari: order from higher court to lower court to send up the case record for review Appeals must raise constitutional question e.g. Virginia Attorney General to appeal state supreme court decision on cross burning (11/01)

Supreme Court Decision Process Hearing the case Supreme Court receives briefs and listens to oral arguments from each side (30 minutes each) role of the solicitor general (represents US govt.) amicus curiae briefs (friend of the court) Judging the case (confidential) Assigning opinions and the opinion of the court Concurring opinions Dissenting opinions

A Few Noteworthy Opinions Brown v. Board of Education (1954) -- school desegregation Roe v. Wade (1973) -- abortion Abington School District v. Schempp (1963) -- school prayer

On the 2001-02 docket http://www.npr.org School vouchers Death penalty Child pornography and cyberporn Civil liberties Affirmative Action & federal contracts Federalism--states’ rights Possibly Microsoft & antitrust action

California Judicial Branch Originally intended that courts followed principals of federalism--each supreme in own sphere, often with concurrent jurisdictions, although federal held supremacy in case of conflict U.S. Bill of Rights applied only to national government In 1920s, U.S. Constitutional amendments began selective application to the states (e.g. speech, press, and religion; Miranda warnings)

California Judicial Branch One Supreme Court Six Court of Appeals (6 districts) Panels of 3 judges hear cases Governor appoints judges after approval by Commission on Judicial Appointments; run for reelection at next gubernatorial election (e.g. Rose Bird rejected in 1986) 440 Trial Courts (determination of facts) Municipal courts for misdemeanors, lesser offenses Superior courts for crimes, more serious offenses Judges are elected for 6 year terms, although Governor may appoint to fill unexpired terms

California Courts 1998-99: 8.6 million cases filed, most criminal California Constitution guarantees right to jury trial for both criminal and civil cases, although parties may agree to hearing by a judge District attorney serves as prosecutor in criminal trials; some counties provide public defender as well Plea-bargaining used to speed up resolution although used less after “three strikes” law was passed in 1994