AP Government “Judicial Branch”

(1) Justice Vinson In the 1950s the Supreme Court was wrestling with many cases involving African American civil rights When conservative Chief Justice Fred M. Vinson dies unexpectedly in 1953, the court’s make-up changed New Chief Justice Earl Warren moved the Court in a more liberal direction Shortly after Vinson’s death, the Court made the historic Brown v. Board of Education decision which ended segregation in schools Chief Justice Fred Vinson Chief Justice Earl Warren

(2) Creation of Federal Court System In Section 1 of Article III the Constitution creates one supreme Court Constitution left the rest of the creation of federal courts to the Congress Judiciary Act of 1789 set up the basis of our federal court system Constitution provided for lifetime appointment of judges in the federal courts

(3 & 4) Marbury v. Madison (1803) – Supreme Court case involving last minute appointments, but is better known for setting the precedent that the Court could use judicial review Judicial review – the power to declare congressional (and presidential) acts invalid if they violate the Constitution It allowed for more of a balance of power between the branches, and allows the judiciary to be a check on the executive and legislative branches Only 160 provisions of national law have been declared unconstitutional in the over 200 years since the Marbury case

(5 & 6) Judicial Review Judicial review cases can be overturned by: Constitutional amendments Future Supreme Court cases overturning the previous decision Judicial review makes the Supreme Court the umpire of national gov’t. When state laws and state constitutions conflict with the US Constitution or federal laws the supremacy clause of the Constitution makes federal law more powerful than the state The US Supreme Court can thus declare state laws unconstitutional

(7) Complex American Court System Each state runs its own court system, and no two states’ systems are the same Federal courts exist alongside state courts Individuals fall under the jurisdiction of both federal and state courts, and can sue or be sued in both 99% of cases are filed in state courts

(8) Court Fundamentals criminal cases – court cases involving a crime, or violation of public order civil cases – court cases that involve private dispute arising from such matters as accidents, contractual obligations, and divorce plea bargain – a defendant’s admission of guilt in exchange for a less severe punishment common law – legal precedents derived from previous judicial decisions

(9 & 10) Three Tiers of Federal Courts Supreme Court U.S. Court of Appeals U.S. District Courts Sources of litigation for US district courts: Federal criminal cases (federal law) Civil cases brought by individuals, groups or the government alleging violation of national law Civil cases against the federal gov’t Civil cases between citizens of different states when the amount in controversy is over $75,000

(11) Appellate Court Proceedings Appeals courts are regional and their proceedings are public They have no jurors, witnesses, or cross-examinations There is typically a 3 judge panel to hear the appeals case Judges receive written arguments or briefs, and often allow oral arguments in which the judges can ask questions Rulings are made strictly on the rulings made and procedures followed in the trial courts Appeals can only be made on the basis of a mishandling of the case by the prosecution (not if you are just generally dissatisfied with the result)

(12) Precedents and Making Decisions Precedent – a judicial ruling that serves as the basis for the ruling in a subsequent case Stare decisis – literally means “let the decision stand” which implies that decision making by judges is according to precedents set in other cases This provides continuity and predictability within our legal system (we wouldn’t want unpredictableness, right?)

(13) Uniformity of Law Appeals courts help ensure that similar issues are dealt with the same way in several district courts (at least within their region) Several regions may be dealing with similar cases at the same time, but interpreting the law differently The Supreme Court then makes sure there is uniformity between the different appeals courts in different regions