2.  US has dual court system  Federal Courts & State Courts  Supreme Court is top dog of all US courts  Under Articles of Confederation there were no courts  DRAMA! State courts had all power to apply and interpret laws.  Why even have a federal government if they cannot settle disputes?  Art. III Constitution allows Congress to create 1 Supreme Court and a system of inferior federal courts

3. Courts of Appeals/Circuit Courts –appellate jurisdiction, relieve the Supreme Court from burden of hearing appeals. –12 courts of appeal in the United States (California = 9 th ) District Courts – trial courts, original jurisdiction for most categories of federal cases. –94, At least 1 per state Courts of Appeals/Circuit Courts –appellate jurisdiction, relieve the Supreme Court from burden of hearing appeals. –12 courts of appeal in the United States (California = 9 th ) District Courts – trial courts, original jurisdiction for most categories of federal cases. –94, At least 1 per state

4.  Purpose is to Interpret and Apply the laws. After Articles of Confederation:  Judiciary Act of 1789 3-tiered court system: state  fed  supreme A minor check on the other 2 branches  Marshall Court 1801-1835 establishes the court’s main power of Judicial Review in Marbury v. Madison Marshall Court 1801-1835  Are laws and court decisions constitutional?

5. Jurisdiction authority of the courts to hear certain cases. Constitution gives federal courts jurisdiction in cases involving fed laws, treaties and interpreting Constitution. 1. Original Jurisdiction hear cases as a trial court. 2. Appellate Jurisdiction review or appeals of decisions from lower courts. 3. Exclusive Jurisdiction only federal courts 4. Concurrent Jurisdiction either federal or state courts.

6. SCOTUS– The only court specifically created in the Constitution. –Has final word- ability to decide the constitutionality of an act of government Constitutional Courts: Courts of Appeals/Circuit Courts –appellate jurisdiction, relieve the SC from burden of hearing appeals. - 12 courts of appeal in the United States (CA-9 th ) District Courts – trial courts, original jurisdiction for most categories of federal cases. –94, At least 1 per state SCOTUS– The only court specifically created in the Constitution. –Has final word- ability to decide the constitutionality of an act of government Constitutional Courts: Courts of Appeals/Circuit Courts –appellate jurisdiction, relieve the SC from burden of hearing appeals. - 12 courts of appeal in the United States (CA-9 th ) District Courts – trial courts, original jurisdiction for most categories of federal cases. –94, At least 1 per state ***A military tribunal is an inquisitorial system based on charges brought by military authorities, prosecuted by a military authority, judged by military officers, and sentenced by military officers against a member of an adversarial force.inquisitorial systemsentenced *** Legislative Courts (umbrella term because all courts except SCOTUS is) : Congress can create these special courts to hear cases arising from powers given to them in the Constitution. Territorial Courts, US Tax Court

8.  President appoints federal judges, confirmed by the Senate  Fed judges: No formal qualifications, but some form of legal training or had positions in gov’t or legal career Serve during “good behavior” or life or retirement  Hope is that a life term will free them from political pressures. Can be impeached Lower Courts:  Large # of appointments  Nominations usually from Dept of Justice, White House Staff & Senatorial Courtesy  Senate scrutinizes Appeals Court noms more (likely to set precedents in legal interpretation)

9.  High visibility and important  President give greater attention to these noms  Only noms if a vacancy occurs during their term  Considerations: Party Affiliation (D or R) Judicial Philosophy (look for judges who share their views) Race, Gender, Religion, Region (balance make up of court) Experience on bench Litmus test- ideological purity towards a liberal or conservative stand on issues like abortion. Acceptability- noncontroversial, members of Senate Judiciary Committee and Senate will be able to vote for them. Bar Association ratings Interest Groups support or opposition (lobby Senators) Views of other justices

10. Kagan Bader Ginsburg Chief Justice Roberts Scalia Breyer Sotomayor Thomas Kennedy Alito

11.  Accepting cases:  Only hears civil cases (original and appellate jurisdiction)  Cases on their docket are there because lower courts are having disagreements about how best to interpret and apply a law  Thousands of cases appealed each year  Only a few hundred get heard  Rule of Four 4 of 9 justices votes to put a case on their docket  writ of certriorari  Denied means justices agree w/lower court or they are minor legal issue

12.  Briefs and Oral Arguments Once a case is scheduled: briefs and amicus briefs are filed  oral arguments Allow both sides to present their positions for 30 minutes. Justices can ask questions or challenges to their arguments.  Research and Conferences Clerks are the workhorses of the court (justices get however many they want), research everything  Writing Opinions justices meet to discuss, vote, write opinions (majority and dissenting if needed), Stare Decisis isn’t required, but often used to maintain continuity in the interpretation of the Constitution and people’s rights.

13.  All federal judges impact policy, especially if they declare federal law unconstitutional. Forces changes in laws that may have existed for a while.  Decisions have legal authority, but must be implemented by other branches. President or Congress can underfund programs  lax enforcement  judicial decision may not have an impact on public policy. Brown v. Board happens this way. Citizens United too.  Courts make a decision, but don’t prescribe how that decision has to be carried out. Vague interpretation, slow movement to change things. (Brown was decided in 1954, but desegregation doesn’t start until 57)

14.  Implementing Population MUST:  Act to show they understand the decision and follow court policy.  Works best if the implementation is in the hands of a few highly visible public officials (Governor, President, etc.)  Sometimes officials can thwart this process (Governor Faubus)  Consumer Population MUST:  Be aware of the rights that the decisions grant or denies them.  Little Rock 9 were consumers of the SC decision in Brown case.