1. The Federal Judiciary

2. Strict or Loose?
A judge believes that at the time the Constitution was written, the death penalty was an accepted form of punishment, therefore it is not cruel and unusual punishment.
A judge believes that most American’s today believe executing children under the age of 18 for crimes is not appropriate, she therefore deems the death penalty as cruel and unusual punishment for children

3. Strict or Loose?
A judge believes that semi-automatic weapons are weapons of war and ordinary citizens should not be allowed to own them.
A judge believes that because the right to bear arms is in the Constitution, then no restrictions should be made on gun ownership.

4. Powers of the Supreme Court
Jurisdiction – power to hear certain types of court cases
Original Jurisdiction – power to hear a case for the 1st time
Limited types: Ambassadors, Cases against U.S. Govt, State Suing State
Appellate Jurisdiction – power of a court to review decisions and change outcomes of decisions of lower courts
Only 100/year

5. Powers of the Supreme Court
Power of Judicial Review
“Super” Power to decide whether a law or action is Unconstitutional
Basic Principal?
Checks and Balances = importance of Review
Importance: Checks and Balances – Congress can’t pass a law, President can’t write an Executive Order without a check by the Supreme Court to make sure it doesn’t violate the Constitution
Marbury vs. Madison – case that gave Supreme Ct. Power of Judicial Review

6. Federal Court System Supreme Court – only 1
Highest court in federal system
Nine Justices
Appeals jurisdiction
Limited Original Jurisdiction

7. Federal Court System Courts of Appeals/District Circuit Courts
Intermediate level in federal Court System
12 Regional Circuit Courts, Including D.C.
No Original Jurisdiction, strictly appellate

8. Circuit Courts 12

9. District Courts Lowest level in the federal system
94 judicial districts in 50 states and territories
No appellate jurisdiction
Original jurisdiction over most cases

11. Judicial Independence
Appointed for life – subject to “good behavior”
Compensation can’t change
Purpose: to insure that Justices are free from direct political pressure

12. Appointment Process Appointed by? Confirmed by? Which basic principle?
President
Confirmed by?
Senate confirms with 2/3 vote
Which basic principle?
Checks and Balances

13. Qualifications President’s Choice . . . So anybody Lower court judges
State S.C. judges
Leading Attorneys
Leading Law professors
President’s Political Party – Why?
Democrats – loose interpretation
Republican’s – strict interpretation

15. Due Process Due Process: Intent: Found - Bill of Rights
The rules and procedures that all government officials (police, lawyers, judges, any public official) must follow to make sure an individual is treated fairly in a legal situation
Intent:
Founding fathers wanted to insure that government didn’t abuse its power
Protect individual rights
Found - Bill of Rights
4th, 5th, 6th Amendments or court cases
Landmark 4th Amendment Cases: Mapp v. Ohio, Terry v. Ohio, New Jersey v. TLO, Kyllo v. United States
Landmark 5th Amendment – Miranda vs. Arizona
Landmark 6th Amendment – Gideon v. Wainright, Miranda v. Arizona