1. The Judicial Branch Unit 4
Chapters 11 & 12

2. Remember: An Active Learner adds details, makes notations and answers questions.
The more that you think about it
and put into the activity, the more that
you learn.

3. U.S. Supreme Court Check it out
Write down Who/What/When/Where/Why and How about the U.S. Supreme Court.
Listen to the class lecture to discover key points and answers.
A fight between the Republicans and the Democrats has resulted in a position for Associate Justice on the U.S. Supreme Court NOT being filled for over a year. The Senate Republicans refused to confirm or even interview any of Obama’s choices.

4. The Federal Court System
Read and add details
Include dates, names, causes & outcomes
Tip: Most items in RED indicate that you need to respond.

5. Jurisdiction Authority Constitution Judiciary Act of 1789
Marbury v Madison, 1803

6. Types of Jurisdiction Original Appellate Concurrent
The court who hears the case first
Appellate
The court who hears the appeal of a prior court ruling
Concurrent
Case can be tried at two different courts
Ex: Lawsuit with people from two different states
If Defendant insists, it must be tried in Federal Court

7. Developing Supreme Court Power
Marbury v Madison, 1803
Established authority of the courts to review actions of the government (Legislative Review)

8. Developing Supreme Court Power
John Marshall’s Influence Fletcher v Peck, 1810 Dartmouth College v Woodward, 1819 McCulloch v Maryland, 1823 Gibbons v Ogden, 1824

9. States Rights Era Emphasized the power of the States
Seven Supreme Court Justices appointed by President Andrew Jackson
Limited the power of the Federal Government
Ex: Ruled the Missouri Compromise by Congress was unconstitutional. Each state would decide whether to allow slaves, not Congress.
Dred Scott v Sandford, 1857
African Americans could not be citizens

10. 13th, 14th & 15th Amendments
AKA The Reconstruction Amendments or the Civil War Amendments
To protect newly freed slaves

11. Due Process Clause Fourteenth Amendment clause
“no state may deprive any person of life, liberty or property
Without due process of law”

12. Fourteenth Amendment Due Process Clause
The Supreme Court refused to apply it when business or a state’s interests were involved.
(Favored Rights of a State or Business over the Rights of individuals, especially freed slaves)

13. Fourteenth Amendment Landmark Cases
Slaughterhouse Cases, 1873
Supreme Court ruled that the 14th Amendment applied to FEDERAL not States citizenship, rights, privileges & immunities.
Ex: You were born in the United States so you are a U.S. citizen (so you won’t be deported). However, if you were born to a former slave or had been a slave, voting rights and other rights of that state did NOT apply to you.

14. Fourteenth Amendment Landmark Cases
Plessy v Ferguson, 1896
“separate but equal” used to justify segregation
Kept African-Americans segregated on trains, but extended to all facets of life
Justice Harlan dissented: “inconsistent with the personal liberty of citizens, white and black”
Brown v Topeka Board of Education, 1954
Eventually overturned Plessy and ruled that segregation is unconstitutional

15. States Rights Era Aspects
The Supreme Court has at times NOT BROADENED Federal Government’s Power to enforce individual rights
But has EXPANDED STATES POWER TO PROTECT CONSUMERS AGAINST BUSINESS
What are the dates of this era?

16. Landmark Business/Consumer Cases 1800s
United States v E.C. Knight & Co, 1890s
Permitted monopolies in business trusts
Debs v United States
Upheld conviction of labor leader because he would not call off a strike

17. Progressive Era What years?
The Court did more to protect consumers
Who was the Chief Justice(s) during this era?

18. State & Federal Regulation of the Economy
At times, the Court did NOT uphold government regulation of business or the economy (Schechter Poultry Corp. v US)
Result: FDR proposed increasing the number of Supreme Court Justices. Why?
Courts Reaction: Began to uphold laws that regulated businesses.

19. Protecting Civil Liberties
What are Civil Liberties?
What Supreme Court Justice is synonymous with protecting Civil Liberties?
Chief Justice ________ ___________,

20. Lower Federal Courts Established beginning in 1789 with what Act?
Two types:
Constitutional Federal Courts
Legislative Federal Courts

21. Constitutional Courts
Article III of Constitution
Includes
Federal District Courts
Federal Courts of Appeals
U.S. Court of International Trade

22. 1. Federal District Courts
94 districts among the U.S.
CA is in the 9th District, the largest district
Trial Courts for Criminal & Civil Federal Cases
Criminal Cases: Two Juries used
Grand Jury – decides “Is there enough evidence to mount a trial?” if so, they issue an indictment.
16-23 citizens who serve a year, meet monthly
Petit Jury – decides guilt or innocence. Usually 6-12 citizens.

23. Federal District Courts
The Work__________ of the Federal Judiciary
Have Jurisdiction over Federal Questions:
Issues of federal statutory or constitutional law

24. Officers of the Court- Constitutional Court
Includes, but not limited to:
The U.S. District Attorneys-files & prosecutes case
Magistrates issue arrest warrants
U. S. Marshall – makes the arrest, secures jurors, keeps order in courtroom
Others:
Bailiff – escorts people in and out of courtroom
Deputy clerks – assists attorneys, handles paperwork
Stenographer – records the case

25. Constitutional Courts
Federal Court of Appeals
13 of these
12 districts
The 13th Court = Federal Appeals Court
This is the Appellate Court over these 12 appellate courts
Decision can be appealed ONLY to the U.S. Supreme Court

26. U.S. Circuit Court of Appeals for the Federal Circuit
Hears cases from:
Federal Claims Court
Court of International Trade
U.S. Patent Office
Other executive agencies: EPA, FCC,…

27. Court of International Trade
AKA U.S. Customs Courts
Jurisdiction:
Tariffs
Import quotas
Decisions final unless appealed to The Circuit Court of Appeals
In Washington, D.C. but may travel to port cities

28. Legislative Courts
Where in the Constitution establishes its authority?
Helps Congress exercise its legislative powers
Ex: Hears cases involving disputes over the interpretation or implementation of a law passed by Congress (that are NOT Constitutional Law issues).
Many different types of these

29. Legislative Courts (remember to write details about each from the following slides)
U.S. Court of Federal Claims
U.S. Tax Court
U.S. Court of Appeals for the Armed Forces
Territorial Courts
Courts of the District of Columbia
The Court of Veterans’ Appeals

30. U.S. Court of Federal Claims
Established in 1982
Hears cases of claims for money damages
Against the U.S. federal government
Ex: Federal Government did not pay all of the catering bill at a White House dinner
Decision final unless appealed to:
The Circuit Court of Appeals for the Federal Circuit

31. U.S. Tax Court Created in 1969 by Congress Handles disputes with the:
Internal Revenue Service
Treasury Department’s agencies

32. U. S. Court of Appeals for the Armed Forces
Established in 1950
Hears appeals only
of soldiers convicted of breaking military law
Decisions final unless appealed to U.S. Supreme Court

33. Territorial Courts Jurisdiction: U.S. territories
Virgin Islands
Guam
Northern Mariana Islands
Puerto Rico
Handle civil & criminal cases
Decision final unless appealed to U.S. Court of Appeals

34. Courts: the District of Columbia
Jurisdiction:
Washington, D.C.
Criminal & civil cases

35. Court of Veterans’ Appeals
Established 1988
Veteran’s claims – benefits & other issues
Handles unsettled claims
Ex: the awarding of disability benefits or awarding of a medal

36. Selecting Federal Judges
What is the Process?
Who appoints? Who approves?
What President has selected the most?
What President unsuccessfully tried to increase the number of Justices?
Factors in Selection:
Party affiliation
Judicial philosophy (Conservative, Liberal, Moderate?)
Senatorial courtesy
Background of the federal judges

37. The Supreme Court
The Court of Last Resort
Why is it called this?

38. U. S. Supreme Court Jurisdiction
Original & Appellate Jurisdiction
Article III, Section 2
In Original Jurisdiction, hears ONLY 2 types:
Representatives from Foreign gov’ts
Cases in which a state is plaintiff or defendant
Ex: Water Rights dispute between states

39. U.S. Supreme Court Jurisdiction
Appellate Jurisdiction

40. Supreme Court Justices
Nine Seats/Justices since 1869
Has ranged from 5 to 10
FDR unsuccessfully tried to increase the number to gain influence over the Court
Position for life unless: resign/retire or impeached and removed
1804 Justice Samuel Chase was impeached
But found not guilty

41. Duties The Chief Justice – Leader, Manager
Hear cases – only a fraction of those submitted
Assisted by Law Clerks
Render opinions/decisions on cases
Head up Special Commissions:
Nuremberg War Trials: When, Who presided?

42. Background Law degree Legal experience Most have been federal judges
William Howard Taft – former U.S. President, later became a Justice and Chief Justice

43. Background More than 100+ men
Only 3 women: Sandra Day O’Connor, Ruth Bader Ginsburg, Maria Soto-Mayor (Latina)
Only 2 African-Americans:
Thurgood Marshall (who argued Brown v Topeka)
Clarence Thomas

44. Appointing Justices By President With Senate approval
About 25% do not get approved

45. Selection Influences American Bar Association Interest Groups
Rates the candidates qualifications
2001, Pres. George W. Bush said the Bar was too liberal
Interest Groups
Heavily influence selection & approval
Existing Supreme Court Justices
Often very active in the selection process

46. Supreme Court Decision Making

47. In Session: Then vs Now

48. Procedures

49. Workload

50. How Cases Reach The Court

51. Writ of Certiorari

52. On Appeal

53. Selecting Cases

54. Decisions

55. Steps in Deciding Major Cases

56. Opinions

57. Value of a Dissenting Opinion

58. Majority Opinions

59. Opinions

60. Tools for Shaping Policy

61. Judicial Review

62. Interpretation of Laws

63. Overturning Earlier Decisions

64. Limits on Supreme Court

66. Basing Decisions on the Law

67. Views of the Justices

68. Relations Among the Justices

69. The Influence of Society

70. Balancing the Court’s Power

72. The End