1. Civics Agenda 1/27/17 The Judicial Branch Activity: Notes Discussion
Analyzing Court Materials

2. Warm Up Discussion
What powers are given to the Judicial Branch in the Constitution?
Why is an “independent judiciary” necessary? What constitutional provisions assure this independence?

3. The Judicial Branch
The Court System

4. Structure of the Courts
What does the Constitution say in Article III?
Provides for Supreme Court
Specifies jurisdiction
Provides details regarding juries/treason
No mention of court structure…

5. Structure of the Courts
In Article I, sec. 8 (delegated powers)… “Congress shall have the power to constitute tribunals inferior to the Supreme Court.” (Structure is then created by Judiciary Act of 1789)

6. Limited deals with select topics (traffic court)
General deals with a variety of cases (more serious crimes or civil cases)

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

9. Courts of Appeal Intermediate level in the federal system
12 regional “circuit” courts, including D.C. Circuit
No original jurisdiction; strictly appellate
3 judges, no jury

10. Supreme Court Highest court in the federal system
Nine Justices, meeting in Washington D.C.
Currently eight Justices
Appeals jurisdiction through certiorari process (written order)
Limited original jurisdiction over some cases

13. Delivering Opinions Majority Concurring Dissenting
Requires simple majority
If it’s a tie it dies
Writing of the “Opinion" (assigned by Chief)
Majority
Concurring
Dissenting
On the record to protest the majority
Over 200 times a dissenting opinion has been used to help overturn a previous opinion

14. Judicial Implementation
The opinion gets “remanded” to lower courts
“No Teeth”…enforcement is slow
Supreme Court depends on executive and legislative branches to carry out their rulings.
Example?
Brown v. Board of Education, 1954
“All deliberate speed…”

15. Phases of Confirmation
Official Nomination
Senate Judiciary Committee hearings (“vetting process”)
Full Senate debate & vote

16. Factors Affecting Confirmation
President’s popularity
Make up of the Senate
Time remaining in a President’s term
Demographics of candidate
Overall competence
“Paper Trail” which can reflect ideology
Judicial temperament (activism vs. restraint)
Stance on “stare decisis”
Stare decisis = precedent

17. Current Issues
Merrick Garland

18. Activity: Analyzing Court Materials
Identifying evidence
What does this teach us about the justice system? (15+10 for discussion)

19. Debrief On a separate sheet of paper…
Why do different courts play different roles in the judicial branch?
What safeguards are built into the organization of the U.S. court system to ensure justice?
How effective do you think the U.S. court system is in ensuring justice?