1. The Role of the Courts

2. A. The Constitution on the Courts

3. Organization of the Constitution:
Article I:
Article II:
Article III:
Legislative
Executive
Judicial
Courts = “least dangerous” branch

4. 4 things to know from the Const.: 1) What do the courts do?
“Judicial Power”
Judicial Review?
vested in a Supreme Court.
any lower courts Congress may create.

5. 2) Where do judges come from?
President appoints.
Senate must approve w/ simple majority vote.
Qualifications?

6. 3) How long do judges serve?
During “good behavior.”
Can be impeached & removed.
(H  S. M.)
(S  2/3)
3 ways a judge can
leave the bench:
1) Imp. & Rem.
2) Die. *
3) Resign/Retire.

7. 4) How many judges are there?
Constitution is silent.
Congress decides.
9 since the 1860s.
FDR – “court packing”
+1 for each justice 70 6
+ 9 = 15

8. B. Structure of the Court System

9. “Dual System” of courts
Federal
Court
System
FEDERALISM
State
Court
Systems
National laws
State laws

10. Federal Appeals Courts
Federal Court System 1
S.C.
Courts of
Review 12
Federal Appeals Courts
90+
Trial
Courts
Federal District Courts
Jury

11. State Court Systems To Fed. Courts State S.C. State Appeals Courts
Trial
Courts
State District Courts
Jury

12. C. How the Supreme Court Works

13. 3 women
6 men

14. 4 by Democrat
Presidents
5 by Republican
Presidents

15. 1) Appeal
,000 cases appealed.
cases accepted.
≈1%

16. 2) “Rule of Four”
Writ of Certiorari.

17. Friends of the Court Briefs – Amicus Curiae.
3) Research
Precedents – Stare Decisis.
Friends of the Court Briefs – Amicus Curiae.
Prepare questions.

18. 4) Oral Argument
30 Minutes per side.

19. 5) Conference
Discussion and non-binding vote.

20. 6) Opinion Writing Majority Opinion. Dissenting Opinion.
Concurring Opinion.