1. Judicial Branch

2. The courts serve as an impartial forum for resolution of disputes in both civil and criminal cases.

3. Article III Section I gave Congress the authority to establish other courts as it saw fit. Section I gave Congress the authority to establish other courts as it saw fit. Section II specifies the judicial power of the Supreme Court and discusses the Court’s original and appellate jurisdiction. Section II specifies the judicial power of the Supreme Court and discusses the Court’s original and appellate jurisdiction. Also specifies that all federal crimes, except those involving impeachment, shall be tried by jury in the state in which the crime was committed Also specifies that all federal crimes, except those involving impeachment, shall be tried by jury in the state in which the crime was committed Section III defines treason and mandates that at least two witnesses appear in such cases. Section III defines treason and mandates that at least two witnesses appear in such cases.

4. Article III Framers gave federal judges tenure for life “with good behavior” Framers gave federal judges tenure for life “with good behavior” Did not want judges to be subject to the whims of politics, the public, or politicians Did not want judges to be subject to the whims of politics, the public, or politicians Hamilton argued in Federalist 78 that the “independence of judges” was needed “to guard the Constitution and the rights of individuals.” Hamilton argued in Federalist 78 that the “independence of judges” was needed “to guard the Constitution and the rights of individuals.”

5. Article III Some checks on judiciary include: Some checks on judiciary include: Congress has the authority to alter the Court’s jurisdiction. Congress has the authority to alter the Court’s jurisdiction. Congress can propose constitutional amendments that, if ratified, can effectively reverse judicial decisions. Congress can propose constitutional amendments that, if ratified, can effectively reverse judicial decisions. Congress can impeach and remove federal judges. Congress can impeach and remove federal judges. President (with advise and consent of Senate) appoints federal judges President (with advise and consent of Senate) appoints federal judges

6. The Judiciary Act of 1789 and the Creation of the Federal Judicial System Established the basic three-tiered structure of the federal court system Established the basic three-tiered structure of the federal court system District courts: at least one in each state, each staffed by a federal judge District courts: at least one in each state, each staffed by a federal judge Circuit Court: avenue for appeal Circuit Court: avenue for appeal Each circuit court initially composed of one district court judge and two itinerant Supreme Court Justices who met as a circuit court twice a year Each circuit court initially composed of one district court judge and two itinerant Supreme Court Justices who met as a circuit court twice a year Supreme Court size set in the Act – chief justice and five associates Supreme Court size set in the Act – chief justice and five associates Number of justices set to 9 in 1869 Number of justices set to 9 in 1869

7. Judicial Review Allows the judiciary to review the constitutionality of acts of the other branches of government and the states Allows the judiciary to review the constitutionality of acts of the other branches of government and the states Settled under Marbury v. Madison (1803) for national government’s acts Settled under Marbury v. Madison (1803) for national government’s acts Settled under Martin v. Hunter’s Lessee (1816) for state laws Settled under Martin v. Hunter’s Lessee (1816) for state laws

8. The American Legal System Trial courts Trial courts Courts of original jurisdiction where a case begins Courts of original jurisdiction where a case begins Appellate courts Appellate courts Courts that generally review only findings of law made by lower courts Courts that generally review only findings of law made by lower courts

9. Jurisdiction Authority vested in a particular court to hear and decide the issues in any particular case Authority vested in a particular court to hear and decide the issues in any particular case Original jurisdiction: The jurisdiction of courts that hears a case first, usually in a trial Original jurisdiction: The jurisdiction of courts that hears a case first, usually in a trial Appellate jurisdiction: The power vested in an appellate court to review and/or revise the decision of a lower court Appellate jurisdiction: The power vested in an appellate court to review and/or revise the decision of a lower court

11. The American Legal System Criminal law Criminal law Codes of behavior related to the protection of property and individual safety Codes of behavior related to the protection of property and individual safety Civil law Codes of behavior related to business and contractual relationships between groups and individuals (typically disputes over money or property)

12. The Federal Court System Constitutional courts Constitutional courts Federal courts specifically created by the U.S. Constitution or Congress pursuant to its authority in Article III Federal courts specifically created by the U.S. Constitution or Congress pursuant to its authority in Article III Legislative courts Legislative courts Courts established by Congress for specialized purposes, such as the Court of Military Appeals Courts established by Congress for specialized purposes, such as the Court of Military Appeals

14. The Federal Court System District Courts District Courts 94 federal district courts staffed by 646 active judges, assisted by more than 300 retired judges 94 federal district courts staffed by 646 active judges, assisted by more than 300 retired judges No district courts cross state lines No district courts cross state lines Every state has at least one federal district court Every state has at least one federal district court The most populous states have four. (CA, TX, and NY) The most populous states have four. (CA, TX, and NY)

16. Original Jurisdiction of Federal District Courts Involve the federal government as a party Involve the federal government as a party Present a federal question based on a claim under the U.S. Constitution, a treaty with another nation, or a federal statute Present a federal question based on a claim under the U.S. Constitution, a treaty with another nation, or a federal statute Involve civil suits in which citizens are from different states, and the amount of money at issue is more than $75,000 Involve civil suits in which citizens are from different states, and the amount of money at issue is more than $75,000

17. District Courts Each federal judicial district has a U.S. attorney. Each federal judicial district has a U.S. attorney. This individual is nominated by the president and confirmed by the senate. This individual is nominated by the president and confirmed by the senate. The attorney is that district’s chief law enforcement officer. The attorney is that district’s chief law enforcement officer. They have a considerable amount of discretion as to whether they pursue criminal or civil investigations or file charges against individuals or corporations. They have a considerable amount of discretion as to whether they pursue criminal or civil investigations or file charges against individuals or corporations.

18. The Courts of Appeals The losing party in a case heard and decided in a federal district court can appeal the decision to the appropriate court of appeals. The losing party in a case heard and decided in a federal district court can appeal the decision to the appropriate court of appeals. 11 numbered circuit courts 11 numbered circuit courts Twelfth, D.C. Court of Appeals Twelfth, D.C. Court of Appeals Handles most appeals involving federal regulatory commissions and agencies Handles most appeals involving federal regulatory commissions and agencies Thirteenth, U.S. Court of Appeals for the Federal Circuit Thirteenth, U.S. Court of Appeals for the Federal Circuit Deals with patents and contract and financial claims against the federal government Deals with patents and contract and financial claims against the federal government

19. The Courts of Appeals Have no original jurisdiction Have no original jurisdiction Try to correct errors of law and procedure that have occurred in the lower courts or administrative agencies Try to correct errors of law and procedure that have occurred in the lower courts or administrative agencies Hear no new testimony Hear no new testimony Briefs submitted to them containing legal written arguments in a case Briefs submitted to them containing legal written arguments in a case

20. The Courts of Appeals Decisions of the court of appeals are binding on only the district courts within the geographic confines of the circuit Decisions of the court of appeals are binding on only the district courts within the geographic confines of the circuit Decisions of the Supreme Court are binding throughout the nation and establish national precedents Decisions of the Supreme Court are binding throughout the nation and establish national precedents Reliance on past decisions or precedents to formulate decisions in new cases is called “stare decisis.” Reliance on past decisions or precedents to formulate decisions in new cases is called “stare decisis.”

21. Coverage of the Court of Appeals (as of 2010) District of Columbia Circuit, John G. Roberts, Jr. District of Columbia Circuit, John G. Roberts, Jr. First Circuit, Stephen Breyer First Circuit, Stephen Breyer Second Circuit, Ruth Bader Ginsburg Second Circuit, Ruth Bader Ginsburg Third Circuit, Samuel A. Alito, Jr. Third Circuit, Samuel A. Alito, Jr. Fourth Circuit, John G. Roberts, Jr. Fourth Circuit, John G. Roberts, Jr. Fifth Circuit, Antonin Scalia Fifth Circuit, Antonin Scalia Sixth Circuit, Elena Kagan Sixth Circuit, Elena Kagan Seventh Circuit, Elena Kagan Seventh Circuit, Elena Kagan Eighth Circuit, Samuel A. Alito, Jr. Eighth Circuit, Samuel A. Alito, Jr. Ninth Circuit, Anthony M. Kennedy Ninth Circuit, Anthony M. Kennedy Tenth Circuit, Sonia Sotomayor Tenth Circuit, Sonia Sotomayor Eleventh Circuit, Clarence Thomas Eleventh Circuit, Clarence Thomas Federal Circuit, John G. Roberts, Jr. Federal Circuit, John G. Roberts, Jr.

22. The Supreme Court Reviews cases from the U.S. courts of appeals and state supreme courts (as well as other courts of last resort) Reviews cases from the U.S. courts of appeals and state supreme courts (as well as other courts of last resort) Acts as the final interpreter of the Constitution Acts as the final interpreter of the Constitution Ensures uniformity in the interpretation of national laws and the Constitution Ensures uniformity in the interpretation of national laws and the Constitution Resolves conflicts among the states Resolves conflicts among the states Maintains the supremacy of national law in the federal system Maintains the supremacy of national law in the federal system 8 justices and one chief justice 8 justices and one chief justice Relatively few support staff Relatively few support staff Clerks plus 400 staff members Clerks plus 400 staff members

24. How Federal Court Judges Are Selected Often a very political process Often a very political process Judges nominated by president and confirmed by Senate Judges nominated by president and confirmed by Senate Can reflect the ideological stamp of the president Can reflect the ideological stamp of the president Senatorial Courtesy Senatorial Courtesy A process by which presidents, when selecting district court judges, defer to the senator in whose state the vacancy occurs A process by which presidents, when selecting district court judges, defer to the senator in whose state the vacancy occurs

25. Who Are Federal Judges? Typically they have held other political offices. Typically they have held other political offices. State court judge or prosecutor State court judge or prosecutor Most have been involved in politics Most have been involved in politics White males tend to dominate White males tend to dominate

28. Appointments to the U.S. Supreme Court Nomination Criteria Nomination Criteria Competence Competence Ideology or Policy Preference Ideology or Policy Preference Strict constructionist: an approach to constitutional interpretation that emphasizes the Framer’s original intentions Strict constructionist: an approach to constitutional interpretation that emphasizes the Framer’s original intentions Rewards Rewards Pursuit of Political Support Pursuit of Political Support Religion Religion Race, Ethnicity, and Gender Race, Ethnicity, and Gender

29. The Roberts Court Conservatives Conservatives Roberts, Kennedy, Thomas, Scalia, Alito Roberts, Kennedy, Thomas, Scalia, Alito Liberals – Breyer, Ginsburg, Sotomayor, Kagan Liberals – Breyer, Ginsburg, Sotomayor, Kagan

30. Current Supreme Court

34. The Supreme Court Today: Deciding to Hear a Case 8,159 cases were filed at the Supreme Court in its 2009 term. 8,159 cases were filed at the Supreme Court in its 2009 term. 82 argued, 73 signed opinions issued 82 argued, 73 signed opinions issued In the 1940s, fewer than 1000 cases were filed annually In the 1940s, fewer than 1000 cases were filed annually Today many of the cases involve Bill of Rights issues Today many of the cases involve Bill of Rights issues

35. Cases with Supreme Court Jurisdiction All cases arising under the Constitution and laws or treaties of the United States All cases arising under the Constitution and laws or treaties of the United States All cases of maritime or admiralty jurisdiction All cases of maritime or admiralty jurisdiction Cases in which the US is a party Cases in which the US is a party Controversies between a state and citizens of another state (later modified by the 11 th Amend) Controversies between a state and citizens of another state (later modified by the 11 th Amend) Controversies between two or more states Controversies between two or more states Controversies between citizens of different states Controversies between citizens of different states Controversies between citizens of the same states claiming lands under grants in different states Controversies between citizens of the same states claiming lands under grants in different states Controversies between a state, or citizens of a state, and foreign states or citizens Controversies between a state, or citizens of a state, and foreign states or citizens All cases affecting ambassadors or other public ministers All cases affecting ambassadors or other public ministers

38. Supreme Court Today Court has two types of jurisdiction: Original & Appellate Court has two types of jurisdiction: Original & Appellate Writ of certiorari Writ of certiorari A request for the court to order up the records from a lower court to review the case A request for the court to order up the records from a lower court to review the case Use the Rule of Four Use the Rule of Four Court controls its caseload through the certiorari process. Court controls its caseload through the certiorari process. All petitions for certiorari must meet two criteria: All petitions for certiorari must meet two criteria: The case must come either from a U.S. court of appeals, a special three-judge district court, or a state court of last resort. The case must come either from a U.S. court of appeals, a special three-judge district court, or a state court of last resort. Case must involve a federal question. This means that the case must present questions of interpretation of federal constitutional law or involve a federal statute, action or treaty. Case must involve a federal question. This means that the case must present questions of interpretation of federal constitutional law or involve a federal statute, action or treaty.

39. How Does a Case Survive the Process? Characteristics of the cases the Court accepts: Characteristics of the cases the Court accepts: The federal government is the party asking for review through the Solicitor General The federal government is the party asking for review through the Solicitor General The case involves conflict among circuit courts. The case involves conflict among circuit courts. The case presents a civil rights or civil liberties question. The case presents a civil rights or civil liberties question. The case involves ideological and/or policy preferences of the justices. The case involves ideological and/or policy preferences of the justices. The case has significant social or political interest, as evidenced by the presence of interest group amicus curiae briefs. The case has significant social or political interest, as evidenced by the presence of interest group amicus curiae briefs.

41. Hearing and Deciding a Case Oral Arguments Oral Arguments 7 sittings, 2 weeks long 7 sittings, 2 weeks long Supreme Court Conference Supreme Court Conference Each Friday Each Friday Vote and write Majority Opinion Vote and write Majority Opinion

42. Written Decisions of the Court Opinion of the Court Opinion of the Court Majority opinion – often written by senior member Majority opinion – often written by senior member Concurring Opinion Concurring Opinion Agreed with Opinion of Court but not the reason behind the decision Agreed with Opinion of Court but not the reason behind the decision Dissenting Opinion Dissenting Opinion Disagreed with Opinion of Court Disagreed with Opinion of Court

43. Judicial Philosophy Judicial restraint: Judicial restraint: A philosophy of judicial decision making that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own sense of principles A philosophy of judicial decision making that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own sense of principles Judicial activism: Judicial activism: A philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the areas of equality and personal liberty (even if it affects policy) A philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the areas of equality and personal liberty (even if it affects policy)