1. THE POLITICAL SYSTEM OF THE UNITED STATES Lecture 5 THE JUDICIAL BRANCH

2. THE FEDERAL COURT SYSTEM Regulated by the Constitution Article III The Judicial Power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish 11 U.S. Court of Appeals, 100 U.S. District Courts District Courts, Courts of Appeal, U.S. Supreme Court

3. FUNCTIONS OF THE JUDICIAL BRANCH Do not actively seek out cases Decide whether the laws and treaties or other governmental actions are constitutional or not (judicial review) Provide a fair trial for those accused of federal crimes, of breaking federal laws Handle disputes between citizens of different states, or between states

4. TYPES OF CASES Jurisdiction: the power of a court to consider the case Criminal cases Civil case: dispute over legal rights or duties Plaintiff v. defendant Cases in equity

5. CRIMINAL CASES Government, or governmental agency is the plaintiff U.S. v. Nixon, California v. Manson An attempt is made to punish someone for breaking the law Loss of life, liberty, or financial resources

6. CASES IN EQUITY An attempt is made to correct an unfair situation before it is too late Equity means fairness Remedies have to be provided when ordinary remedies might come too late Brown v. Board of Education- desegregation of public schools

7. THE SUPREME COURT OF THE UNITED STATES The Marble Temple Since 1869: Nine justices 1 chief justice, 8 associate justices 1930s: Franklin Roosevelt attempted to change the size of the Supreme Court 1937: Court Packing scheme,”nine old men” defeated New Deal laws

8. MAIN FEATURES No minimum age or other special qualifications No legal education is required No time limit on serving as a justice Appointed by the President, confirmed by the Senate In the storm center of political controversy Gideon v. Wainwright, Anthony Lewis: Gideon’s trumpet Miranda v. Arizona

9. MAIN FEATURES A temple of law An arbitrator of political disputes Authoritative organ of law Expression of the American Ideal of government of laws not of men. Yet, antidemocratic, countermajoritarian power

10. JURISDICTION OF THE SUPREME COURT Original jurisdiction: in cases where ambassadors or foreign officials are involved Apellate jurisdiction: constitutional issues, Over 4,000 cases on appeal, writ of certiorari given only to 10%, an order to a lower court to handle over case documents for review No advisory opinion given If the Court does not want to deal with an issue: declares it a political question

11. DECISION MAKING BY THE SUPREME COURT Session from first Monday from October until late June Public hearings, oral sessions for two weeks Nine little law firms Decisions are made by majority vote Majority opinion: justification of decision, dissent: minority opinion, concurring opinion Court cases collected in United States Reports

12. HISTORIC SUPREME COURT DECISIONS The Marshall Court 1801-1835 1803: Marbury v. Madison-judicial review 1819: McCulloch v. Maryland-power to tax is the power to destroy 1824: Gibbons v. Ogden: Interstate commerce 1857: Dred Scott v. Sanford: declared the Missouri Compromise unconstitutional 1896: Plessy v. Ferguson: separate but equal

13. HISTORIC SUPREME COURT DECISIONS 1954: School desegregation. „the doctrine Separate but equal in has no place in public schools” With all deliberate speed 9:0 Roe v. Wade (1973) right to privacy: abortion in the first trimester of pregnancy Earl Warren, the Warren Court 1954-1973

14. SOURCE OF COURT’S POWER The duty to give authoritative meaning to the Constitution Persuasive force of reason Institutional prestige Cooperation of other political institutions Public opinion