2. The Federal Courts Unit 6 – Chapter 20 “Without them (federal judges) the Constitution would be a dead letter” Alexis de Tocqueville

3. Article III Article III establishes a federal court system – Supreme Court is the only federal court expressly written in the Constitution Congress creates all “inferior” federal courts – Have made 100’s of “inferior” courts New congressional laws tend to be written in broad terms The judiciary branch interprets how the law applies in specific situations John Roberts Thurgood Marshall

4. Types of Law Common Law – derived from England – Case law – court decision on statues, regulations, and constitutional provision that actually become official law These cases serve as precedent, examples for future cases Constitutional law – no laws may violate the US Constitution – no state laws may violate their state constitutions or the US Constitution Statutory law – laws passed by a legislative body – Congress, state assemblies, city councils

5. Criminal v. Civil Law Criminal law – Wrongs committed against the public as a whole – Penalties include fines and/or imprisonment – Due process applies – Greater burden to prove guilt Civil law – Wrongs committed between citizens or citizens and their government – Penalties can only be financial – Due process applies – Lesser burden to prove wrongdoing

6. Under what circumstances do judges make new laws for everyone to follow? Isn’t this a violation of Separation of Powers?

7. Federal Court Structure US District Courts Trial courts – hear evidence and jury makes decisions ONLY federal courts that hears evidence 94 federal judiciary districts in the US – at least one in each state

8. Federal Court Structure US Courts of Appeals Appellate courts 13 different judicial circuits – districts DO NOT hear testimony or evidence Reviews the court case to see if any mistakes were made – procedural or substantive due process

9. Federal Court Structure The Supreme Court Final decision maker for all court cases 9 judges – appointed by the president and approved by the Senate

10. Jurisdiction authority of a court to hear a case Original jurisdiction – court can hear a case for the first time – Federal courts have original jurisdiction for a claim against federal law or the Constitution When parties in a lawsuit live in different states or if one party is a foreign government or citizen Some cases are exclusive jurisdiction of the US courts, while others have concurrent jurisdiction Appellate jurisdiction – court has the power to review a case

11. If you are involved in a case that has concurrent jurisdiction, under what circumstances would you want to choose to have your trial in a federal court? Samuel Alito

12. How a case reaches the Supreme Court Only has original jurisdiction in a small number of situations Appealing party must request the Supreme Court issue a writ of certiorari – Rule of 4 granted if the case is an important policy matter Granted if lower courts issue conflicting opinions – Court generally hears less than 100 cases each year

13. Supreme Court Hearings The court is in session from Oct – Jun(?) Parties file a brief May present oral arguments – Each can only last 30 minute – Justices may ask question – Arguments are on Mon - Wed Conferences are held on Fridays – Cases are discussed by justices – Votes are taken – Opinions are assigned by Chief Justice or highest ranking majority judge

14. Decisions and Opinions Opinions are reasons for the courts decisions – Unanimous opinion – when all justices agree – Majority opinion – the views of the majority of justices – Concurring opinion – a justice agrees with the decision, but for different reasons – Dissenting opinion – justices who did not agree with the majority Often used a basis for arguments on cases years later that have caused the Court to reverse itself

15. Ruth Bader Ginsburg What types of cases would the Supreme Court decide not to hear, and are these unheard cases now “the rule of law”?

16. Judicial Appointments Nominated by the President – life terms, 9 judges – Presidents lasting legacy Confirmed by the Senate – 2/3 vote Ideology plays a large part in the nomination and confirmation process – Party affiliation, views on hot topics (abortion), judicial activism or judicial restraint

17. Policy Makers Originally the Supreme Court was viewed as very weak, less important Today it plays a large role in public policy – Judicial review – determines if a law or action violates the Constitution Power is not expressly written in the Constitution Established by Chief Justice John Marshall in the case Marbury v. Madison John Marshall

18. Judicial Activism/Restraint Judicial Activism – Courts should use its power to altar the practices of Congress, the executive branch, and state legislatures – Can either be conservative or liberal activism Liberal from 1950-1980 Conservative from 1980-Present – More conservative judges – Rules against restrictive gun laws and affirmative action Judicial Restraint - Courts should rarely use its power of judicial review – only if the Constitution is clearly violated – Respect the decision of popularly elected officials – Generally a conservative approach

19. Checks on the Courts Legislative Checks: – Approve justices – Refuse to fund decision – Propose an amendment that reverses decision – Make laws that overturn decision Executive Checks: – Appoints justices – Refuse to enforce decision Judicial Checks: – Lower courts can ignore Supreme court rulings Public opinion can sway judges to reverse their decisions and often give judges the feeling of self- restraint

20. Clarence Thomas What type of “hippy, tree-hugging” ideology will a President Obama judicial nominee have, and will his nominee be confirmed by the Senate?