1. UNIT 4: SECTION 1 JUDICIAL BRANCH: ROLES, RESPONSIBILITIES, AND POWERS Essential Questions: How are Supreme Court justices appointed and confirmed by the executive and legislative branches? What are their powers and length of terms? 1

2. The National Judiciary Law under the Articles of Confederation – There was no national judiciary – Each state interpreted and applied the laws as they saw fit – When conflicts over jurisdiction between states, there was no way to settle the dispute 2

3. The National Judiciary There are two different court systems in the US – State Courts Each state is responsible for maintaining its own court system State Courts deal with the laws and issues that apply to the state, not federal laws – Federal (National) Judiciary Made up of more than 100 courts nationwide Responsible for dealing with cases involving the violation of federal laws 3

4. The National Judiciary The Types of Federal Courts The Constitution calls for the creation of the Supreme Court and leaves the creation of other courts (the inferior courts) to Congress – The Inferior Courts Constitutional Courts Special Courts 4

5. The National Judiciary Federal Jurisdiction – Jurisdiction: the authority of a court to decide a case Types of Jurisdiction – Exclusive Jurisdiction: cases that can be heard only in the federal courts – Concurrent Jurisdiction: those cases that may be tried in either a State or Federal court 5 Please copy the above diagram

6. The National Judiciary Types of Jurisdiction – Original Jurisdiction: the court in which the case is first heard. – Appellate Jurisdiction: a court that hears a case on appeal (a challenge to an earlier court ruling). 6

7. The National Judiciary Choosing a Supreme Court Judge – The decision to appoint a Supreme Court Justice is a long process that has lasting effects on future generations – The ruling history of a candidate for the Supreme Court is reviewed looking for pattern on how the candidate typically rules on key issues 7

8. The National Judiciary The Appointment of Judges – Federal judges are appointed by the President with guidance from the Senate – All appointments must be ratified by the Senate – They are usually chosen from the Presidents’ own political party – The appointment of judges leaves a lasting legacy of a President that will continue long after the President is out of office 8

9. The National Judiciary Judicial Philosophy: How a judge is likely to interpret the Constitution? – Judicial Restraint Believe judges should make case rulings on the basis of the original intent of the Framers They should also rule according to precedents (in line with previous decisions on similar cases) – Judicial Activism Believe judges should make rulings that reflect the changes in society The focus is on what the Framers intended Believe the courts should take an active role in fixing societies problems (Civil Rights and Social Welfare Issues) 9

10. The National Judiciary Terms of Service – Judges appointed to the Federal Courts serve for life – This was done in order to allow the judiciary to remain independent of public opinion and political pressure Salary: – $179,000-$217,000 depending on the level of court assigned 10

11. The Inferior Courts Organization and Jurisdiction – District Courts There are 89 federal courts across the US The courts serve as original jurisdiction for most federal cases Cases tried in the District Courts usually involve criminal actions / violations of federal law (tax evasion, fraud, bank robbery, etc.) 11

12. The Inferior Courts – The Courts of Appeals (also known as the Circuit Courts) 12 courts established across the country. Typically, appeals trials will have a panel of 3 judges hearing the case On particularly important cases, the case may be tried “en banc” with all of the judges of that circuit hearing the case When people wish to challenge the ruling of a lower (district) court their case is brought before the court of appeals. 12

13. The Supreme Court The Power of Judicial Review – The power to interpret constitutionality of any law or act of government – Granted through the court decision Marbury v. Madison The decisions of the Supreme Court have the potential of changing / effecting history The end of Segregation, Abortion, Birth Control, and many Civil Liberties have been shaped through decisions made in the Supreme Court 13

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15. The Supreme Court How a case reaches the Supreme Court and the Trial Procedures – Nearly 8,000 cases are brought before the court each year – The court hears only a few of them (approximately 100 each year), most are sent back to their lower courts When a case is returned to the lower court, the previous decision stands 15

16. The Supreme Court Step 1 – Those who are interested in having the court hear their case file a writ of certiorari an order from the court to send the records to the Supreme Court for review The Rule of Four: If at lease 4 Justices wish to hear the case, the case is placed on the docket for review at a later time – The certificate process is used by lower courts to file a case with the Supreme Court when the lower court is not sure of the procedure or rule of law that applies to the case The SC gives the lower court advice then returns the case for trial 16

17. The Supreme Court Step 2 – Once the case is placed on the docket, both sides of the case prepare their briefs (their arguments for the case) – Oral Arguments Each side is given 30 minutes to present their case before the Justices. When necessary, the Justices will ask questions Groups not directly involved in the case may add amicus curiae briefs (friend of the court briefs) to help with the case by providing additional information 17

18. The Supreme Court Step 3 – The court sits in conference The Justices meet in a conference room and discuss the cases that have been presented before them The Chief Justice presides over the meeting and is the first to make arguments for his/her decision on a case The other Justices present their arguments in the order of seniority Once arguments are made a vote is taken and a decision is made based on a simple majority About 1/3 of all cases are decided unanimously, the rest are ruled by split decision 18

19. The Supreme Court Step 4 Drafting the Opinions – The courts decision is recorded as a matter of public record and law – There are 3 types of opinions that may be written, each is significant as many times the decision establishes a precedent (an example to be followed by future court decisions) Majority Opinion – The decision of the courts ruling of the case. It announces the courts decision and gives an explanation of the reasoning behind the decision Concurring Opinion – Justices who agreed with the decision but for a different reason than that listed in the Majority Opinion will draft their own opinion stating their reasons behind their decision Dissenting Opinion – Written by those Justices who disagreed with the courts decision argue their reasons for disagreeing – This becomes important for future court rulings as it may lead to a different interpretation of the law in the future 19