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Ch. 18 – The Judicial Ch. 18 – The Judicial BranchBranch
““The Final Say”The Final Say”
The Role of the Judicial BranchThe Role of the Judicial Branch
To interpret and define lawTo interpret and define law This involves hearing This involves hearing
individual cases and deciding individual cases and deciding how the law should applyhow the law should apply
Remember – there are federal Remember – there are federal courts for federal law, and courts for federal law, and state courts for state laws!state courts for state laws!
Where Do the Courts’ Power Come Where Do the Courts’ Power Come From?From?
Article III of the Constitution Article III of the Constitution creates “one supreme court, creates “one supreme court, and such inferior courts” that and such inferior courts” that Congress createsCongress creates
Thus, Congress creates the Thus, Congress creates the system underneath Supreme system underneath Supreme CourtCourt
3 Major Steps in the Federal 3 Major Steps in the Federal SystemSystem
District Court
Court of Appeals
Supreme Court
94 1
12 3
1 9
Courts Judges
JurisdictionJurisdiction
Jurisdiction – the authority of Jurisdiction – the authority of a court to hear (try and a court to hear (try and decide on) a casedecide on) a case
4 Types of Jurisdiction:4 Types of Jurisdiction:Exclusive Jurisdiction – only Exclusive Jurisdiction – only federal court has authority federal court has authority to hear, state court cannotto hear, state court cannot
JurisdictionJurisdiction
Concurrent Jurisdiction – federal Concurrent Jurisdiction – federal or state court could hearor state court could hear
Original Jurisdiction – court is the Original Jurisdiction – court is the first one to hear a casefirst one to hear a case
Appellate Jurisdiction – court can Appellate Jurisdiction – court can only hear a case on appealonly hear a case on appeal
JurisdictionJurisdiction
U.S. District Courts have U.S. District Courts have original jurisdictionoriginal jurisdiction
The Court of Appeals has The Court of Appeals has appellate jurisdictionappellate jurisdiction
Supreme Court has bothSupreme Court has both
Appointment of JudgesAppointment of Judges
President President nominates nominates someone to someone to become a judgebecome a judge
Senate majority Senate majority vote confirmsvote confirms
Remember – Remember – Senatorial Senatorial Courtesy!Courtesy!
Judges serve for lifeJudges serve for life
Why Life Terms?Why Life Terms?
Founding Fathers wanted an Founding Fathers wanted an independent judiciaryindependent judiciary
District CourtDistrict Court
District Court is the principal trial District Court is the principal trial court in the system (first trial for court in the system (first trial for the vast majority of federal the vast majority of federal cases)cases)
94 Districts divided 94 Districts divided geographicallygeographically
Hears both criminal and civil Hears both criminal and civil casescases
Process of a CaseProcess of a Case U.S. attorney gathers up all U.S. attorney gathers up all
the evidence against youthe evidence against you Presents it to a grand jury, 16 Presents it to a grand jury, 16
to 23 people who decide to 23 people who decide whether there is enough whether there is enough evidence to charge youevidence to charge you
If they vote to charge you, If they vote to charge you, trial begins with a new jurytrial begins with a new jury
Process of a CaseProcess of a Case If you lose your trial, you have the If you lose your trial, you have the
option to appeal to a higher courtoption to appeal to a higher court The higher court does not have to The higher court does not have to
hear your case, they will only take hear your case, they will only take it if there is a significant problem it if there is a significant problem with the lower court decisionwith the lower court decision
Higher courts have the option to Higher courts have the option to overturn or modify lower court overturn or modify lower court decisionsdecisions
Supreme CourtSupreme Court
The “Court of The “Court of Last Resort” – Last Resort” – highest court highest court in the countryin the country
Has power of Has power of judicial reviewjudicial review
Judicial ReviewJudicial Review
Judicial Review – the power to Judicial Review – the power to declare acts of government declare acts of government unconstitutional, thus unconstitutional, thus eliminating themeliminating them
All comes from the case of All comes from the case of Marbury v. MadisonMarbury v. Madison
Marbury v. MadisonMarbury v. Madison
Adams has just lost to Jefferson Adams has just lost to Jefferson in the election of 1800in the election of 1800
To preserve his legacy, Adams To preserve his legacy, Adams has Federalists in Congress has Federalists in Congress create loads of new judgeshipscreate loads of new judgeships
Adams appoints Federalist party Adams appoints Federalist party members to all the new positionsmembers to all the new positions
Marbury v. MadisonMarbury v. Madison Jefferson was Jefferson was
very upsetvery upset Jefferson ordered Jefferson ordered
Madison not to Madison not to deliver the deliver the commissionscommissions
Marbury, who Marbury, who was to be a was to be a judge, sued judge, sued MadisonMadison
I am very upset!
In to Save the Day…In to Save the Day…
Decision in Marbury v. MadisonDecision in Marbury v. Madison
Judiciary Act of 1789 gave Judiciary Act of 1789 gave Supreme Court original Supreme Court original jurisdiction in disputes about jurisdiction in disputes about judgeshipsjudgeships
Article III of the Constitution Article III of the Constitution gives Supreme Court appellate gives Supreme Court appellate jurisdiction in those casesjurisdiction in those cases
Decision in Marbury v. MadisonDecision in Marbury v. Madison
Therefore, Judiciary Act of 1789, Therefore, Judiciary Act of 1789, and Marbury’s lawsuit are…and Marbury’s lawsuit are…
First time Supreme Court struck First time Supreme Court struck down an act of government as down an act of government as unconstitutionalunconstitutional
Another Route to Supreme CourtAnother Route to Supreme Court
District Court
Court of Appeals
Supreme Court
State Supreme Court
State Appellate Court
State Trial Court
How a Case Reaches Supreme How a Case Reaches Supreme CourtCourt
Court will issue a Court will issue a writ of writ of certioraricertiorari (acceptance of a case) (acceptance of a case) if 4 of the 9 justices wish to hear if 4 of the 9 justices wish to hear itit Called the “Rule of 4”Called the “Rule of 4”
Or, court will issue a Or, court will issue a certificatecertificate if if a lower court says they don’t a lower court says they don’t know how to decide on itknow how to decide on it
Trial Process at Supreme CourtTrial Process at Supreme Court
Trial does not function like Trial does not function like principal trial courtsprincipal trial courts No “evidence” presented, or No “evidence” presented, or
witnesses questioned, etc.witnesses questioned, etc. Rather, one attorney for each Rather, one attorney for each
side presents his arguments side presents his arguments for 30 minutes, while being for 30 minutes, while being questioned by justicesquestioned by justices
Trial Process at Supreme CourtTrial Process at Supreme Court Once arguments are over, justices Once arguments are over, justices
will write will write opinionsopinions on the case, on the case, and each justice chooses which and each justice chooses which opinion to sign his/her name toopinion to sign his/her name to Majority Opinion – final decision Majority Opinion – final decision
on the case, signed by at least 5 on the case, signed by at least 5 justicesjusticesBecomes Becomes precedentprecedent for how future for how future similar cases should be decidedsimilar cases should be decided
Trial Process at Supreme CourtTrial Process at Supreme CourtDissenting Opinion – written Dissenting Opinion – written or signed by any justice who or signed by any justice who disagrees with the majoritydisagrees with the majorityIt’s important because it can It’s important because it can become the logic for a future become the logic for a future group of justices to overturn group of justices to overturn this decisionthis decision
Trial Process at Supreme CourtTrial Process at Supreme CourtConcurring Opinion – written Concurring Opinion – written by a justice who votes with by a justice who votes with the majority, but disagrees the majority, but disagrees with their reasoning as to with their reasoning as to whywhy
If a justice has a conflict of If a justice has a conflict of interest in a case, he/she interest in a case, he/she may may recuserecuse himself (stay himself (stay off of the case)off of the case)
Current SCOTUSCurrent SCOTUS
Current Supreme Court JusticesCurrent Supreme Court Justices
Chief Justice Chief Justice John RobertsJohn Roberts
Appointed: Appointed: Bush, 2005Bush, 2005
Age: 55Age: 55 ConservativeConservative
Current Supreme Court JusticesCurrent Supreme Court Justices
Sonia Sonia Sotomayor Sotomayor
Appointed: Appointed: Obama 2009Obama 2009
Age:56Age:56
Strong LiberalStrong Liberal
Current Supreme Court JusticesCurrent Supreme Court Justices
Antonin ScaliaAntonin Scalia Appointed: Appointed:
Reagan, 1986Reagan, 1986 Age: 75Age: 75 Strong Strong
ConservativeConservative
Current Supreme Court JusticesCurrent Supreme Court Justices
Anthony Anthony KennedyKennedy
Appointed: Appointed: Reagan, 1988Reagan, 1988
Age: 75Age: 75 Swing Vote Swing Vote
(Usually (Usually Conservative)Conservative)
Current Supreme Court JusticesCurrent Supreme Court Justices
Elena KaganElena Kagan Appointed: Appointed:
Obama, 2010Obama, 2010 Age: 50 Age: 50 LiberalLiberal
Current Supreme Court JusticesCurrent Supreme Court Justices
Clarence Clarence ThomasThomas
Appointed: Appointed: Bush, 1991Bush, 1991
Age: 63Age: 63 Strong Strong
ConservativeConservative
Current Supreme Court JusticesCurrent Supreme Court Justices
Ruth Bader Ruth Bader GinsburgGinsburg
Appointed: Appointed: Clinton, 1993Clinton, 1993
Age: 78Age: 78 Strong LiberalStrong Liberal
Current Supreme Court JusticesCurrent Supreme Court Justices
Stephen Stephen BreyerBreyer
Appointed: Appointed: Clinton, 1994Clinton, 1994
Age: 70Age: 70 Strong LiberalStrong Liberal
Current Supreme Court JusticesCurrent Supreme Court Justices
Samuel AlitoSamuel Alito Appointed: Appointed:
Bush, 2006Bush, 2006 Age: 58Age: 58 ConservativeConservative