Government, Chapters 11 and

12

The Judicial Branch

Powers of the Federal Courts!

Initially Courts played a minor role! Chief Justice John Marshal

1801-1835, increased the courts powers

Jurisdiction- Authority to hear casesConcurrent jurisdictionOriginal jurisdictionAppellate jurisdiction

Developing Supreme Court Power! Marbury v. Madison- judicial

review 1803 McCulloch v. Maryland- implied

powers 1819 Gibbons v. Ogden- commerce

powers 1824

Dred Scott v. Sandford- Shift to State power 1856

Lower Federal Courts!

94 District CourtsGrand Jury, 16-23 people,

rule to go ahead with charges or not.

Petit Jury, 6-12, hear the case and make a ruling.

80% of all federal cases heard here

Few appealed

Lower Federal Courts!

12 judicial circuits, Appellate Courts 1 National Court of Appeals

Legislative courtsU.S. court of Federal ClaimsU.S. Tax courtTerritorial CourtsCourt of Veterans’ Appeals

Selection of federal Judges!Appointed for life

Nominated by the President, Senate confirms.

Party affiliation importantSenatorial courtesy, Senator

from the state being appointed objects to a district judge, no confirmation

The Supreme Court!Has both Original and Appellate

jurisdiction9 Justices today, no amount set in

the Constitution.Duties have developed over time.One assigned to each circuit to

hear appeals

The Supreme court at work!

9 month session, October-June.

Two weeks of hearing casesRender an opinion, written

statements on the decision2000, 8,900 cases

appealed, 83 cases heard

How cases Reach the Court!

Writ of Certiorari- Order from the court to send up paperwork from lower court.

No reason given for rejecting cases.

Lower decision standsStare Decisis

Solicitor General- Represents the Federal government

Decides to appeal or not.

How cases Reach the Court! Selecting Cases

Clerks read petitions and summarize.If chosen by a Justice goes to the

discuss list2/3rds do not make itFriday Conference of Justices to

chooseRule of Four- Four agree to hear a

case it is heard by the court.

Deciding Major Cases!

Briefs submitted- legal arguments Amicus curiae briefs- Outside

information about the case. Oral Arguments

30 minutes for each side Justices interrupt, question etc.Strict time limitFormally informal

Deciding Major Cases!

The ConferenceWednesdays and FridaysOnly the nine, no minutes kept

Writing the OpinionUnanimous opinionMajority OpinionConcurring OpinionDissenting Opinion

Shaping Public Policy! 1. Using Judicial Review

Miranda v. Arizona- police acted unconstitutionally

2. Interpreting the meaning of lawsPGA Tour, Inc. v. Martin

3. Overruling or reversing its previous decisionsPlessy v. Ferguson, Brown v. Board of Education

Shaping Public Policy!

Limited control over Agenda- Only decides cases that come from elsewhere.

Lack of Enforcement- Executive Branch must support the decision