Identify the Following People

According to a June 2010 Survey by FindLaw.com

• 2/3 of Americans could not name a single member of the Supreme Court

• More people knew who sang Thriller and Billie Jean than what was included in the Bill of Rights

The Roberts Court, 2010Top row (left to right):Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Bottom row (left to right):

Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg

Unit 6:The Judicial Branch

THE JUDICIAL BRANCHNote Guide 1

What does the Constitution Say About the Structure of the Judicial

Branch?• Not much!– People already had an idea of what a

court should look like and do

• Article 3 mentions the Supreme Court– Gives Congress the power to establish

lower courts as needed

The Judicial Branch Has 2 Functions

1. Settling conflict and disputes– Interpret the meaning of laws– Apply the law to an actual situation

2. Establish precedent– Sets guidelines for how future cases

should be decided

Two Types of Legal Conflict

Civil Law Criminal LawConflicts between private parties• Disputes,• Accidents

Government measures to protect the welfare of society and punish those who fail to comply

Plaintiffv.

Defendant

Prosecutor (Government) v.

Defendant

Guilt based on a preponderance of the evidence • more likely than not the

defendant is at fault

Guilt beyond a reasonable doubt• No other reasonable explanation

other than the accused did it

Compensation ($$) Jail, Probation, Fines

Dual Court System

There are TWO separate court systems in the US

– The national courts (federal judiciary) with over 100 courts

– EACH state has its OWN court system• Most cases are

heard in state courts

What is the difference between the courts?

• It depends on a court’s jurisdiction– The authority to hear and decide a case

Types of Jurisdiction

Federal (Exclusive) Jurisdiction: Cases that only can be heard in federal court• Federal laws & crimes• Treaties & foreign

countries• Patents & copyrights• Interstate & Foreign

trade• Disputes between

states• Habeas Corpus

State Jurisdiction: Cases that only can be heard in state courts• State crimes• Traffic violations• Divorce• Child custody• Contract

disputes• Worker’s injury• Inheritance

Concurrent Jurisdiction:Cases that can be heard in EITHER federal or state courts• Federal/state crimes, civil rights, claims, US

Constitution, environmental regulation, class-action

Types of Jurisdiction

• Original Jurisdiction– Power to hear a case for the FIRST time

• Appellate Jurisdiction– Power to hear and decide a case that

has already been tried• Look for errors made in lower courts

HOW IS OUR FEDERAL JUDICIARY (NATIONAL COURT SYSTEM) ORGANIZED?

Cases Heard in the Federal Courts

Cases that involve• The Constitution

• Federal laws

• Civil cases where plaintiff and defendant are from different states, citizens of different states

US District Courts

US Supreme Court

Organization of Federal Courts

District Courts

• Lowest level of courts

• Original jurisdiction– Cases start here

• 94 districts in 50 states and territories

• Judge with jury

Named after former U.S. Senator Thomas F. Eagleton the United States courthouse is 29 stories tall, over a million square feet and the largest single courthouse in the country.

Court of Appeals

• Appellate jurisdiction only– Determine if district courts made an

error in applying the law

• Panel of 3 Judges, no jury

Court of Appeals

12th Circuit:Washington DC

13th Circuit – by subject (veteran’s benefits, trade)

Supreme Court

• Highest court

• 9 Justices – no jury

• One court meets in Washington DC

• Original and Appellate Jurisdiction

Special Courts

Established by Congress to deal with special cases• Court of International Trade• Court of Veterans Claims• US Tax Courts• Military Courts• US Court of Appeals for the Armed Forces• Alien Terrorist Removal Courts• Foreign Surveillance Court• Military Tribunals

How do You Become a Federal Judge?

President Appoints

Senate Confirmation Hearing

Full Senate Vote (2/3 required)

Judge is Confirmed

No Constitutional qualifications!!!

Term• Hold office “during good behavior” = for life• Until one dies, resigns, retires, removed• 13 judges have been impeached; 7 removed

Supreme Court

The Supreme Court is described as the court of last resort• It is the highest court• It has the final say

How is the SC organized?

• 9 Justices– 1 Chief Justice

• John Roberts• Runs the court

– 8 Associate Justices

• Appointed by the president– Approved by the Senate (2/3 vote)

• Term: Serve for life

The Roberts Court, 2010Top row (left to right):Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Bottom row (left to right):

Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg

How the Court Operates

• The court “sits” from October to June/July

• Alternates between hearing and deciding cases– 2 weeks hearing cases– 2 weeks deciding cases

Jurisdiction of Supreme Court

• Appellate Jurisdiction–Most cases come to SC on appeals from

the Federal Appeals Court or state supreme courts

• Original Jurisdiction (1-2 cases per year)– Cases involving disputes between states– Cases brought against ambassadors

How does the SC Choose Its Cases?

• The party that lost the case at the appeals level will petition (ask) the SC to take its case

• Supreme Court issues a writ of certiorari– “to make certain”– Legal document ordering the lower court

to send up the court record for review

Why is the Supreme Court So Powerful?

Due to the power of judicial review• Allows the Supreme Court to declare

laws and actions unconstitutional• Established by Marbury v Madison

(1803)

The Players

John Adams: Out-going president

Thomas Jefferson: In-coming president

James Madison: TJ’s Secretary of State

William Marbury: Appointed Justice of the Peace by Adams

John Marshall: Chief Justice of the SC

Changing the Constitution

• Delegates knew if the Constitution were to last, it would have to be able to change and adapt to new times and situations

Formal Amendment

A formal amendment is a change to the Constitution in actual words• 27 amendments to the Constitution

Step 1: Step 2: Proposal Ratification (suggestion) (approval)

Proposed by Congress with a 2/3 vote of each house

Proposed by a national convention

called by Congress at the request of 2/3 of the state legislatures

(34)

Ratified by ¾ of the state legislatures

(38)

Ratified by 3/4 of states at ratifying

conventions(38)

Most common is blue to red

Only 21st Amendment was blue to purple

Green has never been done

Why do most proposals fail?

• Must have broad support within society to change the Constitution– 2/3 for proposal hard

to achieve– 3/4 for ratification

even more difficult

Equal Rights Amendment

Proposed Amendments of 111th Congress

• Remove term limit for president• Establish a balanced budget

amendment• Prohibit the desecration of the US

flag• Abolish the electoral college• Repeal (cancel) the 16th Amendment

(income taxes)• Set congressional term limits

Other Ways to Change the Constitution

By interpretation• How the words of the Constitution

are read and understood.

Examples of change through interpretation• “We the People . . .” in the Preamble

used to mean white, male land-owners over 21 years

Do you know . . .

• Criminal Law• Precedent• Civil Law• Dual Court System• Levels of Federal Judiciary• Jurisdiction– Original vs. Appellate– Federal, State, Concurrent

Review

PetitionWrit of CertiorariRule of FourLegal BriefOral ArgumentsConferenceMajority Opinion

Dissenting OpinionConcurring OpinionPrecedentJudicial ReviewMarbury v MadisonSelecting a judge (process)