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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)