Ch. 18 – The Judicial Branch “The Final Say” The Role of the Judicial Branch To interpret and define law To interpret and define law This involves hearing

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


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


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


Sonia Sonia Sotomayor Sotomayor

Appointed: Appointed: Obama 2009Obama 2009

Age:56Age:56

Strong LiberalStrong Liberal


Antonin ScaliaAntonin Scalia Appointed: Appointed:

Reagan, 1986Reagan, 1986 Age: 75Age: 75 Strong Strong

ConservativeConservative


Anthony Anthony KennedyKennedy

Appointed: Appointed: Reagan, 1988Reagan, 1988

Age: 75Age: 75 Swing Vote Swing Vote

(Usually (Usually Conservative)Conservative)


Elena KaganElena Kagan Appointed: Appointed:

Obama, 2010Obama, 2010 Age: 50 Age: 50 LiberalLiberal


Clarence Clarence ThomasThomas

Appointed: Appointed: Bush, 1991Bush, 1991

Age: 63Age: 63 Strong Strong

ConservativeConservative


Ruth Bader Ruth Bader GinsburgGinsburg

Appointed: Appointed: Clinton, 1993Clinton, 1993

Age: 78Age: 78 Strong LiberalStrong Liberal


Stephen Stephen BreyerBreyer

Appointed: Appointed: Clinton, 1994Clinton, 1994

Age: 70Age: 70 Strong LiberalStrong Liberal


Samuel AlitoSamuel Alito Appointed: Appointed:

Bush, 2006Bush, 2006 Age: 58Age: 58 ConservativeConservative

Documents

Ch. 18 – The Judicial Branch “The Final Say” The Role of the Judicial Branch To interpret and define law To interpret and define law This involves hearing