Judicial BranchJudicial Branch

Judicial BranchJudicial Branch

The courts serve as an The courts serve as an impartial forum for impartial forum for

resolution of disputes resolution of disputes in both civil and in both civil and criminal cases.criminal cases.

Article IIIArticle III Section I gave Congress the authority to Section I gave Congress the authority to

establish other courts as it saw fit.establish other courts as it saw fit.

Section II specifies the judicial power of the Section II specifies the judicial power of the Supreme Court and discusses the Court’s Supreme Court and discusses the Court’s original and appellate jurisdiction.original and appellate jurisdiction. Also specifies that all federal crimes, Also specifies that all federal crimes,

except those involving impeachment, shall except those involving impeachment, shall be tried by jury in the state in which the be tried by jury in the state in which the crime was committedcrime was committed

Section III defines treason and mandates that Section III defines treason and mandates that at least two witnesses appear in such cases.at least two witnesses appear in such cases.

Article IIIArticle III

Framers gave federal judges Framers gave federal judges tenure for life “with good tenure for life “with good behavior”behavior”Did not want judges to be Did not want judges to be subject to the whims of politics, subject to the whims of politics, the public, or politiciansthe public, or politicians

Hamilton argued in Federalist Hamilton argued in Federalist 78 that the “independence of 78 that the “independence of judges” was needed “to guard judges” was needed “to guard the Constitution and the rights the Constitution and the rights of individuals.”of individuals.”

Article IIIArticle III Some checks on judiciary include:Some checks on judiciary include:

Congress has the authority to alter Congress has the authority to alter the Court’s jurisdiction.the Court’s jurisdiction.

Congress can propose Congress can propose constitutional amendments that, if constitutional amendments that, if ratified, can effectively reverse ratified, can effectively reverse judicial decisions.judicial decisions.

Congress can impeach and remove Congress can impeach and remove federal judges.federal judges.

President (with advise and consent President (with advise and consent of Senate) appoints federal judgesof Senate) appoints federal judges

The Judiciary Act of 1789 and The Judiciary Act of 1789 and the Creation of the Federal the Creation of the Federal

Judicial SystemJudicial System Established the basic three-tiered structure of Established the basic three-tiered structure of

the federal court systemthe federal court system District courts: at least one in each state, District courts: at least one in each state,

each staffed by a federal judgeeach staffed by a federal judge Circuit Court: avenue for appeal Circuit Court: avenue for appeal

Each circuit court initially composed of Each circuit court initially composed of one district court judge and two itinerant one district court judge and two itinerant Supreme Court Justices who met as a Supreme Court Justices who met as a circuit court twice a yearcircuit court twice a year

Supreme Court size set in the Act – chief Supreme Court size set in the Act – chief justice and five associatesjustice and five associates Number of justices set to 9 in 1869Number of justices set to 9 in 1869

Judicial ReviewJudicial Review

Allows the judiciary to review the Allows the judiciary to review the constitutionality of acts of the other constitutionality of acts of the other branches of government and the statesbranches of government and the states

Settled under Marbury v. Madison Settled under Marbury v. Madison (1803) for national government’s acts(1803) for national government’s acts

Settled under Martin v. Hunter’s Lessee Settled under Martin v. Hunter’s Lessee (1816) for state laws(1816) for state laws

The American Legal The American Legal SystemSystem

Trial courtsTrial courts Courts of original jurisdiction Courts of original jurisdiction

where a case beginswhere a case begins

Appellate courtsAppellate courts Courts that generally review Courts that generally review

only findings of law made by only findings of law made by lower courtslower courts

JurisdictionJurisdiction Authority vested in a particular court to Authority vested in a particular court to

hear and decide the issues in any hear and decide the issues in any particular caseparticular case

Original jurisdictionOriginal jurisdiction: The jurisdiction : The jurisdiction of courts that hears a case first, usually of courts that hears a case first, usually in a trial in a trial

Appellate jurisdictionAppellate jurisdiction: The power : The power vested in an appellate court to review vested in an appellate court to review and/or revise the decision of a lower and/or revise the decision of a lower courtcourt

The American Legal The American Legal SystemSystem

Criminal lawCriminal law Codes of Codes of

behavior behavior related to the related to the protection of protection of property and property and individual individual safetysafety

Civil lawCivil law Codes of behavior Codes of behavior

related to related to business and business and contractual contractual relationships relationships between groups between groups and individuals and individuals (typically disputes (typically disputes over money or over money or property)property)

The Federal Court The Federal Court SystemSystem

Constitutional courtsConstitutional courts Federal courts specifically created Federal courts specifically created

by the U.S. Constitution or Congress by the U.S. Constitution or Congress pursuant to its authority in Article IIIpursuant to its authority in Article III

Legislative courtsLegislative courts Courts established by Congress for Courts established by Congress for

specialized purposes, such as the specialized purposes, such as the Court of Military AppealsCourt of Military Appeals

The Federal Court The Federal Court SystemSystem

District CourtsDistrict Courts 94 federal district courts staffed by 94 federal district courts staffed by

646 active judges, assisted by 646 active judges, assisted by more than 300 retired judgesmore than 300 retired judges

No district courts cross state linesNo district courts cross state lines Every state has at least one federal Every state has at least one federal

district courtdistrict court The most populous states have The most populous states have

four. (CA, TX, and NY)four. (CA, TX, and NY)

Original Jurisdiction of Original Jurisdiction of Federal District CourtsFederal District Courts

Involve the federal government as a Involve the federal government as a partyparty

Present a federal question based on a Present a federal question based on a claim under the U.S. Constitution, a claim under the U.S. Constitution, a treaty with another nation, or a federal treaty with another nation, or a federal statutestatute

Involve civil suits in which citizens are Involve civil suits in which citizens are from different states, and the amount from different states, and the amount of money at issue is more than $75,000of money at issue is more than $75,000

District CourtsDistrict Courts

Each federal judicial district has a Each federal judicial district has a U.S. attorney.U.S. attorney. This individual is nominated by the This individual is nominated by the

president and confirmed by the senate.president and confirmed by the senate. The attorney is that district’s chief law The attorney is that district’s chief law

enforcement officer.enforcement officer. They have a considerable amount of They have a considerable amount of

discretion as to whether they pursue discretion as to whether they pursue criminal or civil investigations or file criminal or civil investigations or file charges against individuals or charges against individuals or corporations.corporations.

The Courts of AppealsThe Courts of Appeals The losing party in a case heard and decided in The losing party in a case heard and decided in

a federal district court can appeal the decision a federal district court can appeal the decision to the appropriate court of appeals.to the appropriate court of appeals.

11 numbered circuit courts11 numbered circuit courts

Twelfth, D.C. Court of AppealsTwelfth, D.C. Court of Appeals Handles most appeals involving federal Handles most appeals involving federal

regulatory commissions and agenciesregulatory commissions and agencies

Thirteenth, U.S. Court of Appeals for the Thirteenth, U.S. Court of Appeals for the Federal CircuitFederal Circuit Deals with patents and contract and financial Deals with patents and contract and financial

claims against the federal governmentclaims against the federal government

The Courts of AppealsThe Courts of Appeals Have no original jurisdictionHave no original jurisdiction

Try to correct errors of law and Try to correct errors of law and procedure that have occurred in the procedure that have occurred in the lower courts or administrative lower courts or administrative agenciesagencies

Hear no new testimonyHear no new testimonyBriefs submitted to them containing Briefs submitted to them containing legal written arguments in a caselegal written arguments in a case

The Courts of AppealsThe Courts of Appeals

Decisions of the court of appeals are Decisions of the court of appeals are binding on binding on only the district courtsonly the district courts within within the geographic confines of the circuitthe geographic confines of the circuit

Decisions of the Supreme Court are Decisions of the Supreme Court are binding throughout the nation and binding throughout the nation and establish national precedentsestablish national precedents Reliance on past decisions or precedents Reliance on past decisions or precedents

to formulate decisions in new cases is to formulate decisions in new cases is called “called “stare decisis.stare decisis.””

Coverage of the Court of Coverage of the Court of AppealsAppeals

(as of 2010)(as of 2010) District of Columbia Circuit, John G. District of Columbia Circuit, John G.

Roberts, Jr.Roberts, Jr. First Circuit, Stephen BreyerFirst Circuit, Stephen Breyer Second Circuit, Ruth Bader GinsburgSecond Circuit, Ruth Bader Ginsburg Third Circuit, Samuel A. Alito, Jr.Third Circuit, Samuel A. Alito, Jr. Fourth Circuit, John G. Roberts, Jr.Fourth Circuit, John G. Roberts, Jr. Fifth Circuit, Antonin ScaliaFifth Circuit, Antonin Scalia Sixth Circuit, Elena KaganSixth Circuit, Elena Kagan Seventh Circuit, Elena KaganSeventh Circuit, Elena Kagan Eighth Circuit, Samuel A. Alito, Jr.Eighth Circuit, Samuel A. Alito, Jr. Ninth Circuit, Anthony M. KennedyNinth Circuit, Anthony M. Kennedy Tenth Circuit, Sonia SotomayorTenth Circuit, Sonia Sotomayor Eleventh Circuit, Clarence ThomasEleventh Circuit, Clarence Thomas Federal Circuit, John G. Roberts, Jr.Federal Circuit, John G. Roberts, Jr.

The Supreme CourtThe Supreme Court Reviews cases from the U.S. courts of appeals Reviews cases from the U.S. courts of appeals

and state supreme courts (as well as other and state supreme courts (as well as other courts of last resort)courts of last resort)

Acts as the final interpreter of the ConstitutionActs as the final interpreter of the Constitution Ensures uniformity in the interpretation of Ensures uniformity in the interpretation of

national laws and the Constitutionnational laws and the Constitution Resolves conflicts among the statesResolves conflicts among the states Maintains the supremacy of national law in the Maintains the supremacy of national law in the

federal systemfederal system 8 justices and one chief justice8 justices and one chief justice Relatively few support staffRelatively few support staff

Clerks plus 400 staff membersClerks plus 400 staff members

How Federal Court How Federal Court Judges Are SelectedJudges Are Selected

Often a very political processOften a very political process Judges nominated by president and Judges nominated by president and

confirmed by Senateconfirmed by Senate Can reflect the ideological stamp of the Can reflect the ideological stamp of the

presidentpresident Senatorial CourtesySenatorial Courtesy

A process by which presidents, when selecting A process by which presidents, when selecting district court judges, defer to the senator in district court judges, defer to the senator in whose state the vacancy occurswhose state the vacancy occurs

Who Are Federal Judges?Who Are Federal Judges?

Typically they have held other Typically they have held other political offices.political offices. State court judge or prosecutorState court judge or prosecutor Most have been involved in politicsMost have been involved in politics White males tend to dominateWhite males tend to dominate

Appointments to the U.S. Appointments to the U.S. Supreme CourtSupreme Court

Nomination CriteriaNomination Criteria CompetenceCompetence Ideology or Policy PreferenceIdeology or Policy Preference

Strict constructionist: an approach to Strict constructionist: an approach to constitutional interpretation that constitutional interpretation that emphasizes the Framer’s original intentionsemphasizes the Framer’s original intentions

RewardsRewards Pursuit of Political SupportPursuit of Political Support ReligionReligion Race, Ethnicity, and GenderRace, Ethnicity, and Gender

The Roberts CourtThe Roberts Court

ConservativesConservatives Roberts, Kennedy, Thomas, Scalia, AlitoRoberts, Kennedy, Thomas, Scalia, Alito

Liberals – Breyer, Ginsburg, Liberals – Breyer, Ginsburg, Sotomayor, KaganSotomayor, Kagan

Current Supreme CourtCurrent Supreme Court

The Supreme Court Today: The Supreme Court Today: Deciding to Hear a CaseDeciding to Hear a Case

8,159 cases were filed at the Supreme 8,159 cases were filed at the Supreme Court in its 2009 term.Court in its 2009 term. 82 argued, 73 signed opinions issued82 argued, 73 signed opinions issued

In the 1940s, fewer than 1000 cases In the 1940s, fewer than 1000 cases were filed annuallywere filed annually

Today many of the cases involve Bill of Today many of the cases involve Bill of Rights issuesRights issues

Cases with Supreme Court Cases with Supreme Court JurisdictionJurisdiction

All cases arising under the Constitution and laws All cases arising under the Constitution and laws or treaties of the United Statesor treaties of the United States

All cases of maritime or admiralty jurisdictionAll cases of maritime or admiralty jurisdiction Cases in which the US is a partyCases in which the US is a party Controversies between a state and citizens of Controversies between a state and citizens of

another state (later modified by the 11another state (later modified by the 11thth Amend) Amend) Controversies between two or more statesControversies between two or more states Controversies between citizens of different statesControversies between citizens of different states Controversies between citizens of the same states Controversies between citizens of the same states

claiming lands under grants in different statesclaiming lands under grants in different states Controversies between a state, or citizens of a Controversies between a state, or citizens of a

state, and foreign states or citizensstate, and foreign states or citizens All cases affecting ambassadors or other public All cases affecting ambassadors or other public

ministersministers

Supreme Court TodaySupreme Court Today Court has two types of jurisdiction: Original & AppellateCourt has two types of jurisdiction: Original & Appellate Writ of certiorariWrit of certiorari

A request for the court to order up the records from A request for the court to order up the records from a lower court to review the casea lower court to review the case

Use the Rule of FourUse the Rule of Four Court controls its caseload through the Court controls its caseload through the certioraricertiorari

process.process. All petitions for All petitions for certioraricertiorari must meet two criteria: must meet two criteria:

The case must come either from a U.S. court of The case must come either from a U.S. court of appeals, a special three-judge district court, or a appeals, a special three-judge district court, or a state court of last resort.state court of last resort.

Case must involve a federal question. This Case must involve a federal question. This means that the case must present questions of means that the case must present questions of interpretation of federal constitutional law or interpretation of federal constitutional law or involve a federal statute, action or treaty.involve a federal statute, action or treaty.

How Does a Case Survive the How Does a Case Survive the Process?Process?

Characteristics of the cases the Court accepts:Characteristics of the cases the Court accepts: The The federal governmentfederal government is the party asking is the party asking

for review through the for review through the Solicitor GeneralSolicitor General The case involves The case involves conflict among circuit conflict among circuit

courts.courts. The case presents a civil rights or civil The case presents a civil rights or civil

liberties question.liberties question. The case involves ideological and/or policy The case involves ideological and/or policy

preferences of the justices.preferences of the justices. The case has significant social or political The case has significant social or political

interest, as evidenced by the presence of interest, as evidenced by the presence of interest groupinterest group amicus curiaeamicus curiae briefs. briefs.

Hearing and Deciding a Hearing and Deciding a CaseCase

Oral Arguments Oral Arguments 7 sittings, 2 weeks long7 sittings, 2 weeks long

Supreme Court Conference Supreme Court Conference Each FridayEach Friday

Vote and write Majority Vote and write Majority OpinionOpinion

Written Decisions of the Written Decisions of the CourtCourt

Opinion of the CourtOpinion of the Court

Majority opinion – often written by senior Majority opinion – often written by senior

membermember

Concurring OpinionConcurring Opinion

Agreed with Opinion of Court but not the Agreed with Opinion of Court but not the

reason behind the decisionreason behind the decision

Dissenting OpinionDissenting Opinion

Disagreed with Opinion of CourtDisagreed with Opinion of Court

Judicial PhilosophyJudicial Philosophy

Judicial restraint:Judicial restraint: A philosophy of judicial decision making that A philosophy of judicial decision making that

argues courts should allow the decisions of other argues courts should allow the decisions of other branches of government to stand, even when they branches of government to stand, even when they offend a judge’s own sense of principlesoffend a judge’s own sense of principles

Judicial activism:Judicial activism: A philosophy of judicial decision making that A philosophy of judicial decision making that

argues judges should use their power broadly to argues judges should use their power broadly to further justice, especially in the areas of equality further justice, especially in the areas of equality and personal liberty (even if it affects policy)and personal liberty (even if it affects policy)