Judicial BranchUS Government

What is the Judicial Branchhttps://www.youtube.com/watch?v=xz4-aEGvqQM

https://www.youtube.com/watch?v=suxnyle8PDs

according to Article III of the constitution, the judicial branch is the weakest branch of government.

Article III of the Constitution the judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the

Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall

hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation,

which shall not be diminished during their continuance in office.

SECTION 2.

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the

United States, and treaties made, or which shall be made, under their authority;--to all cases affecting

ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to

controversies to which the United States shall be a party;--to controversies between two or more states;--

between a state and citizens of another state;--between citizens of different states;--between citizens of the same

state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign

states, citizens or subjects.

Jurisdiction of Federal Courts

● The jurisdiction of the US has two different systems of courts.o Federal Courts- powers derive from the Constitution and federal lawso Courts of each of the 50 states- powers derive from state constitutions

and laws● Every court has the authority to hear only certain kinds of cases

(jurisdiction of the courts)● 2 factors determine the jurisdiction of the courts

o the subject matter of the case o parties involved in it

● Federal courts try cases that involve US laws, treaties with foreign nations, or interpretations of the Constitution, or bankruptcy

● Cases involving admiralty or maritime law- the law of the sea, including ships, their crews, and disputes over actions and rights at sea are in resolved by federal courts

Federal Courts Then & Now● when the federal government moved to Washington, D.C. in 1800, the

capital architects forgot to design a building for the Supreme Court. ● two weeks before the start of its term, the Court was designed a small

chamber on the main floor of the Capitol.● in the beginning, justices of the SC were assigned to “ride circuit”, meaning

that when the SC was not in session, they had to hear appeals in faraway district courts (John Jay, the first chief justice, declined President Adams’s nomination to serve again because of the strain of such duty

● Congress created the modern federal court system in 1891, but the SC did not have its own building until 1935

● the SC today heads a powerful branch of government ● the First case was Marbury vs Madison in 1803, (In the case Chief Justice

John Marshall announced that the Judiciary Act of 1789 gave the court more power than the Constitution allowed

● Judicial review- the power to declare laws unconstitutional

● when the SC rules on constitutional issues, the supreme court cannot be overturned except by a constitutional amendment

● however, Congress can effectively overturn a SC decision interpreting a federal statute by enacting a new law

Shared Power & Conflict● When the Constitution created three separate branches of government, it

made it to where the branches would cooperate, such as in passing legislation, conducting war, and spending money.

● many of the working relationships among the three branches are not specifically mentioned in the constitution.

● these relationships developed over time during the normal ebb and flow of government operation and policy creation

The President as Legislator● the executive and legislative branches must work together closely in order

for legislation to become effective policy ● without cooperation among the branches the government could do little to

address the nation’s problems or serve its needs● the executive branch provides plans for much of the legislation that

Congress considers ● the president poses much of the legislative agenda and spells out the

details of programs that are enacted into law

President vs Congress● the expansion of presidential power has changed the structure of the

national government without formal changes in the constitution.● Another source of conflict comes from the responsibility of Congress to

monitor the way the executive branch enforces the laws ● the two branches may quarrel over the way the president interprets the will

of congress in bills it has passed● another conflict is the development of political parties

For many people, the criminal justice system may seem intimidating. Most people have never even seen the inside of a jail. Their only experience with police officers may have been a quick stop on the highway for a speeding ticket. For people who have never been charged with a crime, facing criminal charges can be disturbing. However, our system of justice aims to prevent people from being unfairly convicted. It guarantees many legal rights to anyone charged with a crime. This unit is designed to discuss those rights and give students a basic understanding of the steps in the criminal justice system.

Federal District Courts● congress created district courts in 1789 to serve as trial courts● these districts follow state boundary lines● as population grew and cases multiplied, Congress divided some states

into more than one district● there are 94 districts today ● there are more than 550 judges who preside over the district courts● district courts are the trial courts for both criminal and civil federal cases

Cont’d

District Courts use 2 types of juries in criminal cases1) Grand jury- which usually includes 16 to 23 people, hears charges against a person suspected of having committed a crime

o if the grand jury believes there is sufficient evidence to bring a person to trial, it issues an indictment (a formal accusation charging a person with a crime)

o if the grand jury believes there is NOT sufficient evidence the charges are dropped

2) petit jury- which usually consist of 6 or 12 people. It is a trial jury. Its function is to weigh the evidence presented at a trial in a criminal or civil case.

In a criminal case, a petit jury renders a verdict of guilty or not guilty

In a civil case, the jury finds for either the plaintiff (the person bringing the suit) or the defendant (the person whom the suit is brought)

If the parties in a civil case do not want a trial jury a panel of three judges weighs the evidence

Officers of the Court● each district court appoints an United States magistrate who issues arrest

warrants and helps decide whether the arrested person should be held for grand jury hearing

● a bankruptcy judge handles bankruptcy cases for each district ● a United States marshal carries out such duties as making arrest, securing

jurors, and keeping order in the courtroom.● a clerk keeps records of court proceedings

Federal Court of Appeals● good court records must be kept because a person or group that loses a

case in district court may appeal to a federal court of appeals or, in some cases, directly to the Supreme Court

● the appellate level includes 13 US courts of appeals● the US is divided into 12 judicial circuits (regions containing an appellate

court)● the 13th court is a special appeals court with national jurisdiction

Cont’d The Court of Appeals may decide an appeal in one of three ways1) uphold the original decision2) reverse the decision3) send the case back to the lower court to be tried again

In 1982 Congress set up a special court of appeals, United States Circuit Court of Appeals for the Federal Court- this court hears cases from a federal claims court, the Court of International trade, the United States Patent Office, and other executive agencies

The Court of International Trade- formally known as the United States Customs Court, this court has jurisdiction over cases dealing with tariffs (citizens who believe that tariffs are too high bring most of the cases heard in this court.

Selection of Federal Judges● the president appoints a federal judge● a life term grants judges freedom from public or political pressures when

deciding cases

party affiliation ● presidents favor judges who belong to their political party ● another factor that emphasizes the political nature of court appointments is

the power of Congress to increase its number of judgeships● studies have shown that when one party controls both the presidency and

Congress, it is more likely to increase the number of judicial post

Example: when Kennedy was elected in 1960, the democratic Congress immediately passed a new bill creating 71 new positions for the president to fill

judicial philosophy● because judges are appointed for life, presidents view judicial

appointments as a means of perpetuating their political ideologies even after they have left the White House

● this makes appointing a judge a political issue instead of just a matter of assessing a judicial candidate’s qualifications

Example: in 2001 the NAACP vowed to fight President George W Bush’s attempts to appoint conservative judges to the courts, fearing that conservative judges would not generally support the civil rights issue the NAACP considers important

Senatorial Courtesy● senatorial courtesy is a system in which the president submits the name of

a candidate for judicial appointment to the senators from the candidate’s state before formally submitting it for full senate approval

● if either or both senators oppose the nominee then the president will withdraw name and nominate another candidate

Background of Federal Judges● almost all federal judges have had legal training and have held a variety of

positions in law or government including service as law school professors, members of Congress, leading attorneys, and federal district attorneys

● until very recently few women, African Americans, or Hispanics were appointed as judges in the lower federal courts

Johnson appointed Thurgood Marshall Reagan appointed Sandra Day O’Connor