THE JUDICIAL BRANCHAP US GOVERNMENT & POLITICS

Introduction:

Constitution provides for a Supreme Court of the United States

Chief Justice John Marshall (serving 1801-1835) greatly increased the power of the courts in balancing power between the other two branches of government

TODAY: judicial branch equal to legislative and executive branches

JURISDICTION OF THE COURTSFEDERAL COURT JURISDICTION

All states have own system of courts

Federal court system consists of Supreme court and lower federal courts established by Congress

“Jurisdiction” = the authority to hear cases

States = state laws / Federal = federal laws

JURISDICTION (con’t)

CONCURRENT JURISDICTION: situations where both federal and state courts have jurisdiction

ORIGINAL JURISDICTION: the court in which a case is originally tried

APPELLATE JURISDICTION: courts of appeal, where a person may appeal the decision of another court

JUDICIAL INDEPENDENCE

The Judiciary must be protected from punitive or coercive actions by the legislative and executive branches (necessary to make fair, impartial decision) – see The Federalist, 78.

Constitution protects two ways, Article 3:1. Federal judges hold position “during good

behavior”2. Legislative & Executive branches may not

combine to punish judges by decreasing payment for their services

JUDICIAL REVIEW

See Federalist, 78

Definition: power of an independent judiciary to determine whether acts

of the other components of government are in accordance with

the Constitution

JUDICIAL REVIEW:ConstitutionArticle 3: federal judiciary has power to

make judgments in all cases pertaining to the Constitution, statutes, treaties of the U.S.

Article 6: implies judicial power of federal courts must be used to protect and defend the supreme authority of the Constitution against acts of government which violate or contradict it – judicial officers must support

Judicial Review (con’t)

Limits placed on legislative and executive branches can only be preserved through courts of justice

Judges: necessar to determine the meaning of the Constitution (fundamental law), as well as any “particular act” proceeding from the Legislature

Judicial Review (con’t)

Ideas from the Federalist used by John Marshall in 1803 Marbury v. Madison: declared one part of federal law unconstitutional, thus setting the precedent for the court’s use of judicial review

DEVELOPING SUPREME COURT POWEREARLY PRECEDENTSCourts don’t initiate action, but wait for

litigants to come to courtlitigants: people engaged in a lawsuit who bring a case to court

Federal courts will only determine cases, not simply answer legal questions

LANDMARK CASES

MARBURY vs. MADISON1803 – established the principle of JUDICIAL REVIEW

How does Judicial Review assist in separation of powers?

LANDMARK CASESFLETCHER vs. PECK (1810): Supreme Court

extended power to review state lawsMCCULLOCH vs. MARYLAND (1819):

national interest takes precedence over state interest

GIBBONS vs. OGDEN (1824): gave Congress power to regulate interstate commerce

DRED SCOTT vs. SANDFORD (1857): stated a slave was property

KEY CONCEPTS

JUSTICE: achieved where everyone receives what is due him or her

PROCEDURAL JUSTICE: government administers fair and impartial procedures equally to everyone under its authority to settle disputes or prosecute person charged with crimes

KEY CONCEPTS (con’t)

DUE PROCESS: conflicts settled in an orderly and fair manner in a court of law, according to the rule of law (not by the arbitrary actions of people in power)

BETWEEN ……….. IndividualsIndividuals &

Gov’t

KEY CONCEPTS (con’t)

DISTRIBUTIVE JUSTICE: when equals in society distribute benefits to people under authority – when people receive the same (equivalent) allocation of benefits

Examples: Social Security / medical care for the elderly / public schools

DUE PROCESS

A clause stating that no state may deprive a person of life, liberty, or property without the due process of law

Supreme Court did not strongly apply these immediately after the Civil War

LANDMARK CASES

SLAUGHTERHOUSE CASES (1873): a narrow interpretation of the 14th Amendment – court ruled for the state of Louisiana in regulating businesses

PLESSY vs. FERGUSON (1896): established the “separate but equal” doctrine (not overturned until the Brown vs. Board of Education ruling in 1954)

THE COURT AND BUSINESS

The court had refused to broaden federal powers to enforce the rights of individuals, often siding with business interests(though this has gone back-and-forth in history)

LANDMARK CASES

BROWN vs. BOARD OF EDUCATION OF TOPEKA (1954): Supreme Court outlawed segregation in public schools

In other cases, the Court issued rulings extending equal protection in voting rights, applied due process requirements and Bill of Rights protections to persons accused of crimes

LOWER FEDERAL COURTS

The CONSTITUTION created the Federal Court System, including THE SUPREME COURT(Article III)

Congress established various levels of courts – Judiciary Acts of 1789

CONSTITUTIONAL COURTS

Federal District Courts: trial courts (today, 94 districts)

Grand Jury: usually 16-23 peopleIndictment: formal accusation of a crimePetit Jury: 6-12 people ; trial jury

CONSTITUTIONAL COURTS(con’t)Officers of the Court: there are many

appointed officials (judges, attorneys, magistrates, marshals, deputy clerks, bailiffs, stenographers

Federal Court of Appeals: 13 US courts of appealsJudicial circuits: regions, with 1 appellate court in each; panel of three judges for each appeal

CONSTITUTIONAL COURTS(con’t)The Court of International Trade:

formerly, US Customs Court – jurisdiction involving tariffs-based in NYC, but is a national court-judges hear cases in other major port cities around the US

LEGISLATIVE COURTSThese courts help Congress exercise its

powersU.S .COURT OF FEDERAL CLAIMSU. S. TAX COURTU.S. COURT OF APPEALS FOR THE ARMED

FORCESTERRITORIAL COURTSCOURTS OF THE DISTRICT OF COLUMBIACOURT OF VETERANS’ APPEALSFOREIGN INTELLIGENCE SURVEILLANCE

COURT

SELECTION OF FEDERAL JUDGESThe President, with the consent of the

Senate, appoints all federal judges for life

Factors:-party affiliation-judicial philosophy-Senatorial courtesy

THE SUPREME COURT

This court stands at the top of the American legal system

It is the court of last resort in all questions of federal law

It carefully chooses the cases it will hear

Today, all cases are heard in the Supreme Court building in Washington, DC

SUPREME COURT JURISDICTIONThe Supreme Court has both original

and appellate jurisdictionOriginal: cases involving

representatives of foreign governments; cases in which a state is a party

Appellate: cases appealed from lower courts of appeals; cases where an act of Congress was held unconstitutional

SUPREME COURT JUSTICES

There are NINE justices on the Supreme Court:one CHIEF JUSTICE and eight ASSOCIATE JUSTICES

Roberts Court Chief Justice: John Roberts, Jr. (2005-)

2010–present: Antonin Scalia ; Anthony Kennedy; Clarence Thomas;

Ruth Bader Ginsburg; Stephen Breyer; Samuel Alito; Sonia Sotomayor; Elena

Kagan

DUTIES OF THE JUSTICES

Duties have developed through law, tradition, needs

Main duty: hear and rule on casesLaw Clerks: usually work for a justice

1-2 yrs.Three decisions:

-which cases to hear-decision on the case-determining an explanation for the decision

APPOINTING JUSTICES

The President appoints

The Senate must approve

The ABA (American Bar Association) committee on the Federal judiciary is consulted and rates a candidate

Interest Groups: also play a part