The Judicial Branch

Chapters 11 & 12

GPS: SSGC 16 Students will demonstrate knowledge of the

operation of the federal judiciary.– Explain the jurisdiction of the federal courts and state

courts.– Explain how John Marshall established the Supreme

Court as an independent coequal branch of government through his opinion in Marbury v. Madison ( Judicial Review).

– Describe how the Supreme Court decides cases.– Compare the philosophies of judicial activism and

judicial restraint.

Jurisdiction of the Courts

The United States has a dual court system of state and federal courts.

The authority to hear certain cases is called the court’s jurisdiction.

States courts have jurisdiction over cases involving state laws.

Federal courts have jurisdiction over cases involving United States laws, foreign treaties, and interpretation of the Constitution.

Jurisdiction of the Courts

Federal courts also have jurisdiction if certain parties or persons are involved:– Ambassadors and representatives of foreign

governments– Two or more state governments– The United States government or one of its

offices or agencies– Citizens who are residents of different states– Citizens who are residents of the same state but

claim lands under grants of different states.

Jurisdiction of the Courts

In some cases federal and state courts have concurrent jurisdiction, shared.

In the federal court system, the district court in which a case is originally tried is a trial court. It has original jurisdiction.

Federal courts of appeals have only appellate jurisdiction, or authority to hear cases appealed from district courts.

Jurisdiction of the Courts

Developing Supreme Court Power The Supreme Court has become the most powerful

court in the world; its power developed from custom, usage, and history.

No federal court, including the Supreme Court, may initiate action. The courts must wait for litigants, people engaged in law suits, to come to them.

Judicial Review

The Supreme Court gained much power as a result of the case of Marbury v. Madison.

This case established the precedent of Judicial Review, the right of the Supreme Court to declare an act of Congress unconstitutional.

Constitutional Courts

Courts established by Congress under the provisions of Article III are Constitutional Courts.

These include the federal district courts, the federal courts of appeals, and the United States Court of International Trade.

The federal district courts were created by Congress as trial courts for both civil and criminal cases.

Constitutional Courts District Courts use two types of juries in criminal

cases. A Grand Jury hears charges against a person. If

they believe there is sufficient evidence, they issue and indictment, a formal accusation charging a person with a crime.

A Petit Jury, or trial jury, weighs the evidence presented at a trial.

District courts carry the main burden in federal cases and in most cases render the final decision.

Constitutional Courts

The 13 courts of appeals ease the appellate workload of the Supreme Court.

There are 12 judicial circuits, or regions, with one appellate court in each circuit. The 13th court is a special appeals court with national jurisdiction.

The courts of appeals may decide to uphold the original decision, reverse the decision, or send the case back to the original court to be tried again.

Constitutional Courts

Selection of Federal Judges

According to the Constitution, the president has the power to appoint all federal judges, with the approval of the Senate.

Presidents often appoint judges who share their own points of view on key issues.

Thurgood Marshall was the 1st Black Justice on the Supreme Court. Sandra Day O’Connor was the 1st woman Justice on the Supreme Court.

Marshall & O’Connor

The Supreme Court

The Supreme Court

The Supreme Court

Only one person has held the two highest offices in the land, serving as president of the United States and later as chief justice of the Supreme Court. William Howard Taft served as twenty-seventh president of the United States from 1908 to 1913; President Warren G. Harding later appointed Taft chief justice of the Supreme Court, a position he held from 1921 until his death in 1930.

William Howard Taft

The Supreme Court

The Court has original jurisdiction over two types of cases: those involving representatives of foreign governments, and those in which a state is a party.

Supreme Court Justices Congress sets the number of Supreme Court

justices. It has been nine since 1869 The Court consists of eight associate justices and

one chief justice. Congress sets the salary of the justices and may

not reduce it. Congress may remove justices by impeachment

for treason, bribery, or other high crimes and misdemeanors.

The justices’ duties are not defined in the Constitution but have evolved from laws and through tradition, according to the needs of the nation.

Supreme Court Justices

The justices’ main duty is to hear and rule on cases.

The justices also have limited duties related to the 12 federal judicial circuits; on occasion they may serve on high-level commissions

Supreme Court Justices

Most justices have been federal or state judges or have held other legal positions such as attorney general; most have considerable legal experience, are in their 50s or 60s, and come from upper socioeconomic levels.

The Justices

Chief Justice

John Roberts Jr.Appointed September 29, 2005

1st Chief Justice

John Jay

Supreme Court Decision Making

Ch 12

How Cases Reach the Supreme Court The majority of cases concern appeals. Most appeals concern cases in which a lower state

or federal court has ruled laws unconstitutional. Cases the Court chooses not to hear are dismissed, and the ruling of the lower court becomes final.

Most cases reach the Court by writ of certiorari, in which either side petitions that a lower court’s decision involved an error raising a serious constitutional issue.

How Cases Reach the Court

The chief justice puts certiorari cases on a list for discussion; two thirds never make the list. If four of the nine justices agree, a case is accepted.

Some cases are decided by a brief, unsigned statement of the Court’s decision called a per curium opinion; the rest are given the Court’s full consideration.

Steps in Deciding Major Cases Each side submits a brief, a written

statement detailing legal arguments, facts, and precedents.

Parties not directly involved but with an interest in the case may submit amicus curiae, “friend of the court” briefs.

Lawyers for each side make arguments during which justices ask questions.

Steps in Deciding Major Cases The justices debate each case. Each justice

has one vote; a majority vote is needed to decide a case.

The justices may issue four kinds of opinions: a unanimous opinion, a majority opinion, a concurring opinion, or a dissenting opinion.

Justices’ written decisions, opinions interpret the law and help shape public policy.

Steps in Deciding Major Cases

Unanimous Opinion – All agree. Majority Opinion – Most agree. Concurring Opinion – Agree with the

majority but for a different legal reason Dissenting Opinion – Disagrees with the

majority.

Did You Know?

The Constitution sets no basic requirements for Supreme Court justices, not even age limits or citizenship. Neither a law degree nor prior experience as a judge is mandatory.

Shaping Public Policy The Court determines policy in three ways:

1. using judicial review;

2. interpreting laws;

3. overruling or reversing its previous decisions

Judicial Review is the authority of the Supreme Court to declare a law unconstitutional.

Shaping Public Policy The Court’s rulings become precedents, or

models, on which to base other, similar decisions.

Since times change, the Court may overturn or reverse its earlier decisions.

Some decisions create social change.

Judicial Review

John Marshall was the Chief Justice of the Supreme Court who wrote the majority opinion in the Marbury v. Madison decision.

Judicial Review

There are two areas of thought on how the court should use its power to influence society.

Judicial Restraint – the court should avoid taking the initiative on social and political questions.

Judicial Activism – the court should play a role in shaping national policies.

Limits on the Supreme Court

Generally, the Court’s decisions have dealt largely with civil liberties, economic issues, federal laws and regulations, due process, and suits against government officials.

Civil liberties cases make up the largest number of Court cases; appeals from prisoners comprise about one-fourth of its cases.

Limits on the Supreme Court The Court hears only cases where its

decision will make a difference. Plaintiffs must have suffered real harm, or cases must involve a federal question. The Court avoids political issues.

The Court may never initiate an action.

Limits on the Supreme Court

The Court’s power to shape public policy also is limited by its own limited ability to enforce its decisions. Noncompliance by other courts also is difficult to monitor. – Ex: The Court could not enforce its decision

that the Indian Removal Act was unconstitutional.

Basing Decisions on the Law

Justices must base their opinions on the law, not on personal opinions.

The Court must relate their interpretations to the Constitution itself, relevant statutes, and legal precedents.

This means that they have to back up their decision with the law.

Balancing the Court’s Power, Checks and Balances The power of presidents to fill vacancies on the

Court, as every full-term president but Carter has done, gives presidents influence over the Court.

The president is responsible for enforcing the Court’s decisions, but he or she may do so vigorously or with little enthusiasm.

Congress has the power to limit the Court’s ability to hear certain cases; may propose a constitutional amendment to overturn a decision; may set, but not reduce, the justices’ salaries; and uses its confirmation power to shape the Court’s position on social issues.

Major Supreme Court Decisions Marbury v. Madison – established Judicial

Review. Miranda v. Arizona – established that police must

inform a person of his or her rights upon arrest. Plessey v. Ferguson – established that separate but

equal was constitutional. Brown v. BOE of Topeka – over turned Plessey v.

Ferguson. Gideon v. Wainwright – poor defendants in

criminal cases have the right to a state paid attorney.

Roe v. Wade – no states can pass laws restricting a woman’s right to an abortion.