The Judicial Branch

Powers of the Federal Courts! Initially Courts played a minor role! Chief Justice John Marshal

1801-1835, increased the courts powers

Jurisdiction- Authority to hear casesConcurrent jurisdictionOriginal jurisdictionAppellate jurisdiction

Developing Supreme Court Power! Marbury v. Madison- judicial review McCulloch v. Maryland- implied powers Gibbons v. Ogden- commerce powers

Dred Scott v. Sandford- Shift to State power

Lower Federal Courts!

94 District CourtsGrand Jury, 16-23 people, rule to go ahead

with charges or not.Petit Jury, 6-12, hear the case and make a

ruling.80% of all federal cases heard hereFew appealed

Lower Federal Courts!

12 judicial circuits, Appellate Courts 1 National Court of Appeals

Legislative courtsU.S. court of Federal ClaimsU.S. Tax courtTerritorial CourtsCourt of Veterans’ Appeals

Selection of federal Judges! Appointed for life Nominated by the President, Senate

confirms. Party affiliation important Senatorial courtesy, Senator from the

state being appointed objects to a district judge, no confirmation

The Supreme Court! Has both Original and Appellate

jurisdiction 9 Justices today, no amount set in the

Constitution. Duties have developed over time. One assigned to each circuit to hear

appeals

The Supreme court at work! 9 month session, October-June. Two weeks of hearing cases Render an opinion, written statements

on the decision 2000, 8,900 cases appealed, 83 cases

heard

How cases Reach the Court! Writ of Certiorari- Order from the court to

send up paperwork from lower court. No reason given for rejecting cases. Lower decision stands

Stare Decisis

Solicitor General- Represents the Federal government

Decides to appeal or not.

How cases Reach the Court! Selecting Cases

Clerks read petitions and summarize.If chosen by a Justice goes to the discuss

list2/3rds do not make itFriday Conference of Justices to chooseRule of Four- Four agree to hear a case it is

heard by the court.

Deciding Major Cases!

Briefs submitted- legal arguments Amicus curiae briefs- Outside

information about the case. Oral Arguments

30 minutes for each sideJustices interrupt, question etc.Strict time limitFormally informal

Deciding Major Cases!

The ConferenceWednesdays and FridaysOnly the nine, no minutes kept

Writing the OpinionUnanimous opinionMajority OpinionConcurring OpinionDissenting Opinion

Shaping Public Policy! 1. Using Judicial Review

Miranda v. Arizona- police acted unconstitutionally

2. Interpreting the meaning of lawsPGA Tour, Inc. v. Martin

3. Overruling or reversing its previous decisionsPlessy v. Ferguson, Brown v. Board of Education

Shaping Public Policy!

Limited control over Agenda- Only decides cases that come from elsewhere.

Lack of Enforcement- Executive Branch must support the decision