Unit 3: The Judicial Branch State, District and the Supreme Court

Unit 3: The Judicial Branch

State, District and the Supreme

Court

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John Marshall

• Served as Chief Justice from 1801-1835

• Greatly expanded the power of the court

• Introduced the idea of judicial review


Court Systems

• Two Court Systems:

1. State Courts

2. Federal Courts

a. lower federal courts

b. Supreme Court

Federal

State


Jurisdiction

• This is the right of a particular court to hear a case

• Federal Courts- jurisdiction over U.S. laws, treaties with foreign nations and interpretations of the Constitution



Federal, not State Cases

1. Ambassadors and other representatives of foreign governments

2. Two or more state governments

3. The U.S. govt. or one of its offices or agencies

4. Citizens of different states

5. A state or its citizens and a foreign country or its citizens


Concurrent Jurisdiction

In some cases, both state and federal courts have jurisdiction.

But if one party insists, case must be tried in federal courts


Types of Jurisdiction

• Original – where the case is first heard in a court

• Appellate – where you go if you did not agree with decision in original decision

• Supreme Court – last stop



The Supreme Court


The Basic Rules

• The Supreme Court, nor any federal court, can initiate action

• This makes the U.S. very different than other countries where courts often regulate other areas of governments by introducing cases

• Federal courts do NOT offer legal advice; they only rule on cases


Marbury v. Madison• 1801- bill passes that allowed president to

appoint 42 justices of the peace in the District of Columbia (President Adams, a Federalist, was on his way out of office. TJ, a Demo-Rep was coming in)

• Senate confirmed these appointments, all but 4 were delivered before Adams left office

• Jefferson stopped the remaining 4 deliveries• William Marbury, one of the 4, sued for his

appointment


The Court Says…• Heard case in Feb 1803• Marshall: Marbury was violated, BUT he ruled

that Congress gave the court too much power under the Judiciary Act of 1789 so that they could not enforce their ruling

• This case established Judicial Review (power of the court to examine laws and actions and determine if they are constitutional)


Civil War• After the Civil War, the

Supreme Court was forced to deal with newly freed African Americans

• Reconstruction Amendments: 13th, 14th, 15th

• 13= no more slavery• 14= equal protection under the

law• 15 = voting cannot be denied

based on race


Plessy v. Ferguson (1896)• This established the premise of ‘separate

but equal’• Plessy, a very light colored man

demanded to sit in first class with the white people; told to move to the ‘negro’ section

• Sued• Court said segregation is okay• Overturned in Brown v. Board

Brown V. Board


Federal District Courts

• 94 total and each state has at least one

• Texas has four district courts

• There are 550 judges who preside over the district courts


Juries

• Grand Jury- included 16 to 23 people to hear charges against a person to determine if there is enough evidence to bring the person to trial

• Jury in a criminal case – guilty or not guilty

• Jury in a civil case – find either for the plaintiff or the defendant


Circuit Courts

• 12 judicial circuits with one appellate court in each circuit

• Can make three decisions:1. Reverse the decision2. Uphold the decision3. Send case back to the lower court to be tried again


Selection of Federal Judges• President appoints all federal judges• No qualifications for judges set forth in the

Constitution• Serve for life. Why?

– Gives them the freedom to be able to make unpopular decisions

• Favor judges who belong to their political party• Congress has the power to increase number of

judges – most likely when Congress and President same political party


Who are Judges?• Listed below are the current Justices of the

U.S. Supreme Court. Click on the Justice's name for a short biography.

John G. Roberts - Chief Justice of the United StatesAppointed by: President George W. BushAppointed in: 2005Age When Appointed: 50

Samuel A. Alito, Jr.Appointed by: President George W. BushAppointed in: 2006Age When Appointed: 55

Antonin ScaliaAppointed by: President ReaganAppointed in: 1986Age When Appointed: 50

Anthony KennedyAppointed by: President ReaganAppointed in: 1988Age When Appointed: 52

Clarence ThomasAppointed by: President George H. W. BushAppointed in: 1991Age When Appointed: 43

Ruth Bader GinsburgAppointed by: President ClintonAppointed in: 1993Age When Appointed: 60

Stephen BreyerAppointed by: President ClintonAppointed in: 1994Age When Appointed: 56

Sonia SotomayorAppointed by: President ObamaAppointed in: 2009Age When Appointed: 55

Elena KaganAppointed by: President ObamaAppointed in: 2010Age When Appointed: 50

Current (2009) salary for the Chief Justice is $217,400 per year,

while the Associate Justices each make $208,100.


On the Dockett

http://otd.oyez.org/

Documents

Unit 3: The Judicial Branch State, District and the Supreme Court