The Judicial Branch

INTERPRETS LAWS

The Federal Court System

• Organization of the Federal Courts– The Lower Federal Courts– Constitutional Courts– Special Courts– Appointing Federal Judges

• Judicial Jurisdiction and Power– Jurisdiction of Federal Courts– Power of Judicial review

Organization of the Federal Courts

• Lower courts set up by Congress

• Federal courts deal with:– Cases involving the Constitution– Federal Laws– Certain, other issues

• States have their own system of courts

Anthony Kennedy

John Paul Stevens

Chief Justice

John Roberts

Antonin Scalia

Clarence Thomas

Samuel Alito

Ruth Bader Ginsberg

Stephen Breyer Sonia

Sotomayor

Your Supreme Court Justices

Chief Justice

John Roberts (2005-Present)

George W. Bush

John Paul Stevens

(1975-Present)

Gerald Ford

Antonin Scalia (1986-Present)

Ronald Reagan

Anthony Kennedy

(1988-Present)

Ronald Reagan

Clarence Thomas (1991-Present)

George H. W. Bush

Ruth Bader Ginsberg

(1993-Present)

Bill Clinton

Stephen Breyer (1994-Present)

Bill Clinton

Sonia Sotomayor

(2009-Present)

Barack Obama

Samuel Alito

(2006-Present)

George W. Bush

Presidential Appointments

Judicial Jurisdiction and Power

• Jurisdiction: authority to hear only certain cases

• Original jurisdiction: first time case

• Appellate jurisdiction: appeals

• Judicial Review: landmark supreme court case declared federal law unconstitutional. Court took for itself the power to review acts of Congress.

Marbury v. Madison (1803):

ruled Judiciary Act of 1789 unconstitutional. Established Judicial Review.

Landmark Supreme Court Case

The Supreme Court at Work

• How the Court Process Works– Getting on the Court’s Calendar– The Decision-Making Process

• Influences on the Supreme Court– The Basic Guides– The Justices– United States Society– The Executive and Legislative Branches

• The Supreme Court and National Policy– Judicial Review and Interpreting the Law– Reversing Past Decisions– Limits on the Supreme Court

How the Court Process Works

• Justices hear cases from October to May

• Oral Arguments: presentations lawyers make before the justices.

• Conferences: make decisions/rulings, pick new cases

• Law Clerks: do legal research (students)

Getting on the Calendar

• Writ of Certiorari: legal request for hearing

• Rule of Four: Need 4 justices to agree to take the case

Why do justices take cases?– Raises an important constitutional or legal

question

The Decision Making Process• Brief: documents with legal

arguments for a side• Precedent: similar case that has

already been decided• Amicus Curiae Brief: friend of the

court• Swing Vote: decides a tie• Opinion: legal reasons for a

decision– Unanimous opinion– Majority opinion– Concurring opinion– Dissenting opinion

Influences on the Supreme Court

• Backgrounds of Justices

• Public Opinion

• Interpretations

• Views/philosophies

Liberal Conservative

Loose Constructionist Strict Constructionist

Moderate

Limits on the Judicial Branch

• Court Packing• Impact Laws• Amendments• Appointments• Senate Judiciary Committee• Senate Confirmation/Refusal• Impeachment• Lack of enforcement power

National Public Policy

• Judicial Review has struck down 150 federal laws and over 1,000 state & local laws

• Reversing: overturn a previous decision

How does this affect public policy?– Congress tends not to pass similar laws– Affects how laws are executed (Miranda)

Brown v. Board of Education 1954 Segregation

Engel v. Vitale 1962 School Prayer

Gideon v. Wainwright 1963 Right to Counsel

Miranda v. Arizona 1966 Rights of the Accused

Oregon v. Mitchell 1970 Voting Age

Roe v. Wade 1973 Right to Privacy

U.S. v. Nixon 1974 Separation of Powers

Rostker v. Goldberg 1981 Women & the Draft

Vernonia School District v. Acton

1995 Drug Testing of Students