1. Article III: The Judicial Branch

2. Art. III Sect. 1What is the basic function of the judicial branch? 3. Art. III Sect. 1What is the basic function of the judicial branch?- To interpret the law; however, this function is not explicitly listed in the ConstitutionWhat court is specifically mentioned in the Constitution? 4. Art. III Sect. 1What is the basic function of the judicial branch?- To interpret the law; however, this function is not explicitly listed in the ConstitutionWhat court is specifically established in the Constitution?- the Supreme CourtHave inferior courts been established by Congress? 5. Art. III Sect. 1What is the basic function of the judicial branch?- To interpret the law; however, this function is not explicitly listed in the ConstitutionWhat court is specifically mentioned in the Constitution?- the Supreme CourtHave inferior courts been established by Congress?- Yes: Circuit Courts of Appeal and Federal District Courts, tax courts, claims courts, and military courts 6. Federal Court SystemDistrict Courts: created by the Judiciary Act of 1789- originally only 13 district courts; 94 todayOriginal jurisdiction = ? 7. Federal Court SystemDistrict Courts: created by the Judiciary Act of 1789- originally only 13 district courts; 94 todayOriginal jurisdiction = power of a court to hear a casebefore it is considered by any other courtWhat is the function of a grand jury? 8. Federal Court SystemDistrict Courts: created by the Judiciary Act of 1789- originally only 13 district courts; 94 todayOriginal jurisdiction = power of a court to hear a case beforeit is considered by any other courtWhat is the function of a grand jury?- to indict or formally charge accused criminalsPetit or trial jury = ? 9. Federal Court SystemDistrict Courts: created by the Judiciary Act of 1789- originally only 13 district courts; 94 todayOriginal jurisdiction = power of a court to hear a case beforeit is considered by any other courtWhat is the function of a grand jury?- to indict or formally charge accused criminalsPetit or trial jury = 12 jurors who hear and decide a courtcaseU.S. Attorneys prosecute all federal criminal cases andrepresent U.S. Govt in all civil cases 10. Federal Court System cont.Circuit Court of Appeals = 2nd layer of federal judiciary- 12 Circuit Courts of Appeals today plus one that hears only special appeals cases such as tax, patent, and trademark casesAppellate jurisdiction = ? 11. Federal Court System cont.Circuit Court of Appeals = 2nd layer of federal judiciary- 12 Circuit Courts of Appeals today plus one that hears only special appeals cases such as tax, patent, and trademark casesAppellate jurisdiction = the power to hear appeals from thedistrict courts in their circuit; an appeal is a challenge orreconsideration of a previous ruling in a case- either the procedure of the District Court is claimed to have been faulty or the law by which the person was convicted is claimed to be faulty- cases are decided by a panel of judges; no jury involvedOnly about 4% of appealed cases make it past the circuit courts to the Supreme Court 12. The Supreme Court3rd tier of the federal judiciarymost powerful court in the world although it was initially the weakest branch of the govt by farWhat are the Supreme Court judges called? 13. The Supreme Court3rd tier of the federal judiciarymost powerful court in the world although it was initially the weakest branch of the govt by farWhat are the Supreme Court judges called? JusticesHow many are there today? 14. Art. III Sect. 2: The Supreme Court3rd tier of the federal judiciarymost powerful court in the world although it was initially the weakest branch of the govt by farWhat are the Supreme Court judges called? JusticesHow many are there today? Nine by tradition, although the Constitution does not specify the numberOriginal jurisdiction: cases involving foreign ambassadors,ministers, and consuls; cases in which two states are theparties; or in a dispute between a state and the U.S. Govt. Appellate jurisdiction: lower court rulings are appealed tothe Supreme Court, which can rule on both fact and thelaw (whether or not the U.S. Or state law in question isconstitutional. 15. The Supreme Court cont.How does the Supreme Court work?- They begin work the first Monday in October and usually recess around the end of JuneThey hear arguments over a two week period, giving eachside of a case only 30 minutes, then take a two weekperiod to consider & discuss the cases and write theiropinionsThe Court decides which cases it will hear each year, about100 out of thousands submittedSimple majority vote (at least 5 justices agreeing) decides acase 16. Judicial ReviewWhat is meant by judicial review? 17. Judicial ReviewWhat is meant by judicial review?- the principle of allowing the courts, especially the Supreme Court, to rule on the constitutionality of federal lawsEstablished through various court cases, esp. Marbury v.MadisonWatch first part of Episode 3 of Constitutional LiteracyQuestions? Discuss 18. Art. III Sect. 1How are federal judges given their jobs? 19. Art. III Sect. 1How are federal judges given their jobs?- appointed by the President, subject to Senate confirmation; (Art. II Sect. 2) often controversial todayHow long does a federal judge serve? 20. Art. III Sect. 1How are federal judges given their jobs?- appointed by the President, subject to Senate confirmation (Art. II Sect. 2)How long does a federal judge serve?- as long as he behaves well (whatever that means!) or until he resigns, dies, or is impeachedIs this undefined term length a good idea? Why did the Founders set it up this way? 21. Art. III Sect. 1How are federal judges given their jobs?- appointed by the President, subject to Senate confirmation (Art. II Sect. 2)How long does a federal judge serve?- as long as he behaves well (whatever that means!) or until he resigns, dies, or is impeachedWhy did the Founders set it up this way?- They wanted an independent judiciary free from politics so the judges would make rulings based on the law rather than to keep their jobsShould judges terms be limited? They are in most states, butnot in the federal judiciary 22. Controversy over the Supreme CourtWhy have Supreme Court nominations become so heated and controversial? 23. Controversy over the SupremeCourtWhy have Supreme Court nominations become so heated and controversial?- Because the Supreme Court has so much power and sometimes legislates or sets policy from the benchWhat are some examples of this? 24. Controversy over the SupremeCourtWhy have Supreme Court nominations become so heated and controversial?- Because the Supreme Court has so much power and sometimes legislates or sets policy from the benchWhat are some examples of this?- Dred Scott, Brown v. Board of Education of Topeka (ended school segregation), Roe v. Wade (right of privacy allows abortion), school prayer cases, etc.What is the difference between judicial restraint and judicial activism? 25. Judicial Activism v. Judicial RestraintJudicial restraint = strict constructivism, in which judges onlyapply the clear meaning of the Constitution to make theirdecisionsJudicial activism = broad constructivism, in which judges actas policymakers, interpretating the Constitution to meetpresent needsWatch video of Justice Ruth Bader Ginsburg being interviewed on Egyptian TVWhich category does she fall under?The problem for me is that our nation no longer reveres orrecognizes the value of Biblical and traditional thinking ofthe past in the realm of law. Without a firm foundation oftruth, we are vulnerable to the whims of the day. 26. Art. III Sect. 2.3: TrialsAll federal criminal trials are by jury (except impeachment)All trials will be held in the state in which the crime wassupposedly committed unless it was not committed in anystate. In that case Congress will choose the placeHow many of you have witnessed a live trial? Any comments?Criminal law = crimes against the people in general such asmurder, theft, rape, etc.Civil law = involves a dispute between two individuals orparties such as breach of contract, often includes suing thedefendant; usually heard by a judge w/o a juryJury = group of people sworn to render a verdict in a court oflaw 27. Art. III Sect. 3: TreasonTreason = ? 28. Art. III Sect. 3: TreasonTreason = making war against the US or helping an enemyof the US by giving him aid and comfort; only crime that isdefined in the Constitution- Note: This does not include thoughts or words that are critical of the US or that praise an enemyRequires the testimony of at least two witnesses to convict someone of treasonConfession of treason must be public (cant be result of torture or interrogation behind closed doorsPunishment = ? 29. Art. III Sect. 3: TreasonTreason = making war against the U.S. Or helping an enemyof the U.S. By giving him aid and comfort; only crime thatis defined in the Constitution (Have you seen Breach?)- Note: This does not include thoughts or words that are critical of the U.S. Or that praise an enemyRequires the testimony of at least two witnesses to convict someone of treasonConfession of treason must be public (cant be result of torture or interrogation behind closed doorsPunishment = up to death penalty since 1942, but thecondemneds family cant be punished and all propertyseized by govt will be returned to his family when he dies