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Chapter 11

Chapter 11. The Judicial Branch. *Section 1* Jurisdiction. Dual court system – state courts and federal courts State courts handle state laws, fed courts handle fed laws, foreign treaties, interpretation of K Sometimes, fed and state courts have concurrent jurisdiction

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Chapter 11

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  1. Chapter 11 The Judicial Branch

  2. *Section 1* Jurisdiction • Dual court system – state courts and federal courts • State courts handle state laws, fed courts handle fed laws, foreign treaties, interpretation of K • Sometimes, fed and state courts have concurrent jurisdiction • Fed courts: trial courts are district courts have original jurisdiction; federal courts of appeals have only appellate jurisdiction

  3. Developing Supreme Court Power • SC is the most powerful court in the world; power developed from custom, usage, history • No court, including SC, may initiate action • Chief Justice Marshall’s opinion in Marbury v. Madison (1803) established the SC’s power to review acts of Congress, or judicial review • Marshall broadened federal power at the expense of the states • Chief Justice Taney emphasized the rights of states and citizens over federal interests

  4. Due Process and Regulatory power • Plessy v. Ferguson (1896) established “separate but equal” doctrine • In the Granger cases (1870s), SC held that a state had the power to regulate RRs and other private property • FDR’s Court-packing scheme failed in 1937, but SC began upholding reg authority and New Deal laws after that • CJ Earl Warren’s Court (1950s and 60s) emerged as the major force in protecting civil rights and civil liberties, beginning w/Brown v. Board of Ed (1954)

  5. *Section 2*Constitutional Courts • Federal district courts – created by Congress as trial courts for civil and criminal cases • Criminal cases- 2 types of juries: Grand jury – hears evidence and decides if defendant should go to trial; and petit jury (or trial jury) that hears the actual trial • District courts carry most of the workload of the court system; MOST cases are decided here and do not go to higher courts • 13 Federal Courts of Appeals ease workload on SC. They can 1) uphold original decision, 2) reverse the decision, or 3) send (remand) the case back to original court to be tried again

  6. Legislative Courts • Congress created these courts to help Congress exercise its powers: US Court of Federal Claims, US Tax Court, US Court of Appeals for the Armed Forces, territorial courts, courts of DC, and Court of Veterans’ Appeals

  7. Selection of federal judges (all fed courts) • K gives power to Prez to appoint all fed judges, w/approval of Senate • Usually appts judges from their own party and philosophy • Prez’s follow senatorial courtesy • More women, minorities being appointed these days

  8. *Section 3*SCOTUS jurisdiction • SC has original jurisdiction when in any case that involves representatives of foreign govts, and any case in which a state is party • Otherwise, appellate jurisdiction

  9. SCOTUS Justices • Congress sets #; has been at 9 since 1869 • 1 Chief Justice, 8 Associate Justices • Congress sets salary (may not be reduced) • Congress may remove by impeachment • CJ presides over all arguments and meetings, he is the “first among equals” • Law clerks handle research, summarize cases, assist in writing opinions • Most have extensive legal experience, most appointed in their 50s – early 60s

  10. Appointing Justices • President chooses a nominee based on political/judicial philosophy • Other parties involved in decision – ABA, interest groups, sitting SC justices

  11. Chapter 12 • The Supreme Court

  12. The JusticesBack row: Sotomayor, Breyer, Alito, KaganFront row: Thomas, Scalia, CJ Roberts, Kennedy, Ginsburg

  13. *Section 1*The Court’s procedures • During 2-week sessions, justices hear oral arguments on cases, then meet in secret to make decisions • Justices consider oral arguments and petitions from plaintiffs, then write opinions • Justices’ written opinions interpret the law and shape public policy

  14. How cases reach the Court • Majority are appeals from lower courts • Most concern a K question; cases the Court decides not to hear are dismissed, and the ruling of the lower court stands • Most cases reach SC by writ of certiorari, in which either side petitions that a lower court’s decision involves and error which raises a serious K question • CJ goes thru all petitions, discards most, keeps some (1/3 or so) for the “discuss list.” When discussed, if 4 of the 9 justices want to hear it, they grant cert - “rule of four” • More than half the cases are decided by a brief, unsigned per curiam opinion; the rest are given the Court’s full consideration

  15. Steps in deciding major cases: • Each side submits a brief detailing legal arguments, facts, & precedents. Parties not directly involved may submit amicus curiae briefs. • Lawyers for each side make oral arguments, during which justices can ask questions • On Wednesday and Friday, CJ presides over secret conference to review cases and make recommendations for handling them • About 30 min debating each case; each justice has one vote • Justices may issue 4 kinds of opinions: unanimous, majority, concurring, or dissenting • If the CJ votes w/the majority, s/he assigns the opinion writing for the Court. If not, the most senior justice in the majority assigns it.

  16. *Section 2*Tools for shaping policy • The Court determines policy in several ways: judicial review, interpreting laws, overruling or reversing the Court’s previous opinions • Judicial review cancels existing laws • Interpretation clarifies existing law - Reversing previous SC decisions create new precedents to be followed

  17. Limits on SC • 3 SC eras • 1789 – Civil War – rulings involved size and scope of govt & govt power • Civil War – 1937 – economic matters and govt’s role in same • 1937 – present – civil liberties and civil rights • SC only decides cases that will make a difference in our legal landscape • SC’s agenda is set by outside forces – (remember, SC cannot initiate action) • SC has no law enforcement power; must rely on exec branch and states

  18. *Section 3*Basing decisions on the Law • Justices must base their opinions on the law, not on personal opinions • SC must interpret law based on K, statutes, and precedents

  19. Views of Justices • Justices have favorite areas of law; some become identified w/them • As Justices retire, majority voting blocks (liberal/conservative) may change

  20. Relations among Justices • CJ can promote harmony among Justices • Most communication is in writing • Some Justices are closest of friends regardless of philosophy

  21. The Court and Society • SC is insulated from public opinion, but they still need public’s support • Justices are influenced by values and beliefs of current society

  22. Balancing Court’s power • Presidents appoint Justices and enforce SC decisions – enforcement may be aggressive or lax • Congress: can limit SCs jurisdiction, but rarely does so; may propose K amendment to overturn SC decision; sets salaries; uses confirmation power to shape the Court’s opinion on social issues

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