“It is emphatically the province and duty of the judicial branch to say what the law is”

1. The United States Judicial Branch of Government“the least dangerous branch of government”Alexander Hamilton “It is emphatically the province and duty of the judicial branch to say what the law is” Chief Justice John Marshall 1803

2. January 14, 2009 • Objectives: to develop an understanding of the Supreme Court • Agenda: Question • Notes!

3. January 7, 2011 • Objectives: To develop a better understanding of the Judicial Branch • Question: How long is the appointment of a Supreme Court Justice? • Agenda: group work- you have 3 more court cases to complete. • We will share out-each person must speak

4. Fundamentals • Under the Articles of Confederation (1781-1787) there was no federal court system—only state courts. • Today there are 51 separate judicial systems in the United States: One for each state and a separate system for the federal government. • 95% of all court cases are heard in state courts---5% of all cases end up in federal court system. • The only court created in the Constitution is the Supreme Court—all others have been created by Congress.

5. Jurisdiction • Jurisdiction—the authority of a court to hear a case. • Exclusive Jurisdiction---Case can only be heard in one particular court. • Concurrent Jurisdiction---state and federal courts both could hear the case (ex. Bank robbery) • Original Jurisdiction---a court is the first court to hear a case • Appellate Jurisdiction---a court hears a case from a lower court on appeal.

6. Federal Jurisdiction—THE QUESTION OF WHO, WHAT, AND WHERE must be asked. 1. What?--- If the subject matter of the case deals with the Constitution, a treaty, or any law passed by Congress. 2. Where?---If the subject matter of the case deals with matters arising on the high seas or navigable waters of the U.S. or property of the federal government like a national park.

7. 3. Who is involved?: A. One of the parties involved are U.S. government officials. b. One of the parties involved is an ambassador or foreign minister. c. If both parties involved are U.S. States. d. If the parties involved are from the same state where both claim land in a different state.

8. Quiz Review • Under the ---there was no federal court system. • Each ---has its own court system. • 95% of all cases are heard in ---courts. • The only court created in the Constitution is the----court. • What three questions must be asked to determine if a case is a federal case? • Be able to diagram the basic structure of the Federal Court System. • In Roe v. Wade which Judicial Philosophy was used to decide the case? • Know the quotes from John Marshall and Alexander Hamilton.

9. Quiz Review continued 9. Authority of a court to hear a case 10. Case can only be heard in federal court. 11. State and federal court can both hear the case. 12. The court that hears the case for the first time (trial court) 13. Court that hears a case coming from a lower court. Answers: original jurisdiction, concurrent jurisdiction, appellate jurisdiction, jurisdiction, exclusive jurisdiction

10. United States District Courts Federal Trial Courts of original jurisdiction. These courts hear both civil and criminal cases. District Courts handle 80% of all federal cases. (300,000 cases a year) 89 Federal District Courts nation wide that are divided into 12 regions (circuits) Over 600 judges preside over these courts. You can find one of these courts in downtown Roanoke at the Poff building.

11. Recent District Court Decision • In a Federal District Court in California recently a Judge ruled that students would no longer have the opportunity to say the Pledge. • The District Court Judge felt that the inclusion of “God” in the pledge was a violation of the 1st. Amendments prohibition on state sponsored religion. • The case will be appealed to the Federal Circuit Court of Appeals and then probably to the Supreme Court.

12. Federal Circuit Courts • Created by Congress in 1891 to reduce the work load of the Supreme Court. • Only has appellate jurisdiction. • They hear 55,000 cases a year. • Usually hear appeals from District Courts. • 12 of these courts nationwide. • Approximately 180 judges (One of them was Judge Roberts). • Judges usually hear cases in panels of three. (en banc) • Judges are appointed by the President with the consent of the Senate for life.

13. United States Supreme Court • Made up of 8 Justices and one Chief Justice =total of 9. • Sometimes called “court of last resort” • Justices appointed by the President with consent from the Senate for life terms. • Has both original and appellate jurisdiction, but almost always hears cases on appeal. • Originally there were only 6 Justices, but by 1869 we settled on 9. (FDR—attempted to pack court in 1937) • 7 to 8,000 cases appealed to Supreme Court each year but they only hear a few hundred.

14. Pay for Federal Court Judges and Justices • Chief Justice $202,900 • Associate Justices $194,200 • Federal Circuit Court of Appeals judges get $164,100. • Federal District Court Judges get $154,700

15. How does the Supreme Court decide to hear a case???? • The Rule of Four----at least four justices must agree to hear a case before it is accepted . • Writ of Certiorari----directs lower court to send up record of the case for review. If you appeal a case to the Supreme Court you are asking the Justices for a writ of “cert”---most are denied. The Supreme Court will not usually hear a case unless it raises some important Constitutional question.

16. Judicial Review and the Supreme Court • Established in 1803 in the case Marbury v. Madison • Establishes that the Supreme Court has the power to determine if actions of government are unconstitutional.

17. How does a case arrive at the Supreme Court? 1. From one of the 50 State Supreme Courts. 2. From one of the Circuit Courts of Appeal.

18. United States Supreme Court 2010 • Associate Justice John Paul Stevens, 84 years old, appointed by Gerald Ford. • Considered one of the three liberals on the court.

19. U.S. Supreme Court 2010 • Associate Justice Antonin Scalia, 68 years old, appointed by Ronald Reagan. • Considered one of the three conservatives on the court.

20. U.S. Supreme Court 2010 • Associate Justice Anthony Kennedy, 68 years old, appointed by Ronald Reagan. • Considered one of the three moderates on the vote—swing vote. • Voted for Bush in Bush v. Gore 2000

21. Supreme Court 2010 • Associate Justice David Souter, 65 years old, appointed by George H.W. Bush. • Considered one of the three moderates on the court---swing vote.

22. Supreme Court 2010 • Associate Justice Clarence Thomas, 56 years old, appointed by George H.W. Bush. Second African American appointed to Supreme Court (Thurgood Marshall was first) • Considered one of the three conservatives on the court.

23. Supreme Court 2010 • Associate Justice Ruth Bader Ginsburg, 71 years old, appointed by Bill Clinton. • Considered one of the three liberals on the court—possibly most liberal.

24. Supreme Court 2010 • Associate Justice Stephen Breyer, 66 years old, appointed by Bill Clinton. • Considered one of the three liberals on the court.

25. Justice Sam Alitoappointed by George W. Bush In 1990, President George H. Bush nominated Judge Alito to the U.S. Court of Appeals for the Third Circuit. Alito was unanimously confirmed by voice vote by the U.S. Senate Alito tends to be more conservative than liberal

26. Immediately prior to her nomination to the Supreme Court, Sotomayor was serving as a Circuit Judge of the United States Court of Appeals for the Second Circuit, having appellate jurisdiction over district courts in Connecticut, New York, and Vermont. From 1991 to 1997, she served as a justice of the United States District Court for the Southern District of New York. Newest appointee by Obama

27. 2010 Supreme Court • Chief Justice John Roberts 51 years old---newly appointed. The first appointment that President George W. Bush has had the opportunity to make. Roberts is considered a conservative. He was confirmed by the Senate by a vote of 78-22

28. January 11, 2010 • Objectives: To develop a better understanding of the Judicial Branch of government and Supreme court decisions. • Question: Who is the Chief Justice? • Agenda: notes on Supreme Court • Student Rights or lack of?

29. How does the Supreme Court make decisions? • A decision is made by majority vote (the Bush v. Gore 2000 decision was 5-4). • Sometimes Justices hear oral arguments before the Supreme Court. Each side gets 25 minutes to speak. • Months usually pass before a decision is reached. Occasionally they speed up the process.

30. Opinions • Majority opinion—the official written opinion of the court. • Concurring Opinion---when a justice agrees with the majority but for different reasons that they want to explain. • Dissenting Opinion---when a justice or justices disagree with the majority and want to explain why.

31. Quiz Review 11. Which federal courts have original jurisdiction? 12. Federal District courts hear both—and—cases. 13. How many Federal District courts? 14. Where is the nearest federal district court to us? 15. How many federal district court judges? 16. Recently a federal district court judge in---ruled that students in this district would no longer have the opportunity to say the ---to start the school day.

32. Quiz review II continued 17. Why were federal circuit courts of appeal created? 18. What type of jurisdiction do Federal Circuit courts have? 19. About how many cases do federal circuit courts hear within a year? 20. Federal Circuit Court Judges usually hear cases as a panel of ---judges. This is called -------- (Latin phrase)

33. Quiz Review III 21. How many justices are there on Supreme Court? 22. Why is Supreme Court sometimes called court of last resort? 23. What type of jurisdiction does Supreme Court have? 24. How many Justices were on first Supreme Court? Where did they first meet? Who was first Chief Justice? 25. In 1937 who attempted to “pack” the Supreme Court? Why? 26. Approximately how many cases does the Supreme Court hear in a years time? 27. What is the pay for an Associate Justice? 28. What is the “Rule of Four”?

34. Quiz Review IV 29. A Writ of ---directs a lower court to send up the record of a case for review. 30. What is judicial review? 31. From what two types of courts might the Supreme Court get a case? 32. List the 9 current members of the U.S. Supreme Court. Who is the new Chief Justice? 33. How does the Supreme Court make decisions? 34. What are majority and dissenting opinions? 35. Be able to answer questions 1,2,6,10,14, and 19 from the “Honorable Supreme Court” Video listening guide.

35. Special Courts—courts created by Congress to hear certain cases • The Court of Federal Claims— government may not be sued without its consent. Court set up in 1855 to hear civil claims against the U.S. Government. 16 Judges with 15 year terms, hear cases through out the country. • U.S Tax Court---hears civil cases dealing with taxes. • Court of International Trade---hears civil cases arising out of tariff and other trade related laws.

36. Special Courts Continued 4. Territorial Courts---Courts set up by Congress for U.S. territories such as Guam, and Virgin Islands. 5. Court of Appeal for Veterans Claims---hears appeals from the decisions made by the Department of Veterans Affairs. Usually having to do with Veterans Claims. 6. Court of Appeals for the Federal Circuit—hears appeals from Court of International trade, Court of Federal Claims, Court of Appeals for Veterans Claims.

37. Special Courts continued 7. Military Courts---Court martial—conducted by military. 8. Court of Military Appeals—appeals court for Military Court. Civilian judges.

38. Quiz Review IV 32. How are decisions made on the Supreme Court? 33. Does the Supreme Court always hear lawyers arguments orally before the court? 34. What do you call the official written opinion of the Court? 35. What do you call the opinion of a justice who agrees with the majority but for a different reason? 36. What do you call the opinion of a justice who disagrees with the majority? 37. What court was created by Congress to hear civil cases against the U.S. Government? 38. The U.S. Federal Government may not sued without its’ ------- 39. What special Federal Court was created by Congress to hear cases dealing with tariff and trade laws?