The Judicial Branch

1. The Judicial Branch

2. The Judicial Branch The Structure of the Judicial Branch: The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office. - Article III, Section 1 of the United States Constitution

3. Selecting Justices/Judges Federal and Supreme Court Justices • Decisions of appointed justices/judges can have an impact long after an election cycle is over (and after the President that has appointed them leaves office) • Confirmations can take weeks/months

4. Selecting Justices/Judges Considerations • Political Party of the President influences selection • Candidate’s views on economic, social and legal issues are considered

5. Selecting Justices/Judges Step 1: Vacancy Occurs A judge retires, dies or steps down Step 2: Senatorial Courtesy Senators that represent the states where the vacancy happens are asked for recommendations for potential candidates Step 3: Senate Judiciary Committee Questionnaire Legal qualifications, employment history, decisions on cases, tax history, medical & criminal background, reputation in legal community

6. Selecting Justices/Judges Step 4: Nomination moves to Senate Judiciary Committee Step 5: Hearings before Senate Judiciary Committee Gives Senators an opportunity to ask questions Step 6: Vote of Senate Judiciary Committee Requires majority vote to move to Senate floor Step 7: Senate Debate & Vote Scheduled Step 8: Confirmation after majority vote in Senate Step 9: President signs commission and lifetime appointment begins.

7. Terms and Compensation • Life terms reduce the chances that decisions are made on politics or political pressures • They may be impeached and removed like any other officials for high crimes and misdemeanors.

8. Justices Profiles and Trivia • Most are attorneys or state judges when appointed • John Jay – 1st Chief Justice • William H. Taft – Chief Justice and former President • Thurgood Marshall - 1st minority/African-American (1967) • Sandra Day O’Connor - 1st woman (1981) • Sonia Sotomayor - 1st Hispanic (2009)

9. The Judicial Branch

10. The Structure of the Judicial Branch U.S. Supreme Court • Highest federal court • Known as court of last resort – decision can’t • be appealed • most appeals come from the Court of Appeals • Original jurisdiction – suits between states, involving ambassadors or public ministers • Appellate jurisdiction – all others w/ point of constitutional and/or federal law • currently 8 associate justices and chief justice • about 7,000 cases apply/yr., only about 80 get full decision

11. The United States Supreme Court

12. The United States Supreme Court

13. The Structure of the Judicial Branch • U.S. Court of Appeals (aka Circuit Courts) • set in 12 districts or circuits with one additional federal circuit court • usually 3 judge panels • hear appeals from district courts • set up to lessen workload of Supreme Court • have appellate jurisdiction • does not always mean a trial • about 400,000 cases/yr.

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15. The Structure of the Judicial Branch • U.S. (Federal) District Courts • federal trial courts; currently 94 courts • at least one per state plus D.C. & Puerto Rico • 2 judges per court • have original jurisdiction • hear 80% of federal cases(about 300,000/yr.)

16. The Powers of the Judicial Branch The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority … - Article III, Section 2 of the United States Constitution

17. Jurisdiction of the Judicial Branch Jurisdictionthe right or authority of a court to hear a case.

18. Types of Jurisdiction • Original –right to hear a case for the first time. Jurisdictional levels: • FederalU.S. Constitution, federal laws • State State Constitution, state laws • Local city or county ordinances • Appellate – right to hear a case on appeal; law has been applied unfairly or incorrectly

19. Types of Jurisdiction • Exclusive – assigned by Constitution; only federal courts can hear; includes cases involving national laws, the federal government or other governments (State or Foreign) • Concurrent– cases that can be decided in state or federal courts *Plaintiff – files suit*Defendant – person filed against

20. The American Legal System Types of Law • Criminal Law– cases that involve individuals committing crimes • Civil Law– cases that involve individuals filing claims against other individuals or businesses regarding money or property (contracts, property disputes, divorce, child custody)

21. The Powers of the Judicial Branch • Interpret the Constitution • Interpret National, State, and Local Laws • Review all acts and laws to determine the constitutionality of the law • Apply the Constitution to individual cases • Decide cases involving states’ rights • Higher courts have appellate jurisdiction over lower courts

22. The Powers of the Judicial Branch Judicial Review In Marbury v. Madison, the Supreme Court claimed the power to review acts of Congress and the president and deem them unconstitutional, creating a precedent for an American process of judicial review.

23. Marbury v. Madison • At the very end of his term, President John Adams had made many federal appointments, including William Marbury as justice of the peace in the District of Columbia. • Thomas Jefferson, the new president, refused to recognize the appointment of Marbury. • At the direction of Jefferson, Madison (Secretary of State) refused to deliver Marbury's commission. Marbury sued Madison, and the Supreme Court took the case. • Chief Justice John Marshall wrote that the Judiciary Act of 1789, which spelled out the practice of delivering such commissions for judges and justices of the peace, was unconstitutional because it gave the Supreme Court authority that was denied it by Article III of the Constitution. • The Supreme Court said, the Judiciary Act of 1789 was illegal and not to be followed.

24. Process to the Supreme Court Step 1: Trial in the U.S. Federal District Court An individual must file a lawsuit in a local, state, or federal court that claims their Constitutional rights have been violated. Step 2: Appeal in the U.S. Court of Appeals An individual that disagrees with the decision in the Federal District Court may appeal to the Court of Appeals which has appellate jurisdiction in federal cases. Step 3: Appeal in the U.S. Supreme Court

25. Process through the Supreme Court The Supreme Court usually chooses cases based on one of four criteria: • A Conflict of Law: a case when there are conflicting decisions across the country on a particular issue. • An Important Case to the Nation: a case presents an issue of national or social importance. • A Disregard for Precedence: a case when the lower courts have blatantly disregarded a past Supreme Court decision. • An Egregious Error: a case when the lower courts have made a major error in judgment that needs to be corrected.

26. Process through the Supreme Court Step 1: Submit an Appeal to the Supreme Court • Lawyers submit a petition for a writ of certiorari (Latin: to be informed of) requesting the Court to review a case on appeal. • The petition includes a history of the case, the basic facts, and the important legal issues that the case presents.

27. Process through the Supreme Court Step 2: The Appeal is Granted • The Justices vote on the merits of the case. • FourJustices must agree to grant the appeal (The Rule of Four). • If the writ is not granted, the lower court’s opinion stands.

28. Process through the Supreme Court Step 3: Briefs are Submitted Once the appeal has been granted the legal counsel for both sides submit a Merit Brief summarizing the facts of the case as well as the legal reasoning behind their arguments. In addition, Amicus Curaie (friend of the court) Briefs may be filed by a person or group who is not a party to the case, but has a strong interest in the matter with the intent of influencing the court's decision.

29. Process through the Supreme Court Step 4: Oral Arguments are Given • Oral arguments are an opportunity for the Justices to ask questions directly of the attorneys representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important. • Arguments are generally scheduled on Monday, Tuesday and Wednesday mornings • Arguments are almost always limited to 7 sittings at 30 minutes for each side.

30. Process through the Supreme Court Step 5: The Case is Decided The Justices meet in a private conference, closed even to staff, to discuss the cases and to take a preliminary vote on each case. • A majority opinion is issued detailing the decision of the court. One justice writes for the group. Chief Justice writes if voting with majority. • Concurring opinions are written by Justices that agree with the decision for different reasons. • Justices that disagree with the decision may write dissenting opinions.

31. Process through the Supreme Court The decision of the Supreme Court is final and forms a precedent that becomes the standard of rule for future cases and provides guidance for enforcing laws.

32. Judicial Philosophies in Making Decisions Judicial Restraint – Claims that all laws & decisions should be upheld unless they go against the Constitution and that judges should limit the exercise of their own power. • Supporters of Judicial Restraint would argue that law-abiding citizens should be able to bear arms (2nd Amendment) • Supporters would argue that personal opinions and political pressure allowed the Obergefell case to legalize same-sex marriage. • Supporters would argue that the death penalty doesn’t violate the 8th and is allowed despite the 5th Amendment provision that no person shall be deprived of life without due process of law because of the indictment and guilty verdict by jury of peers.

33. Judicial Philosophies in Making Decisions Judicial Activism Rulings that appear to be based on personal opinions or political considerations rather than the law or the Constitution. • Supporters of Judicial Activism would argue that gun violence should allow the government to redefine the terms under which Americans may have guns. • In Obergefell v. Hodges (Marriage as a Right) supporters argue that the 14th Amendment protects the rights of all Americans to enjoy liberty. • Supporters argue that the 8th Amendment allows for personal and political opinions to influence consideration of the 8th Amendment in relation to the 5th Amendment.