Judicial Branch- The Courts

1. Judicial Branch- The Courts Unit V

2. Role of the courts in American government • Make policy • Can undo work of representative institutions • Judicial Activism or Judicial Restraint? • Constitutional advocates? • Bush v. Gore • Citizens United v. FEC

3. Power on federal courts • U.S. Constitution • Articles I-VII • Amendments 1-10 aka Bill of Rights • Amendments 11-27 • Marbury v. Madison • Judicial review • Checks and Balances

5. Judicial review of state laws

6. Organization of Federal Courts today • Each state • pyramid

7. U.S. District Courts • 94 • Trial court • Civil cases • Criminal cases • Most settle out of court

8. Federal Circuit Court of Appeals • 12 regional courts • 13th court

10. Federal court of appeals(cont.) • Panel of 3 • Opinion writing • Stare decisis

11. Supreme Court • Equal justice under the law while making justice the guardian of liberty • Jurisdiction: original and appellate

13. Supreme Court (continued) • Control over docket (rule of four) • Solicitor general • Amicus curiae brief • Grant review • Oral arguments • Conference • Judgment • Chief Justice

14. COURT SYSTEM

15. How does a person become a judge? • Nominations - Senate Judiciary committee • Senatorial courtesy • Political ideology • Supreme Court Justices

17. SCOTUS

18. U.S. Supreme Court 2010

19. Supreme Court of the United States • Supreme Court is the ultimate court of appeals in the United States. • Usually this is determined by the rule of law or process..not the merit of the case. • Their power to hear a case is discretionary and they do not have to give any reason for refusing to hear a case from their docket.

20. SCOTUS • If the Supreme Court chooses to hear a case, the lower court ruling stands. • If they chose to not a hear a case, they do not have to give any rationale for why why they have chosen not to hear the case..but sometimes they do.

21. Session • First Monday of October each year and usually continues in session through June. • Receives and disposes of approximately 5,000 cases a year. • A) Subject matter is not proper. • B) Subject matter is not sufficient to warrant a review of the full Court.

22. Session • Cases are heard with all the Justices sitting together in open court. • Each year the Supreme Court hears about 150 cases of national importance and 3/4ths of such decisions are announced in full published opinions. • Majority, Concurring, and Dissenting Opinions

23. U.S. Supreme Court • Located in back of the U.S. Capitol Building

24. U.S. Supreme Court

25. John G. Roberts, Jr. • Chief Justice • Born in 1955 (54) • J.D. Harvard Law • U.S. Court of Appeals for DC in 2003 (GWB) • George W. Bush nominated him C.J in 2005 [78-22] • Roman Catholic

26. Antonin Scalia • Associate Justice • Born in 1936 (73) • LL.B Harvard • U.S. Court of Appeals D.C. in 1982 (Reagan) • Ronald Reagan nominated him in 1986 [98-0] • Roman Catholic

27. Anthony M. Kennedy • Associate Justice • Born in 1936 (73) • LL.B Harvard • U.S. Court of Appeals 9th Circuit in 1975 (Ford) • Ronald Reagan nominated him in 1988 [97-0] • Roman Catholic

28. Clarence Thomas • Associate Justice • Born in 1948 (61) • J.D. Yale • U.S. Court of Appeals D.C. in 1980 (GHWB) • George H.W. Bush nominated him in 1991 [52-48] • Roman Catholic

29. Ruth Bader Ginsburg • Associate Justice • Born in 1933 (76) • LL.B Columbia • U.S. Court of Appeals D.C. in 1980 (Carter) • Bill Clinton nominated her in 1993 [96-3] • Jewish

30. Steven G. Breyer • Associate Justice • Born in 1938 (71) • LL.B. Harvard • U.S. Court of Appeals D.C. in 1980 (Carter) • Bill Clinton nominated him in 1994 [87-9] • Jewish

31. Samuel A. Alito, Jr. • Associate Justice • Born in 1950 (59) • J.D. Yale • U.S. Court of Appeals 3rd Circuit in 1990 (GHWB) • George W. Bush nominated in 2006 [58-42] • Roman Catholic

32. Sonia Sotomayor • Associate Justice • Born in 1954 (55) • J.D. Yale • U.S Court of Appeals 2nd Circuit in 1998 (Clinton) • Barack Obama nominated in 2009 [68-31] • Roman Catholic

33. Elena Kagan • Associate Justice • Born in 1960 (50) • J.D. Harvard • Initially appointed but not confirmed to U.S. Court of Appeals (D.C.) (Clinton) expired • U.S Solicitor General of the U.S. (Obama) • Barack Obama nominated in 2010 [63-37] • Judaism

34. U.S. Supreme Court 2010 The Roberts Court, 2010Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Front row (left to right): Clarence Thomas, Antonin Scalia, Chief JusticeJohn G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg

35. Justices of the Supreme Court • Nine Justices led by a Chief Justice of the Supreme Court. His/her main duty is administrational and ceremonial. • Nomination and confirmation can sometimes become very “political” • Conservative, Moderate, Liberal • Republican to Republican appointees • Democrat to Democrat appointees • Almost always…

36. Federal system • 94 district courts: criminal and civil cases • 13 appeals courts: appellate • Justices - on for life • 1 Supreme Court - Judicial review • Marbury v. Madison

37. SCOTUS

39. Consequences of Judicial Decisions • Others to implement its policies • Longest legacy of U.S. President? • John Paul Stevens appointed by Ford and recently resigned under Obama • Liberal and Conservative Cycles

40. Judicial Branch Unit V