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THE JUDICIARY

THE JUDICIARY. The Constitution and the National Judiciary. Article III of the Constitution establishes: a Supreme Court life tenure or ‘good behavior’ for judges judges receive compensation such inferior courts as Congress may choose to establish

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THE JUDICIARY

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  1. THE JUDICIARY

  2. The Constitution and the National Judiciary • Article III of the Constitution establishes: • a Supreme Court • life tenure or ‘good behavior’ for judges • judges receive compensation • such inferior courts as Congress may choose to establish • the original jurisdiction of the Supreme Court • The intent of Article III was to remedy the failings of the Articles of Confederation which left judicial matters to the states.

  3. The American Legal System • The American legal system is a dual system: • state courts--actually 50 different 'systems' • federal courts • Both systems have three tiers: • trial courts--litigation begins and courts hear the facts of the case at hand (original jurisdiction) • appellate courts--decide questions of law, not fact (appellate jurisdiction) • high or supreme courts

  4. AZ SUPREME (1) AZ Court of Appeals (2) Superior Courts

  5. Pledge Falvo

  6. Article III - Supreme Court President appoints Senate confirms

  7. President-hearings-Senate approval • The president -nominate a justice -political philosophy • approved of the Senate • periods by the Chief Justice (Burger Court, Warren Court, Rehnquist Court, Roberts Court)

  8. Federal Selection Process • The selection --very political process. • Often presidents solicit suggestions from members of the House of Representatives, Senators, their political party, and others. • Provides president opportunity to put philosophical stamp on federal courts-loose construction or strict construction

  9. Number of Judicial Appts by President from FDR to Clinton

  10. Supreme Court 07-08 Who’s Who Ginsburg Souter Thomas Alito Kennedy Stevens Roberts Scalia Breyer

  11. Supreme Court appointments • Antonio Scalia - ReaganAnthony Kennedy - ReaganClarence Thomas - Bush • Ruth Bader Ginsburg - ClintonJohn Roberts, Jr. –Chief Justice-GW Bush Stephen Breyer – Clinton • Samuel Alito, Jr. –GW BushSonia Sotomayor-B. Obama • Elena Kagan-Obama

  12. Generally speaking, the Court will hear cases • basic constitutional principle • question of federal law • conflict between state and federal laws

  13. Lower Court Reversal Rate • Court % Rev/Vacated #Rev/Vac # Decided • 1 0 0 1 • 2 67 2 3 • 3 0 0 0 • 4 100 3 3 • 5 100 3 3 • 6 71 5 7 • 7 67 2 3 • 8 100 1 1 • 9 75 18 24 • 10 100 1 1 • 11 50 2 4 • DC Circuit 50 1 2 • U..S. District 67 2 3 • State Courts 81 17 21

  14. How Supreme Court Decisions are Made Case on the Docket Approx 95 Briefs and Amicus Briefs submitted Oral Argument Justices Conference Cases discussed Votes taken Opinion Assigned Opinions Drafted and Circulated Opinions Announced

  15. Unanimous Decisions • SCOTUS # Unan Dec # Unan /Conc % of cases Unan • 2002-03 20 11 39 • 2001-02 14 13 36 • 2000-01 28 11 46 • 1999-00 19 10 39 • 1998-99 18 14 44 • 1997-98 29 14 48 • 1996-97 20 14 43 • 1995-96 25 12 48 • 1994-95 27 11 44 • 1993-94 12 22 40

  16. How the Justices Vote Legal Factors • Judicial Philosophy • Judicial Restraint - advocates minimalist roles for judges, and the latter • Judicial Activism - feels that judges should use the law to promote justice, equality, and personal liberty. • Precedent • Prior judicial decisions serve as a rule for settling subsequent cases of a similar nature.

  17. How the Justices Vote Extra-Legal Factors • Behavioral Characteristics • The personal experiences of the justices affect how they vote. Early poverty, job experience, friends and relatives all affect how decisions are made. • Ideology • Ideological beliefs influence justices' voting patterns. • The Attitudinal Model • A justice's attitudes affect voting behavior. • Public Opinion • Justices watch TV, read newspapers, and go to the store like everyone else. They are not insulated from public opinion and are probably swayed by it some of the time.

  18. Liberal/Moderate -Stevens, Souter, Ginsburg, Breyer • Swing Votes -, Kennedy • Conservative - Roberts, Scalia, Thomas, Alito

  19. Political Philosophy Court - an ever changing political institution that fluctuates between liberalism and conservatism as well as activism and restraint.

  20. Judicial Restraint The Supreme Court should defer to the decisions made by elected representatives of the people in the legislative and executive branches.

  21. Judicial Activism The Court should take an active role in using its powers to check the actions of Congress, legislatures, the executive branch and agencies.

  22. Judicial Review • Judicial review power of a court to decide if case should be heard. • This power -not mentioned in the Constitution. • Judicial review - established by the Marshall Court for itself and posterity in Marbury v. Madison (1803). • Marbury's long-term effect - allow the Court to have the final say in what the Constitution means.

  23. Judicial Review • Judges have used this power sparingly. • The power has only been used about 140 times to strike down acts of Congress. • Although more frequently (over 1200 times) to invalidate acts of state legislatures.

  24. Landmark Cases • Marbury vs. Madison (1803) judicial review • McCulloch vs. Maryland (1819) upheld implied powers clause • Gibbons vs. Ogden (1824) power to regulate interstate commerce, federal law prevails over state law • Dred Scott vs. Sandford (1857) contributed to the Civil War

  25. Landmark Cases cont. • Plessy vs. Ferguson (1896) “separate but equal” • Brown vs. Board of Education (1954) “separate is inherently unequal” • Baker vs. Carr (1962) reapportionment, one person one vote • Roe vs. Wade (1973) right to privacy

  26. The Supreme Court Today • According to a 1990 poll, only 23% knew how many justices sit on the Supreme Court, and two-thirds could not name a single member. • In 1998, a poll of teenagers showed that only 2% could name the Chief Justice. • Yet, Supreme Court decisions have been credited with strengthening the Constitution, increasing the power of the federal gov’t., starting the Civil War, reshaping race relations, restoring fairness to our electoral system, redefining the rights of women, and most recently deciding a presidential election!

  27. Exploring the Bill of RightsFor the 21st Century

  28. The First Amendment Five Essential Freedoms and Rights

  29. Freedom of Speech Congress shall make no laws . . . abridging the freedom of speech

  30. Freedom of Religion Congress shall make no law respecting an establishment of religion or prohibiting the free exercise there of

  31. Freedom of the Press Congress shall make no law . . . abridging . . . the freedom of the press.”

  32. Freedom of Assembly Congress shall make no law . . . Abridging . . . The people to peaceably assemble”

  33. Petition the Government Congress shall make no law . . . Abridging . . . the people. . . to petition the government for a redress of grievances”

  34. 2nd Amendment A well-regulated militia, being necessary to the security of a free state, the right of the people to bear arms shall not be infringed.

  35. 3rd Amendment No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war. . . .

  36. 4th Amendment • The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, • shall not be violated, and no Warrants shall issue, but upon probable cause, ….. particularly describing the place to be searched, and the persons or things to be seized

  37. 5th Amendment • No person shall be held to answer for a … crime unless on a presentment or indictment of a Grand Jury • nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb [double jeopardy] • nor shall be compelled in any criminal case to be a witness against himself [self-incrimination]

  38. 5th Amendment • nor be deprived of life, liberty, or property, without due process of law • nor shall private property be taken for public use, without just compensation [eminent domain]

  39. 6th Amendment In all criminal prosecutions, the accused shall enjoy • the right to a speedy and public trial by an impartial jury • to be informed of the nature and cause of the accusation • to be confronted with the witnesses against him; • to have compulsory process for obtaining witnesses in his favor • to have the Assistance of Counsel for his defense

  40. 7th Amendment In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved….

  41. Eighth Amendment • No excessive bail • No cruel and unusual punishment

  42. 9th Amendment • The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people • [other rights may be protected even if not included in the Bill of Rights ex: right to privacy]

  43. 10th Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. [states' rights]

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