The Judicial Branch

1. The Judicial Branch Mike Pinson

2. Jaywalk all-stars 1/2

4. 1) None of the states could claim jurisdiction or power over other states. 2) Federal courts; because both parties in the case are not citizens of a single state. 3)

5. Article III of the Constitution • 2 court systems in the U.S.: national judiciary & courts ran by each of the 50 States. • Const. created the S. Court & gave Congress the expressed power of creating more federal courts. • Congress established the inferior courts—the lower federal courts. 2 types of federal courts: (1) constitutional courts & (2) special courts.

6. Types of Federal Courts 2 3 4 • The Constitution created only the Supreme Court, giving Congress the power to create any lower, or “inferior,” courts as needed. Chapter 18, Section 1

7. Federal Court Jurisdiction • Jurisdiction is defined as the authority of a court to hear (to try and to decide) a case. • fed. courts may hear court cases because: • (1) the subject matter or • (2) the parties involved in the case.

8. Types of Jurisdiction • Exclusive and Concurrent Jurisdiction • Some cases can only be heard in federal courts. In that case, federal courts have exclusive jurisdiction. • Many cases may be tried in a federal court or a State court. In such an instance, the federal and State courts have concurrent jurisdiction. • Original and Appellate Jurisdiction • A court in which a case is first heard is said to have original jurisdiction over that case. • A court that hears a case on appeal from a lower court has appellate jurisdiction over that case. • Supreme Court exercises both original and appellate jurisdiction.

9. Appointment of Judges Terms and Pay of Judges • Power to appoint judges to federal courts falls on the President. • Pres. nominates S. Court justices, as well as fed. court judges, who are then subject to the approval of the Senate. • Judges appointed to the constitutional courts, including the Supreme Court, are appointed for life. Only removed by their own will/through impeachment. • special courts appointments vary from 4 to 15 years. • Congress determines salaries for federal judges.

10. The District Courts Federal Judicial Districts • 94 federal judicial districts include at least one district in each State, the District of Columbia, & Puerto Rico. • Larger and more populous States are divided into two or more districts, reflecting the larger amount of judicial work done there. District Court Jurisdiction • District courts have original jurisdiction over most cases in federal courts. • hear a wide range of criminal cases and civil cases. • A criminal case, in the federal courts, is one in which a defendant is tried for committing some action that Congress declared by law to be a federal crime. A federal civil case is one which involves noncriminal matters.

11. The Courts of Appeals The courts of appeals were created in 1891 to handle much of the burden that the Supreme Court faced in ruling on appealed cases. Appellate Court Judges • Altogether, 179 circuit judges sit in the 12 appeals courts. • A Supreme Court justice is also assigned to each of the circuits. • Appellate Court Jurisdiction • The courts of appeals only have appellate jurisdiction, hearing cases on appeal from lower federal courts.

12. How Federal Cases Are Appealed

13. Other Constitutional Courts The Court of International Trade • The Court of International Trade hears civil cases arising out of tariff and other trade-related laws. The Court of Appeals for the Federal Circuit • This appellate court has nationwide jurisdiction and hears cases from several different courts. • Most cases heard arise from the U.S. Court of International Trade, the U.S. Court of Federal Claims, and the U.S. Court of Appeals for Veterans Claims.

14. How Cases Reach the Supreme Court For a case to be heard by the Court, 4-9 judges must agree that it should be placed on the Court’s docket. Certificate • Cases can reach the Court by certificate when a lower court asks for the Court to certify the answer to a specific question in the matter. Writ of Certiorari • Most cases reach the Court via writ of certiorari,an order to a lower court to send a record in a given case for its review.

15. Appealing a Case to the Supreme Court 1 2 4 Chapter 18, Section 3

16. How the Supreme Court Operates Oral Arguments • Once the S. Court accepts a case, it sets a date on which lawyers on both sides will present oral arguments. Briefs • Briefs are written documents filed with the Court before oral arguments begin. The Court in Conference • Chief Justice presides over a closed-door conference in which justices present their views on the case at hand.

17. Opinions of the Court Once the Court finishes its conference, it reaches a decision and its opinion is written.

18. The Court of Federal Claims and the Territorial Courts • The Court of Federal Claims • The U.S. Court of Federal Claims handles all pleas against acts of the United States government. • Those who have claims against the United States can possibly secure redress—satisfaction of a claim, usually through payment—through this court. The Territorial Courts • Under its power to govern the territories of the United States, Congress created courts for the nation’s territories. • These courts are in places such as Guam and the Virgin Islands, and function much like the local courts in the 50 States.

19. The District of Columbia Courts and the U.S. Tax Court • The District of Columbia Courts • As directed in the Constitution, Congress established a system of courts for the “Seat of Government of the United States.” • The District of Columbia handles all local judicial matters for the district, including trials and appeals. • The United States Tax Court • The U.S. Tax Court was created by Congress in 1969. • The Tax Court hears civil but not criminal cases involving disputes over the application of the tax laws. • Its decisions may be appealed to the federal courts of appeals.

20. Military Appeals Courts The Court of Appeals for the Armed Forces • This court is a civilian tribunal, a court operating as part of the judicial branch, entirely separate from the military establishment. • The court reviews the more serious convictions of members of the armed forces at a court-martial, or trial involving military law. The Court of Appeals for Veterans Claims • The Court of Appeals for Veterans Claims hears cases in which individuals claim that the Department of Veterans Affairs has denied or otherwise mishandled valid claims for veterans’ benefits.

21. CA 19.1

22. Liberties v. Rights • In general, civil liberties are protections against govt. • guarantees of the safety of persons, opinions, & property from arbitrary acts of govt. • Civil liberties include: • Freedom of speech • The right to privacy • The right to be free from unreasonable searches of your home • The right to a fair court trial • The right to marry • The right to vote • The term civil rights is sometimes reserved for those positive acts of govt that seek to make constitutional guarantees a reality for all people. • "civil rights" has traditionally revolved around the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such as employment and housing

23. Limited Government • Throughout the Const., the extent of govt authority is strictly limited. • rights that the Const. guarantees to citizens are also limited. • People in the U.S. are free to do as they please as long as they do not infringe upon the rights of others. • Different rights conflict with one another, such as the freedom of the press & the right to a fair trial. • Not all rights are guaranteed to aliens, who are foreign-born residents or non-citizens.

24. The 9th Amendment • “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” • 9th Amendment states that the American people possess rights that are not set out explicitly in the Cons. • It has been used to protect rights as various as the rights of the accused to a woman’s right to abortion without undue interference by govt.

25. Affirmative action • In the 1960s the govt began programs that gave a preference to minorities, women, or the physically challenged in hiring & promotions, govt contracts, admission to schools & training programs, & other areas.

27. 1. Was affirmative action ever necessary? • Explain • 2. Is affirmative action still necessary? • Explain • 3. If you own your business, do you want the government telling you which person to hire? Explain

28. Freedom of ExpressionTwo guarantees of religious freedom: Free Exercise Clause • Guards against the government interfering in the exercise of any religion. • In effect, freedom for religion. Establishment Clause • Guards against establishing a mandated religion. • In effect, freedom from religion

29. Separation of Church and State Church and government are constitutionally separated from one another. A wall of separation? However, the government supports churches and religion in a variety of ways, including tax exemption.

30. The Supreme Court has had to consider many Establishment Clause cases that involve religion and education. Religion and Education The purpose of the aid must be nonreligious & the aid can neither advance nor inhibit religion. Aid must not excessively entangle the government with religion.

31. Seasonal Displays Lynch v. Donnelly, 1984— allowed the display of a nativity scene along with other nonreligious objects on public land County of Allegheny v. ACLU, 1989—prohibited an exclusively Christian holiday display Pittsburgh v. ACLU, 1989—allowed a multi-faith holiday display Chaplains The Supreme Court ruled in Marsh v. Chamber, 1983 that it was permissible for chaplains to open daily sessions of Congress and State legislatures Other Establishment Clause Cases

32. The Free Exercise Clause Limits • Actions that violate social duties or disrupt social order are not covered under the Free Exercise Clause. • Examples: • Bigamy • Using poisonous snakes during religious ceremonies • Schoolchildren who have not been vaccinated Free Exercise Upheld • The Court has found many government actions to be counter to the Free Exercise Clause. • Examples: • Amish children cannot be forced to go to school after grade 8 • Ministers are allowed to hold elective office • Unemployment benefits cannot be denied to someone who quit their job because of religious beliefs

33. Marie & Gathie Barnett In the face of intense school pressure, two young girls stuck to their beliefs and strengthened religious freedom for all Americans. Ever since they could remember, Marie and Gathie Barnett had refused to take part in the most basic morning ritual of elementary school. Each day, they would stand with the rest of their class and face the flag. But while their classmates recited the Pledge of Allegiance, the Barnetts stood silent. Mostly, teachers in their two-room schoolhouse in rural West Virginia accepted the girls' passive protest without question. If anyone asked, the girls would respond much as Gathie does today. "We were brought up that way, as Jehovah's Witnesses," she says. "We believed that saluting the flag, pledging allegiance to anything like that, was an act of worship. And we wouldn't give our worship to anything except Jehovah."

34. In 1942, when Gathie was 11 and Marie 9, their explanation suddenly didn't suffice. The previous December, Japanese bombers had attacked the U.S. naval base at Pearl Harbor in Hawaii, thrusting the U.S. into World War II. The flag salute turned from a daily ritual to a test of loyalty, one that Gathie and Marie failed. The girls were called out of class by their teachers. "The principal wanted to know why we hadn't been saluting the flag," recalls Gathie. "And we told him why, that it was against our worship. It wasn't that we have anything against the flag. 'Cause we don't. But he said that we would either have to salute the flag or go home. So we went home."

35. They took their case to court, claiming the school was violating their freedom of religion. But their case didn't look hopeful. In 1940, in a case exactly like the Barnetts', the Supreme Court had ruled it was OK for a Pennsylvania school to expel two students for refusing to salute the flag. Religious belief, wrote Justice Felix Frankfurter, "does not relieve the citizen from the discharge of political responsibilities.“ But on June 14, 1943 — Flag Day — the Justices reversed themselves and declared West Virginia's flag-salute law unconstitutional. Justice Robert Jackson wrote the majority opinion. The Bill of Rights was meant to place certain cherished freedoms "beyond the reach of majorities and officials," he wrote. "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.“ Today, Gathie and Marie are both married and have grown children. Their kids, too, were sent to the principal several times for not saluting the flag. But, says Gathie, the schools "knew they couldn't do anything. It was the rule."