JUDICIAL BRANCH ARTICLE III ARTICLE III Weakest Branch
JUDICIAL BRANCH
ARTICLE III
ARTICLE III • Weakest Branch in Constitution originally • Supreme Court –Congress – lower courts § Marbury v. Madison (1803) –Necessary and proper clause –JUDICIAL REVIEW!!!!!!!
DUEL COURT SYSTEM
U. S. COURT SYSTEM • U. S. has a dual system of courts: • Federal Courts – handle criminal and civil cases involving federal law or any constitutional issue • State Courts – handle criminal and civil cases involving state law üCriminal Case – Government or state charges an individual with violating one or more laws, i. e. TN v. Preston üCivil Case – Government or state resolves a dispute between two parties i. e. Evans v. Preston
JURISDICTION • Original Jurisdiction (District Court) –First place case heard • Appellate Jurisdiction (11 circuits) –Appealing • Supreme Court has both
U. S. COURTS OF APPEAL CIRCUITS
FEDERAL COURT STRUCTURE • Supreme Court – Created by the Constitution • Federal District Courts - act as federal trial courts • U. S. Court of Appeals –act as federal appeal courts
HOW THE AMERICAN JUDICIAL SYSTEM IS STRUCTURED
HOW TO BE A JUDGE
JUDICIAL SELECTION • No formal qualifications • Federal judges serve “during good behavior”, which generally means for life • Only removed by impeachment – 12 federal judges impeached – 7 found guilty and removed
JUDICIAL SELECTION: • President has little to do with choosing lower courts –D of Justice & staff – too many • Senatorial Courtesy: senators of president’s party to approve or disapprove nominees from their state • President focuses on SC justices – importance –Party affiliation , Demographics, Judicial experience, Acceptability
SUPREME COURT
THE SUPREME COURT AT WORK • How does the Supreme Court accept a case to review? • Chosen for precedents setting • Rule of four (4/9 agree) • Writ of Certiorari – lower courts send up to review
WRITING OPINIONS 3 Types of Opinions (ruling): 1. ) Majority Opinion – winner – Precedents - Standards or guides to be followed in deciding similar cases in the future (Brown) 2. ) Concurring Opinion –agrees with the majority opinion for a different reason 3. ) Dissenting Opinion – loser
JUDICIAL PHILOSOPHY 1. ) Judicial Activism – actively participation in interpretation 2. ) Judicial Restraint – only looking for violations of Constitution
U. S. SUPREME COURT TODAY • Chief Justice John Roberts, Jr. • Associate Justices: • ANTHONY M. KENNEDY • CLARENCE THOMAS • RUTH BADER GINSBURG • STEPHEN G. BREYER • SAMUEL A. ALITO, JR. • SONIA SOTOMAYOR • ELENA KAGAN • Vacancy**
THE JUSTICES OF THE SUPREME COURT
- Slides: 20