THE CONSTITUTION Article 3Judicial Branch Judicial Branch n

THE CONSTITUTION Article 3—Judicial Branch

Judicial Branch n n Articles of Confederation did not provide for courts Article 3 specifically creates only the Supreme Court and gives Congress the power to create lower federal courts, or “inferior courts” “judiciary is beyond comparison the weakest of the three [branches]. . ” --Alexander Hamilton The Federalist No. 78

Foundations n Judiciary Act of 1789 n n n Congress has set up a variety of lower courts States already had courts before Constitution Today, we have two levels of courts--State and Federal---that exist side by side State Courts base their rulings off of state constitutions n Federal Courts base their rulings off of the Constitution n

Foundations n n Article 3 also provides the guidelines of the terms of office and compensation of federal judges Terms n n Federal judges serve a life term on “good behavior” Once they are appointed by the _____ and confirmed by the _____, they can only be removed from office by _______ from the ____ n Pay and Benefits n n 1998—Supreme Court Justices made $167, 900 and the Chief Justice made $175, 400 Other federal judges between $125, 700 and $145, 000

Jurisdiction n Article 3 Section 2 n Federal Courts may try cases involving n Ambassadors or other representatives of foreign governments n Maritime law n Bankruptcy cases n Two or more state governments n Citizens of different states n A state and a citizen of a different state or foreign country n Citizens of the same state claiming lands under grants of different states n U. S. laws and treaties or the interpretation of the Constitution

Jurisdiction n Exclusive Jurisdiction cases are heard by Federal Courts only---not state courts n n These are cases “arising under the Constitution, the laws of the United States, and treaties” Concurrent Jurisdiction—federal and state courts share jurisdiction n If a person commits a crime that violates both state and federal law, the case may go to either state or federal court

Law n Types of Law n Civil n n Criminal n n Deals with the rights and relationships of private citizens Deals with crimes and providing for their punishment Constitutional n Type of law relating to the interpretation of the Constitution

Judicial Review n The power of the courts to establish the constitutionality of national, state, or local acts of government Not in the Constitution n Debate between Jefferson and Hamilton n Jefferson was a ‘strict constructionist’—meaning that judges ought to base their decisions on a narrow interpretation of the language of the Constitution n Hamilton was a ‘loose constructionist’—meaning judges have considerable freedom in interpreting the Constitution n

THE FEDERAL COURT SYSTEM 12 Court of Appeals 94 District Courts Federal Regulatory Agencies Supreme Court of the United States Court of Appeals for the Federal Circuit Tax Court of International Trade Court of Military Appeals Courts of Military Review Claims Court of Veterans Appeals

Federal Judges n Selection Criteria n n n Experience and Background Party Affiliation Political Ideology Race and Gender Senatorial Courtesy “The Court should be the guardian of freedom that does not worry about elections and is not swayed by public opinion polls. ” --Senator Paul Simon (D-ILL), 1992 n Selection Process n President’s Choice n n A rigorous background check Litmus Test Other parties consideration Senate Confirmation

Supreme Court n # of Justices on the Supreme Court = 9 n n The Constitution did not provide any duties for the justices n n n Why is there an odd number of justices? However, over the years many responsibilities have been created out of laws and tradition Each year, Justices must decide which cases to hear, decide on the case itself, explain the decision, and take on occasional additional duties, such as serving on special commissions The Chief Justice has several additional duties n n n presiding over sessions and conferences Writing the majority opinion, if he agrees Supervises the general administration of the federal court system

Supreme Court n n n First Chief Justice---John Jay Who is the current Chief Justice? Who was the last Justice added to the bench? [The Supreme Court should be] “a leader in a vital national seminar that leads to the formulation of values for the American People. ” --Arthur S. Miller, 1992

Checks n Checks on Judicial Power Limited Powers of Enforcement n Congress n President n Public Opinion n