THE JUDICIAL BRANCH Judicial Branch Purpose Interpret the

THE JUDICIAL BRANCH

Judicial Branch Purpose – “Interpret the Laws”

Dual Court System Courts are established on both the state and federal level. Allows a faster process so one area does not become too busy.

The American Legal System Both systems have three tiers: Trial courts (a. k. a. District Courts): litigation begins and courts hear the facts of the case at hand One judge, witnesses, presentation of evidence, jury or judge decides the case Appellate courts (a. k. a. Circuit Courts): decide questions of law, not fact; reviews decisions of lower courts Court of Final Appeals: Supreme Courts

Writ of Certiorari An order from the Supreme Court to review a case from a lower court.

What “circuit” is Michigan in?

Judicial Checks • Checks Over the Executive Branch – Judges appointed for life – can call president’s actions unconstitutional • Checks Over the Legislative Branch – Can declare acts of Congress unconstitutional

Judicial Review • Judicial review is the power of a court to decide if a law or other legal issue disregards the Constitution, and overturn it. • This power is not mentioned in the Constitution. • Judicial review was established by the Marshall Court in Marbury v. Madison (1803). • Marbury's long-term effect has been to allow the Court to have the final say in what the Constitution means.

• The only court specifically created in the Constitution

• Final authority in any case involving the Constitution

Who are Federal Judges? Typically federal judges have: held previous political office such as prosecutor or state court judge political experience such as running a campaign prior judicial experience traditionally been mostly white males been lawyers Term – life with “good behavior”

Federal Selection Process President Dept. of Justice Senators ABA Interest Groups Senate Jud. Comm. Senate

The U. S. Supreme Court Highest court in the land 9 Justices Chief Justice: John Roberts Selects about 100 of the over 7000 cases that are submitted to it each year: chooses cases that involve significant Constitutional questions and are important to the entire country

• The rule of four – four of the nine judges must agree they should hear the case.

Majority Opinion States the decision of at least 5 Supreme Court Justices – this decision sets the precedent.

Precedent A decision by the court paving the way for the future.

Concurring Opinion states reasons why a judge agrees with the decision but for a different reason

Dissenting Opinion The opinion/view of a minority judge(s)

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

Supreme Court Decisions Courts do not have the power to implement their decisions. The executive branch must enforce the Court’s decisions.

How the Justices Vote Legal Factors Judicial Philosophy Judicial Restraint - advocates minimalist roles for judges 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 later cases of a similar nature. Precedents can change over time Ex. Plessy vs. Ferguson and Brown vs. Board of Education Plessy vs. Ferguson Brown vs. Bd. of Ed.

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. “I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life, ” said Judge Sotomayor 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.

Important Civil and Criminal Law Terminology Criminal Law – Laws that regulate public conduct and set out duties owed to society Criminal Case: Court determines whether person accused of breaking law is guilty or innocent Prosecution (government) vs. defendant Standard of Proof: Guilt beyond a reasonable doubt (must not have any doubt that defendant committed crime)

Civil Law – Laws that regulate relationship between individuals/groups of individuals Civil Case: Court settles a disagreement over issues such as contracts, divorce, accidents Plaintiff (individual bringing complaint) vs. defendant Standard of Proof: Preponderance of evidence (more likely than not the plaintiff’s version of case is true)

Current Supreme Court

Justice Breyer – Appointed by President Clinton

Justice Kennedy Appointed by President Reagan

Justice Alito Appointed by President Bush (W)

Justice Roberts – Chief Justice Appointed by President Bush

Justice Ginsburg Appointed by President Clinton

Justice Scalia Appointed by President Reagan

Justice Scalia On The Record, 60 Minutes' Lesley Stahl Interviews The Supreme Court Justice About His Public And Private Life - CBS News

Justice Mayor Appointed by President Obama

Justice Elena Kagan Appointed by President Obama

Justice Thomas Appointed by President George H. W. Bush

Supreme Court Traditions Record of service – 36 Years Justices are seated by seniority – Chief Justice sits in the center; the senior associate justice sits to his right, the second senior to his left, and so on, alternating right and left.

More Traditions Conference Handshake – Justices meet each day to discuss decisions – afterwards they all shake hands with each other. This is a reminder that differences of opinion do not interrupt the overall harmony of purpose

Additional Cases to know Mc. Culloch v. Maryland=Federal Supremecy and “Implied Powers”

Gibbons v. Ogden That a state cannot grant exclusive rights to navigate in its waters, because this is a breach of Congress' right to regulate interstate commerce, as guaranteed by the Constitution. This was the first case ever to go to the Supreme Court under the Commerce Clause of the U. S. Constitution. The case of Gibbons v. Ogden has been called the proclamation of American commerce. " ed "the emancipation The ruling in this case established the importance of commerce between the states, and of any technological advance that might enable commerce between the states

Segregation Plessy v. Ferguson Separate but Equal Brown v. Board of Education : Overturned Plessy v. Ferguson

Roe v. Wade Abortion can be a right based on 14 th Amendment or the 9 th Amendment. 1973