Unit Five The Judicial Branch Articles of Confederation

Unit Five The Judicial Branch

Articles of Confederation 1781 -1789 This had no national courts. The states all interpreted laws. US realized they needed a national ct. Alexander Hamilton said, – “Laws are dead letters without courts to expound and define their true meaning and operation. ”

The Creation of the National Judiciary Article Three – “The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. ” Two separate court systems in the US – National system of courts Span the country, more than 100 of them. – Each of 50 States have their own court system. These hear most cases in the country, 1000 s of them.

Jurisdiction is the authority of a ct. to hear & decide a case; the power “to say the law. ” Exclusive Jurisdiction – Cases heard only in federal courts. Concurrent Jurisdiction – A case that can be heard in state/federal court. Original Jurisdiction – A court hears a case for the 1 st time at trial level. Appellate Jurisdiction – A court that hears a case on appeal from a lower court has this, and can overrule an original.

Jurisdiction in the Federal Courts If it deals with: – Interpreting the Constitution – Interpreting a treaty – A case on the high seas/navigable waters – An ambassador or certain parties – Conflicts between states

Appointment of Judges Federal judges are nominated by the President and confirmed by Senate. – Review Senatorial Courtesy Presidents will nominate… – Same political party or political leanings Federal judges have come from: – Leading attorneys, legal scholars, law school profs. , congressional members, & state justices.

Terms and Pay of Judges Appointed for life, removed through impeachment Congress sets the judicial salaries and benefits. – Associate Justices of Supreme Ct - $213, 900. Chief Justice will receive about $223, 500. They can retire at 70, if they served 10 years, and receive full salary for ever! – Or at 65, with 15 years of service.

The District Courts 632 district judges hear 80% of the federal caseload. There are 12 circuits in the US. – States are divided up into these. (AL, GA, FL in circuit 11) Each state forms at least one judicial district, and two judges are assigned to each district. District courts have original jurisdiction over most of the cases heard in the federal courts. – District courts hear both civil and criminal cases. – District courts use both grand petit juries.

The Court of Appeals “Gatekeepers” for Supreme Court, 1891 12 courts of appeals – 179 circuit judges. Appellate courts are regional and usually hear appeals from courts within their circuits.

The Supreme Court

Sonia Sotomayor, Stephen Breyer, Samuel Alito, Elena Kagan Clarence Thomas, Antonin Scalia, John Roberts, Anthony Kennedy & Ruth Bader Ginsburg

John Roberts Chief Justice Replaced W. Re. Hnquist (Bush 2) Samuel Alito Newer Justice Replaced S. D. O’Connnor Sonia Sotomayor replaced David Souter (Obama) Elena Kagan replaced John Paul Stevens (Obama)

How it works David Souter wants to retire – Obama searches and suggests Sonia Sotomayor – Senate confirmed – First Hispanic, third woman Then John Paul Stevens wanted to retire at the ripe ole age of 90 – Obama nominated Elena Kagan – Senate confirmed – Fourth woman

How they tend to vote Conservative – – Clarence Thomas Antonin Scalia Samuel Alito John Roberts – Ruth Bader Ginsberg – Sonia Sotomayor – Stephen Breyer – Elena Kagan Swing – Anthony Kennedy Liberal/Moderate So, what might a lot of the votes be with this court?

How involved are they? Judicial activism: – Involved in the cases – Speaking openly about the content matter – Holy opinionated Judicial restraint – Do not get personally involved – Choose to not share opinion outwardly

Judicial Review The power to decide on the constitutionality of an act of government. The case of Marbury vs. Madison, (1803) established this concept. – What part of gov’t determines constitutionality? The Supreme Court has great powers… – As the ultimate authority on constitutionality – As the arbiter of disputes between States and the Federal Gov’t.

How does a case get there? Have almost complete control of case load “The Rule of Four” – At least four judges must agree that the Court should hear a case before that case is selected for the Court’s docket. Writ of Certiorari – How most cases reach the court. – An order to a lower court to send up the record in a given case. By Certificate – When appellate cts, State supreme cts, or others request a ruling on a particular point of law.

The S. Court at work! Oral Arguments – Lawyers speak to the justices, emphasizing the major points they made in their written briefs. Briefs – Written documents supporting one side of a case, submitted before oral arguments are held. Solicitor General – Represents the US before the S. Ct. in all cases to which it is a party. The Conference – The justices meet in secret session to discuss in depth and vote on the cases they have heard.

Opinions Justices of the S. Ct. always write the Opinion of the Courts. Concurring Opinions Dissenting Opinions Plurality Opinions Majority Opinion All opinions may have an influence on subsequent rulings.

Little more about the court systems… What has Law and Order taught you about crime? Pass out handout.

Think about it… What is crime? What causes crime? How can crime affect a victim, the criminal and society? What are various types of crime? What are some defenses used by perpetrators? What are the steps to the justice process following arrest? What are the due process rights? What is a civil case? What are some of the sentences a convicted person can receive?

Supreme Court Cases Brown v. Board, ’ 54 – Integrated schools – Amendments? Wallace v. Jafree, ’ 85 – Moment of silence California v. Greenwood, ’ 88 – Evidence in trash Roe v. Wade, ’ 73 – Abortion Bethel v. Fraser, ’ 86 – Student rights Wisconsin v. Yoder, ’ 72 – Religion & state compulsory ed laws Texas v. Johnson, ’ 89 – Burning the flag Oregon v. Mitchell, ’ 05 – Physician Assisted Suicide