Transcript Gov`t - U 5 Judicial Branch

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, 1000s of them.
Creation of the
National Judiciary (cont.)


Congress can create inferior courts.
There are two kinds of inferior courts:
– Constitutional courts (aka: Regular cts.)



Exercise the judicial power of the U.S.
Hear federal court cases.
Include: The Supreme Court, the Court of Appeals, the
District Courts, the Court of International Trade
– Special Courts (aka: Legislative Courts.)



Created by Congress
Hear only a limited range of specialized cases
Include: Court of Appeals for Armed Forces, Court of
Veterans Appeals, Claims Court, Tax Courts, Courts of
Washington D.C.
Jurisdiction


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 1st 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

Federal courts can hear cases that
deal with the interpretation and
application of a provision of the
Constitution or of any federal statute or
treaty.
– They can also hear cases that arise on
the high seas or in navigable waters of
the United States.
Jurisdiction in the
Federal Courts (cont.)

Federal courts may hear only cases
that involved certain parties.

All cases that do not fall under the
jurisdiction of the federal courts are
within the jurisdiction of the State
courts.
Appointment of Judges

Federal judges are nominated by the
President and confirmed by Senate.
– Review Senatorial Courtesy

Presidents will nominate…
– Someone from their political party
– Someone who shares their legal and political
ideology

Federal judges have come from:
– Leading attorneys, legal scholars, law school
profs., congressional members, & state justices.
Terms and Pay
of Judges

Most federal judges are appointed for life
and may be removed only through the
impeachment process.
– Only 13 ever impeached and 7 removed.

Congress sets the judicial salaries and
benefits.
– Associate Justices of Supreme Ct - $172,770.

Chief Justice will receive about $3,000 more.
– They can retire at 70, if they served 10 years,
and receive full salary for ever!

Or at 65, with 15 years of service.
Court Officers
Each district court has many officials
who assist the district judge.
 These include clerks, bailiffs,
stenographers, magistrates,
bankruptcy judges, United States
attorneys, and federal marshals.

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 and petit juries.
The Court of Appeals




Courts of appeals were created in 1891 as
“gatekeepers” to the Supreme Court.
There are now 12 courts of appeals and 179
circuit judges.
Appellate courts are regional and usually
hear appeals from courts within their
circuits.
They also hear appeals from the United
States Tax Court, the territorial courts, and
from the decisions of federal regulatory
commissions.
Two other
Constitutional Courts

The Court of International Trade
– Has 9 judges who hear civil cases arising out of
tariff and other trade related laws.
– Appeals from the Trade Court go to the Court of
Appeals for the Federal Circuit.

Court of Appeals for the Federal Circuit
– Has 12 judges. It was set up in 1982 to
centralize the appeals process in certain types of
federal cases and in cases from certain lower
and special courts.
The
Supreme
Court
Guess what???
I was wrong…. It happens.
Sorry!
Samuel Alito, Ruth Bader Ginsburg, Stephen Breyer,
Sonia Sotomayor, Anthony Kennedy, John Paul Stevens,
CJ John Roberts, Antonin Scalia, Clarence Thomas
John Roberts
New Chief Justice
Replaced W. Reinquist
Samuel Alito
Newer Justice
Replaced S.d. O’cOnnnOR
Sonia Sotomayor:
Newbie!
John Paul Stevens:
Next to go
Who replaced who???

Sandra Day O’Connor wanted to retire
– They interviewed people:


Liked John Roberts
Then Chief Justice, William Reinquist died
– Needed to replace him quickly, O’Connor said,
that’s fine.

John Roberts confirmed as new Chief
Justice.
– Still need a replacement for O’Connor
Then what happened?

Bush nominated Harriet Myers
– Wouldn’t answer and questions… out!

Samuel Alito becomes the fave!
– His confirmation process… bad…


He was confirmed.
Then… David Souter wants to retire
– Obama searches and suggests

Sonia Sotomayor confirmed
– First Hispanic, third woman

Now… J.P.Stevens wants to go…
Follow the process:
http://roomfordebate.blogs.nytim
es.com/2010/04/28/who-shouldbe-the-next-justice/
How they tend to vote

Conservative
–
–
–
–


Clarence Thomas
Antonin Scalia
Samuel Alito
John Roberts
– Ruth Bader
Ginsberg
– Sonia Sotomayor
– Stephen Breyer
– John Paul Stevens
Swing
– Anthony Kennedy
Liberal/Moderate

So, what might a lot
of the votes be with
this court?
Judicial Review



The power to decide on the constitutionality
of an act of government.
The case of Marbury vs. Madison, (1803)
established this concept.
The Supreme Court has great powers…
– As the ultimate authority on constitutionality
– As the arbiter of disputes between States and
between States and the Federal Gov’t.
Supreme Court’s
Jurisdiction
The Supreme Court has both original
and appellate jurisdiction, but most of
its cases are appeals.
 Today, the Supreme Court has almost
complete control over its own
caseload.

How does a
case get there?

“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.

Special
Courts
Just FYI….
The United States
Claims Court
The United States may be sued only if
it gives its consent.
 The Claims Court hears cases from all
over the county in which there are
claims for damages against the
Federal Government.

The Territorial Courts
Under the Constitution, Congress
created courts for the nation’s
territories.
 The courts operate much like local
courts in the State systems.

The Court of Appeals
for Armed Forces
5 civilian judges appointed
 15 year terms
 This court hears appeals from courtmartial convictions and is usually the
court of last resort for members of the
armed forces.

The Court of
Veterans Appeals
7 judges appointed by President
 Serve 15 year terms
 They hear appeals from veterans who
claim that the Veteran’s Administration
has mishandled their cases.

The United States
Tax Court
19 judges, appointed by President
 12 year terms
 The Tax Court hears only civil cases
involving disputes over the application
of tax laws.
