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UNIT 4

The Judicial Branch

The Supreme Court and the Federal Court System

The Judicial branch

• Article III of the Constitution creates the judicial branch.

• The Supreme Court is the highest court is the U. S., and is the system of courts to settle questions about the laws.

• The nine justices can serve for as long as they live, or wish to retire.

• Each justice is chosen by the president and must be approved by the Senate

SUPREME COURT• The Constitution does not

set any qualifications for service as a justice, the President may nominate anyone to serve. However, that person must receive Senate confirmation.

• Salary for Supreme Court Justices is $213,900 and the Chief Justice $223,500

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Federal Court JurisdictionFederal Court Jurisdiction

A court’s jurisdiction is its authority to hear cases -- • types of cases (criminal? civil?) • regional cases (local? state? national?)

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Federal Court JurisdictionFederal Court Jurisdiction

“Federal questions” -- all cases that involve laws passed by Congress or treaties -- these “federal questions” must be heard in federal court

Types of federal cases

FEDERAL LAWS and

TREATIES

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Federal Court JurisdictionFederal Court Jurisdiction

Types of federal cases

admiralty law / maritime law cases that involve navigation, shipping, commerce on high seas & Great Lakes

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Federal Court JurisdictionFederal Court Jurisdiction

The Eleventh Amendment

state governments cannot be sued by a non-resident in federal court (all such lawsuits must take place in state courts)

Eleventh

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Federal Court JurisdictionFederal Court Jurisdiction

Federal and state jurisdiction

Federal gov’t has exclusive jurisdiction over cases involving • national laws • federal gov’t itself • other govts

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Federal Court JurisdictionFederal Court Jurisdiction

Federal and state jurisdiction

Concurrent jurisdiction -- when cases can be decided in either federal or state courts, such as... • robbing a federally-insured bank

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Federal Court JurisdictionFederal Court Jurisdiction

Other questions of jurisdiction

Original jurisdiction -- when courts have the authority to hear and decide cases for the first time

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Federal Court JurisdictionFederal Court Jurisdiction

Other questions of jurisdiction

Appellate jurisdiction -- the authority to hear appeals from lower courts. These courts may… • uphold the original decision • reverse or modify the decision • send case back for re-trial

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Supreme Court’s power of JUDICIAL REVIEW -- to judge whether acts of other two branches of gov’t are constitutional -- began with 1803 case, Marbury v. Madison

Other questions of jurisdiction

Federal Court JurisdictionFederal Court Jurisdiction

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Territorial courtslike federal district (trial) courts, located in US territories -- Virgin Islands, Northern Mariana Islands, Guam

Special CourtsSpecial Courts

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District of Columbia courtsset up by Congress -- • federal trial courts • Court of Appeals (federal Circuit Court)

Special CourtsSpecial Courts

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Special CourtsSpecial Courts

Court of International TradeDeal$ with civil $uit$ involving foreign bu$ine$$ dealing$ Example$: • unfair practice$ by international bu$ine$$e$ • di$pute$ over tariff$

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Special CourtsSpecial Courts

US Claims Court

Sovereign immunity -- any sovereign nation cannot be sued -- with these exceptions: • public officials can be sued • Congress can decide the gov’t will allow itself to be sued in US Claims Court

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Special CourtsSpecial Courts US Tax Court

handles disputes between taxpayers and the Internal Revenue Service

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Special CourtsSpecial Courts

Special appeals courts

deals with... • patent and copyright disputes • appeals from Court of Internat. Trade and the US Claims Court • rulings made by executive agencies

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Special CourtsSpecial Courts

Court of Military Appeals

deals with rulings from military courts martial -- trials of members of the US military accused of violating military laws.

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Constitutional ProvisionsConstitutional ProvisionsImpeachmentFederal judges can be removed • House impeaches (charges with treason, bribery, “high crimes or misdemeanors”) • “Jury” of Senators convicts or acquits (2/3 vote)

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Selecting Federal JudgesSelecting Federal Judges

Interest groups

They try to influence appointments, especially to the U.S. Supreme Court

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Selecting Federal JudgesSelecting Federal Judges

Interest groups

Example -- NAACP fought successfully against Nixon’s nomination of G. Harold Carswell for Supreme Court on grounds of his anti-civil rights record

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Example -- American Civil Liberties Union unsuccessfully opposed Nixon’s nomination of William Rehnquist for his anti-civil rights activities

Selecting Federal JudgesSelecting Federal Judges

Interest groups

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Three kinds of written opinions - 1) Majority opinion -- presents view of justices who supported a decision

Written opinionsThe Supreme Court in ActionThe Supreme Court in Action

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The Supreme Court in ActionThe Supreme Court in Action

Written opinionsKinds of written opinions - 2) Concurring opinion -- supports the majority decision but offers different reasons for reaching that decision

…..YES, BUT LET ME EXPLAIN WHY…..

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The Supreme Court in ActionThe Supreme Court in Action

Written opinions

Three kinds of written opinions - 3) Dissenting (Minority) opinion - disagrees with the majority, but often indicates important point of view

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Judicial PhilosophiesJudicial Philosophies

Judicial restraint -- judicial decisions should not contradict wishes of elected members of gov’t (President & Congress) unless their actions clearly violate the Constitution.

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Judicial PhilosophiesJudicial Philosophies

Judicial activism -- justices should take an active role in making policy, even if it means going beyond the actions of elected branches of gov’t.

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Judicial PhilosophiesJudicial PhilosophiesExamples of judicial activismby the “liberal” “Warren Court” Brown v. Board of Education decision in 1954 • Miranda v. Arizona, 1966

IMPORTANT SUPREME IMPORTANT SUPREME COURT DECISIONSCOURT DECISIONS

Marbury v. Madison (1803)Formed the basis of the principle of judicial review. Marbury was Justice of the Peace in D.C. appointed by John Adams shortly before he left office but he never received his commission (papers granting him the office). When Jefferson took office he told new secretary of state, James Madison, to withhold Marbury’s and some other men’s commissions. Marbury sent a petition to Supreme Court to get them to force Madison to deliver the petitions. Supreme Court denied his petition holding that the basis of his claim was unconstitutional because Madison was doing his job.

Marbury v. Madison (1803)

This conflict raised the important question of what happens when an Act of Congress conflicts with the Constitution. Marshall (Supreme Court Justice) answered that Acts of Congress that conflict with the Constitution are not law and the Courts are bound instead to follow the Constitution.

Marbury v. Madison (1803)

Dred Scott v. Sanford (1857)

Scott was a slave who traveled with his master (Emerson) in the free states of Illinois and Minnesota. Emerson then moved to Louisiana and sent for Scott and his wife. Emerson died and Scott tried to purchase his freedom from Emerson’s wife (Irene Sanford) but she refused.

Dred Scott v. Sanford (1857)

Scott sued for his freedom. Supreme Court ruled that Scott was a slave so he therefore was not a citizen and he could not sue in court and that slaves as property could not be taken away without due process of law.

Plessy v. Ferguson Plessy v. Ferguson

► After Reconstruction, After Reconstruction, the Southern states the Southern states passed Jim Crow laws.passed Jim Crow laws.

► In Louisiana, they In Louisiana, they passed Act 111 which passed Act 111 which said blacks and whites said blacks and whites had to placed in had to placed in separate railway cars. separate railway cars.

► In 1896, Plessy In 1896, Plessy boarded a railway car boarded a railway car for whites. He refused for whites. He refused to leave and was to leave and was arrested.arrested.

Plessy v. FergusonPlessy v. Ferguson

► Plessy sued the state Plessy sued the state court judge court judge (Ferguson) and (Ferguson) and eventually it reached eventually it reached the Supreme Court. the Supreme Court.

► The Supreme Court The Supreme Court ruled that this was ruled that this was not a violation of the not a violation of the 1414thth amendment and amendment and that separate that separate facilities were fine as facilities were fine as long as they were long as they were equal (separate but equal (separate but equal).equal).

Brown v. Board of Education (1954)

Plaintiffs argued that African Americans civil rights were being violated with separate facilities.

The Court's unanimous

(9-0) decision stated that "separate educational facilities are inherently unequal." As a result, de jure racial segregation was ruled a violation of the 14th Amendment.

Gideon v. Wainwright (1963)

In 1961, Gideon had been charged with burglary for breaking into a pool hall and taking beer, wine, and change from a vending machine. The court said that since it wasn’t a capital offense, he could receive counsel. He acted as his own counsel and was found guilty.

Gideon v. Wainwright (1963)

Gideon wrote to Supreme Court saying his 6th amendment was violated.

The Supreme Court ruled that that no one, regardless of wealth, education or class, should be charged with a crime and then be forced to face his accusers in court without the guidance of counsel.

Supreme Court ruled that state courts are required under the 6th Amendment to provide counsel in criminal cases for defendants unable to afford their own attorneys.

Miranda v. Arizona (1966) In 1963, Ernesto Arturo Miranda was arrested for

rape. He later confessed to robbery and attempted rape under interrogation by police. At trial, prosecutors offered not only his confession as evidence but also the victim's positive identification of Miranda as her assailant. Miranda was convicted of rape and kidnapping and sentenced to 20 to 30 years imprisonment on each charge. Miranda's court-appointed lawyer, Alvin Moore, appealed to the Arizona Supreme Court which affirmed the trial court's decision. In affirming, the Arizona Supreme Court emphasized heavily the fact that Miranda did not specifically request counsel.

Miranda v. Arizona (1966) Supreme Court ruled that no

confession could be admissible under the 5th Amendment self-incrimination clause and 6th Amendment right to an attorney unless a suspect had been made aware of his rights and the suspect had then waived them. Thus, Miranda's conviction was overturned.

The Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

TinkerTinker v. v. Des MoinesDes Moines (1969) (1969)

John and Mary Beth John and Mary Beth Tinker attended public Tinker attended public school in Des Moines, school in Des Moines, Iowa in 1965. Their Iowa in 1965. Their school did not allow school did not allow students to wear students to wear armbands to protest the armbands to protest the Vietnam War. The Vietnam War. The Tinkers decided to wear Tinkers decided to wear armbands to school armbands to school anyway. The school anyway. The school officials asked the Tinkers officials asked the Tinkers to remove their to remove their armbands, but the armbands, but the Tinkers refused. John and Tinkers refused. John and Mary Beth Tinker were Mary Beth Tinker were suspended from school suspended from school until they agreed to until they agreed to remove the armbands. remove the armbands. The Tinkers sued the The Tinkers sued the school district in the U.S. school district in the U.S. District Court.District Court.

TinkerTinker v. v. Des MoinesDes Moines (1969) (1969)

The Court ruled the First The Court ruled the First Amendment applied to Amendment applied to public schoolspublic schools, and that , and that administrators would have administrators would have to demonstrate to demonstrate constitutionally valid constitutionally valid reasons for any specific reasons for any specific regulation of speech in the regulation of speech in the classroom classroom and that their and that their actions did not cause actions did not cause disruption.disruption. Said that their Said that their activity represented activity represented constitutionally protected constitutionally protected symbolic speech.symbolic speech.

Roe v. Wade (1973) Jane Roe (not her real name) was unmarried and

pregnant and lived in Texas.  She wanted to have an abortion, but according to Texas law she could not have an abortion unless her life was in danger.  Roe challenged the law by suing Wade, the district attorney where she lived. 

Roe argued that she had a right to privacy and should be able to decide whether to have an abortion or not.  She argued that the right to privacy comes from combining several other rights listed in the Bill of Rights.  The state argued that “the right to life of the unborn child is superior to the right to privacy of the mother.”  The state also argued that this is a topic that should be left to the legislatures to decide how to handle.

Roe v. Wade (1973) Supreme Court ruled that

abortion is a fundamental right under the United States Constitution.

The Court ruled that the state cannot restrict a woman's right to an abortion during the first trimester, the state can regulate the abortion procedure during the second trimester "in ways that are reasonably related to maternal health", and the state can choose to restrict abortion as it sees fit during the third trimester when the fetus is viable ("except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother").

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