A question before we start

“The judiciary . . . Has no influence over either the sword or the purse; . . . It may truly be said to have neither FORCE nor WILL, but merely judgment.”

-Alexander Hamilton, The Federalist No.78

What is Hamilton saying about the function of the judicial branch? What does he imply are NOT functions of the judicial branch?

The Federal Court System

Why do we have a Supreme Court?

Under the Articles of Confederation there were no national courts.

The laws were interpreted and applied as each state saw fit and decisions by one State court were ignored by the other States.

Why a Supreme Court?

Article III, Section 1 “The Judicial Power of the US shall be

vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish”1

There are TWO separate court systems in the U.S.

1. Federal Court System - more than 100 courts. 2. The 50 states with all of their levels of

courts--- majority of cases are heard here.

The Constitution created the Supreme Court and left Congress to create the inferior courts (lower courts).

Congress has created 2 types of federal courts:

1. Constitutional Courts----the federal courts that Congress formed under Article III to exercise the judicial power of the United States.

a. US Courts of Appealsb. District Courtsc. US Court of International Traded. US Court of Appeals for the Federal

Circuit

2. Special Courts---created to hear cases arising out of some of the expressed powers given to Congress---they hear fewer cases.

1. Court of Federal Claims—US government can’t be sued unless Congress says it can.

2. Territorial Courts---regarding the nations we control—Virgin islands, Guam

3. District of Columbia Courts---just for cases within the capital itself.

4. Court of Appeals for Armed Forces---hears cases involving offenses against military law.

5. Court of Appeals for Veterans Claims---hears claims involving a denied or mishandled Veteran’s benefits

6. US Tax Court---hears civil cases involving disputes over the application of tax laws.

Types of Courts ActivityPage 312-316

Supreme court

Constitutional Courts

Special/ Legislative Courts

How do the courts know who gets to hear each case?

JURISDICTION

Jurisdiction is the authority of a court to hear (to try/to decide) a case. It literally means to say the law.

Constitution gives the federal courts jurisdiction over certain cases because of:

1. The subject matter2. The parties involved

There are 4 different types of jurisdiction

1. Exclusive---those cases can be heard only in the federal courts.

Ex: involving an official of a foreign government.

2. Concurrent---the power is shared between states and federal courts.

Ex: involving citizens of different states

There are 4 different types of jurisdiction

3. Original---a case is first heard in that court.

4. Appellate---a court that hears a case on appeal from a lower court. This “higher” court may uphold, overrule, or modify the decision of the lower court.

How are judges chosen?

The Constitution declared that the President “shall nominate and by and with the advice and consent of the Senate, appoint judges of the supreme Court.” Art. II Sec. II

The Senate approves other federal judges also.

The Senate has a major part in the selection of all federal judges.

Where are judges found?

Judges are drawn from ranks of a. leading attorneysb. legal scholarsc. law school professorsd. former members of Congresse. State court judges

How does the President choose a Supreme Court Justice?

The President knows they could serve for decades, so they choose someone who is from their political party and has similar views.

Senators from the state the judge is chosen also play major roles in the selection.

How long do the judges serve and how much do they get paid?

Judges of the constitutional courts are appointed for life---until they resign, retire, or die in office.

They may only be removed through impeachment. (14 have been impeached—8 of those actually removed)

At age 70, if the judge serves for 10 years, they will receive full salary for the rest of their lives or at age 65 with 15 years of service. (From $199,100-255,500)

as of 2014

Section 2---Inferior Courts

Have you ever heard of one player who is called the “workhorse” of the team? What does this mean?

We are going to talk about the “workhorse” of the federal courts—the inferior courts.

District Courts

There are 94 district courts. These are the federal trial courts—with 632 judges that handle around 300,000 cases a year. 80% of the entire federal caseload.

District Courts

The district courts hear a wide range of criminal and civil cases.

A. Criminal cases---a federal crime was broken---ex: bank robbery and mail fraud

B. Civil cases---non-criminal matter---ex: contract dispute, bankruptcy

Court of AppealsThey were created to relieve the Supreme Court

of the burden of hearing appeals from the district courts. (There were so many that the Supreme Court was 3 years behind.)

There are 12 judicial circuits, including the District of Columbia.

Altogether 179 circuit judges sit in the court of Appeals. A justice of the Supreme Court is also assigned to each district.

Ex: 11th circuit---covers AL, GA, FL---12 judges—they hold sessions in a number of cities within the circuit. In each case you normally have a panel of 3 judges who hear each case.

Court of Appeals

Only hear cases on appeal from the lower federal courts, most appeals come from the district courts within their circuits.

Handle more than 55,000 cases a year and their decisions are final, unless the Supreme Court decides to hear a case.

18.3 Supreme Court

Judicial ReviewSupreme Courts’ way of checking the

other branches---making sure each branch is working in regards to the power the Constitution gives it.

The Supreme Court is the final stop on the meaning of the Constitution.

How did the Sup. Ct get the power of Judicial Review?Marbury vs. Madison

Jurisdiction of the Supreme Court1. Original---those to which a state is a

party and those affecting ambassadors, public ministers, and consuls.

2. Appellate---most of the cases, which come from the lower courts.

How do cases reach the Supreme Court?

There are 8,000 cases that are appealed to the Supreme Court each year. Of these the court only hears around 150 each year.

If they deny to hear a case it is because the justices believe in the lower courts decision or that the case has no significant point of law.

How do they choose the cases they hear?

By the rule of 4---at least of 4 of the 9 justices must agree that a case should be put on the Court’s docket (list of cases)

More than half of the 150 cases decided are sent back down to the lower courts to reconsider due to new related cases decided by the Sup. Ct.

If a case reaches the Supreme Court it is by the writ of certiorari (to be made more certain) or certificate.

The writ is an order by the Court directing the lower court to send up the case for review.

The certificate is due to lower courts not being clear on the procedure or rule of law on a case.

Operation of the Supreme Court

They are in session from October until mid June.

About a third of the Court’s decisions are unanimous, leaving two-thirds to be divided. Keep in mind, these are the most difficult cases, otherwise the lower courts would have handled them.

Opinions of the Supreme Court

The court’s opinion is called the Majority Opinion---it announces the court’s decision and sets out the reasoning on which it is based.

These opinions are important and stand as precedents----examples to be followed in similar cases as they arise in the lower courts.

Dissenting Opinions ---written by justices who do not agree with the court’s majority decision.

Keep in mind the minority or dissenting opinion today could become the majority opinion of tomorrow.

Who are the Supreme Court Justices?

Back row (left to right): Sonia Sotomayor, Stephen G. Breyer,Samuel A. Alito, and Elena Kagan. Front row (left to right):Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg

John G. Roberts - Chief Justice of the United StatesAppointed by: President George W. BushAppointed in: 2005Age When Appointed: 50

Elena KaganAppointed by: President ObamaAppointed in: 2010Age When Appointed: 50

Antonin ScaliaAppointed by: President ReaganAppointed in: 1986Age When Appointed: 50

Anthony KennedyAppointed by: President ReaganAppointed in: 1988Age When Appointed: 52

Clarence ThomasAppointed by: President George H. W. BushAppointed in: 1991Age When Appointed: 43

Samuel A. Alito, Jr.Appointed by: President George W. BushAppointed in: 2006Age When Appointed: 55

Ruth Bader GinsburgAppointed by: President ClintonAppointed in: 1993Age When Appointed: 60

Stephen BreyerAppointed by: President ClintonAppointed in: 1994Age When Appointed: 56

Sonia SotomayorAppointed by: President ObamaAppointed in: 2009Age When Appointed: 55

Current (2009) salary for the Chief Justice is $255,500 per year, while the Associate Justices each make $244,400.

Civil Liberties

Section 1---Due Process of LawDue Process is seen in the following:

1. 5th Amendment---Federal Government cannot deprive any person of “life, liberty, or property” without due process.

2. 14th Amendment---The states and the local government cannot deprive any person of “life liberty, or property” without due process.

Due process says that in whatever it does, government must act fairly and in accord with established rules. It may not act unfairly or unreasonably.

Sec. 1 Court Cases

Rochin v. California—1952

Griswold v. Connecticut – 1965

Roe v. Wade – 1973

Section 2---Freedom and Security of the Person

13th Amendment—no slavery or involuntary servitude.

4th Amendment---Police officers have no general right to search for evidence or to seize either evidence or persons, except if have a warrant and it must be obtained with probable cause.

Plessy v. Ferguson - 1896

Brown v. Board of Education - 1954

Mapp v. Ohio – 1961

Veronia v. Acton - 1995

Section 3—Rights of the Accused

Writ of Habeas Corpus –

Bill of Attainder –

Ex post facto law –

Grand jury –

Double Jeopardy –

Barker v. Wingo – 1972

Gideon v. Wainwright - 1963

Miranda vs. Arizona 1966

The Supreme Court then heard the case and overturned it due to the fact that suspects had not been told of their constitutional rights before police questioning.

Section 4--PunishmentWhat about those people are found guilty and

punished? How should they be treated? The Constitution lays it out in the 8th Amendment.—No excessive bail, no cruel and unusual punishment.

Preventative Detention

Capital Punishment

Treason