The Federal Court SystemThe Federal Court System

Chapter 11Chapter 11

JournalJournal

Suppose a brand new, bright red Suppose a brand new, bright red sports car is stolen in Chicago. Two sports car is stolen in Chicago. Two days later, the driver (we’ll call him days later, the driver (we’ll call him Joe), is stopped for speeding in Joe), is stopped for speeding in Atlanta. Where, now, will he be tried Atlanta. Where, now, will he be tried for car theft? Why do you think this?for car theft? Why do you think this?

What the Constitution saysWhat the Constitution says

““The Judicial Power of The Judicial Power of the United States the United States shall be vested in shall be vested in one Supreme Court, one Supreme Court, and in such inferior and in such inferior courts as the courts as the Congress may from Congress may from time to time ordain time to time ordain and establish”and establish”

CONSTITUTIONAL CONSTITUTIONAL AUTHORITYAUTHORITY

Article III, Sect. 1-3Article III, Sect. 1-3 1. Terms, behavior 1. Terms, behavior

and salariesand salaries Sets ups Supreme Sets ups Supreme

Court and lesser courtsCourt and lesser courts 2. Supreme power in 2. Supreme power in

in cases of law, hears in cases of law, hears cases involving cases involving ambassadors and ambassadors and foreign dignitariesforeign dignitaries

3. Treason, levying 3. Treason, levying war against the U.S. or war against the U.S. or assisting enemies assisting enemies (congress decides (congress decides punishment)punishment)

Adjudicates interstate Adjudicates interstate casescases

Adjudicates maritime Adjudicates maritime issuesissues

Chief Justice presides Chief Justice presides over impeachment over impeachment casescases

Sets up rules for lower Sets up rules for lower courtscourts

Note: tries very few Note: tries very few cases.cases.

Important NoteImportant Note

We have a dual Court system!We have a dual Court system! We have the national judiciary with We have the national judiciary with

more than 100 courts across the more than 100 courts across the country.country.

Also, each of the 50 States have their Also, each of the 50 States have their own system of courts. State courts own system of courts. State courts hear most of the cases in this hear most of the cases in this country.country.

* Ask yourself how this connects to federalism!

Two Kinds of Federal CourtsTwo Kinds of Federal Courts

Congress has created two types of federal courts:Congress has created two types of federal courts:

1.1. Constitutional Constitutional Courts: Courts: exercise broad exercise broad judicial powerjudicial power

2. Special Courts: 2. Special Courts: have a narrow have a narrow range of issues range of issues they hear cases they hear cases on Ex: Court of on Ex: Court of Military Appeals, Military Appeals, Claims Court, Claims Court, Tax CourtTax Court

Comparing Court SystemsComparing Court SystemsFederal Court SystemFederal Court System

U.S. Supreme CourtU.S. Supreme Court (hears 80-90 cases)(hears 80-90 cases)

U.S. Courts of U.S. Courts of AppealsAppeals

(13 courts handling 40,410 (13 courts handling 40,410 cases)cases)

U.S. District CourtsU.S. District Courts(94 courts handling 290,167 (94 courts handling 290,167

cases)cases)

State Court SystemState Court System

Highest State CourtsHighest State Courts(50 courts handling 95,000 (50 courts handling 95,000

cases)cases)

State Intermediate State Intermediate Appellate CourtsAppellate Courts

(found in ½ the states)(found in ½ the states)(handling 300,000 cases)(handling 300,000 cases)

State Trial CourtsState Trial Courts(92 million filings)(92 million filings)

FIGURIN’ IT OUT..FIGURIN’ IT OUT..

Constitutions Constitutions (federal and states)(federal and states)

Statutory lawStatutory law

English Common English Common LawLaw

THE RULE OF LAWTHE RULE OF LAW

The principle The principle that laws must that laws must be publicized, be publicized, non-arbitrary, non-arbitrary, and uniformly and uniformly applied; no applied; no citizen is above citizen is above the law.the law.

THE RULE OF LAWTHE RULE OF LAW Courts-3Courts-3rdrd party referees party referees

Common law (English)-Common law (English)-legal rules created by legal rules created by judges judges

Precedent-laws Precedent-laws previously established or previously established or interpreted (stare interpreted (stare decisis, let the decision decisis, let the decision stand)stand)

Constitutional law-set Constitutional law-set forth by the founders and forth by the founders and judicial branch judicial branch interpretation/decisionsinterpretation/decisions

THE RULE OF LAW con’t.THE RULE OF LAW con’t.

Statutory law-a law passed by a state or Statutory law-a law passed by a state or federal governing bodyfederal governing body

Civil law-laws regarding interaction Civil law-laws regarding interaction between individuals, developed by between individuals, developed by ruling bodies such as legislatures ruling bodies such as legislatures (marriage, contracts, injuries etc). (marriage, contracts, injuries etc). Violations are “torts”.Violations are “torts”.

Criminal law-violations against a code Criminal law-violations against a code inflicting harm on individuals or societyinflicting harm on individuals or society

Administrative law-developed by the Administrative law-developed by the bureaucracy (regulations)bureaucracy (regulations)

Executive order-issued by president to Executive order-issued by president to clarify legislationclarify legislation

AND….AND….

Substantive law-relates to what we Substantive law-relates to what we can and can’t do can and can’t do

Procedural law-how laws are applied Procedural law-how laws are applied and how legal proceedings are and how legal proceedings are facilitated facilitated

Procedural due process-protections Procedural due process-protections that must be enforced to protect the that must be enforced to protect the accusedaccused

IT’S FUNCTIONSIT’S FUNCTIONS

Laws provide security for our well Laws provide security for our well being and possessionsbeing and possessions

Laws provide predictability (knowing Laws provide predictability (knowing and understanding the law)and understanding the law)

Laws provide conflict resolutionLaws provide conflict resolution Laws reinforce societal valuesLaws reinforce societal values Laws extend protections and benefits Laws extend protections and benefits

JurisdictionJurisdiction

the authority of a court to hear and decide a the authority of a court to hear and decide a casecase

Constitution gives the federal Constitution gives the federal courts jurisdiction based on 1) courts jurisdiction based on 1) subject matter or 2) the parties subject matter or 2) the parties involved in the case.involved in the case.

Subject MatterSubject Matter

1.1. The interpretation The interpretation and application of and application of the Constitution the Constitution or in any federal or in any federal law or treatylaw or treaty

2.2. Matters relating to Matters relating to the high seas or the high seas or navigable watersnavigable waters

WHAT MAKES IT WHAT MAKES IT A FEDERAL CASE?A FEDERAL CASE?

If it involves the U.S. GovernmentIf it involves the U.S. Government If the amount at stake is more than $50,000If the amount at stake is more than $50,000 If it involves more than one stateIf it involves more than one state If it involves a dispute on the waters If it involves a dispute on the waters

surrounding the countrysurrounding the country If it involves a citizen of another countryIf it involves a citizen of another country

In these cases Federal Courts provide a In these cases Federal Courts provide a more neutral setting for resolving those more neutral setting for resolving those differences.differences.

PartiesParties1.1. The United States or one The United States or one

of its officers or agenciesof its officers or agencies2.2. An ambassador, consul or An ambassador, consul or

other official other official representative of a foreign representative of a foreign governmentgovernment

3.3. A State suing another A State suing another State, or a citizen of State, or a citizen of another State, or a foreign another State, or a foreign government or one of its government or one of its subjects.subjects.

4.4. A citizen on one State A citizen on one State suing a citizen of another suing a citizen of another State or a foreign State or a foreign governmentgovernment

* 11* 11thth Amendment Amendment

Types of JurisdictionTypes of Jurisdiction Exclusive Jurisdiction: those cases can be Exclusive Jurisdiction: those cases can be

heard only in federal courts- involving an heard only in federal courts- involving an ambassador, person charged with a federal ambassador, person charged with a federal crime, involving the infringement of a patent crime, involving the infringement of a patent or copyright, or a case involving any other or copyright, or a case involving any other matter arising out of an act of Congress.matter arising out of an act of Congress.

Concurrent Jurisdiction: cases that can be Concurrent Jurisdiction: cases that can be heard in state or federal court- involving heard in state or federal court- involving citizens of different statescitizens of different states

Original Jurisdiction- where a case is first heard Original Jurisdiction- where a case is first heard (district courts and S.C.)(district courts and S.C.)

Appellate Jurisdiction- where a court hears a Appellate Jurisdiction- where a court hears a case on appeal (appellate courts and the S.C.)case on appeal (appellate courts and the S.C.)

CASE GROWTHCASE GROWTH

1941-42: 1,302 1941-42: 1,302 petitions to the petitions to the Supreme CourtSupreme Court

1999-2000: 7,377 1999-2000: 7,377 petitions to the petitions to the Supreme CourtSupreme Court

CASES, CASES, CASES CASES, CASES, CASES

7,000 Petitions per 7,000 Petitions per yearyear

80-100 heard80-100 heard

1,200 other 1,200 other applications handled applications handled by individual justicesby individual justices

Court will not hear Court will not hear hypothetical caseshypothetical cases

EXPANDED POWERSEXPANDED POWERS 1803 Marbury v 1803 Marbury v

Madison decision by Madison decision by John Marshall (fourth John Marshall (fourth Chief Justice)Chief Justice)

Power of Judicial Review Power of Judicial Review First overrule 1810 First overrule 1810

striking down a Georgia striking down a Georgia law involving a “land law involving a “land deal”deal”

Note: Note: Madison/Hamilton-Madison/Hamilton-Federalist papersFederalist papers

JUDICIAL REVIEWJUDICIAL REVIEW

Theoretically the courts were Theoretically the courts were constitutionally empowered to review constitutionally empowered to review laws and presidential actions but did not laws and presidential actions but did not claim itclaim it

It was not employed because there It was not employed because there were so few laws passed, were so few laws passed, communication and travel were communication and travel were problematical and high turnover on the problematical and high turnover on the courtcourt

Even after Marbury v Madison the court Even after Marbury v Madison the court seldom asserted itself for several yearsseldom asserted itself for several years

THE CASTTHE CAST John AdamsJohn Adams (Federalist) elected as (Federalist) elected as

second president in 1796 defeating second president in 1796 defeating Jefferson (Republican)Jefferson (Republican)

John MarshallJohn Marshall appointed as Secretary of appointed as Secretary of State and Chief Justice of the Supreme State and Chief Justice of the Supreme Court by President Adams Court by President Adams

William MarburyWilliam Marbury nominated as a Justice nominated as a Justice of the Peace by President Adamsof the Peace by President Adams

Thomas JeffersonThomas Jefferson elected as third elected as third president in 1800 defeating Adamspresident in 1800 defeating Adams

James MadisonJames Madison appointed as Secretary appointed as Secretary of State by President Jefferson (later of State by President Jefferson (later elected as the fourth president (1808)elected as the fourth president (1808)

THE PROBLEMTHE PROBLEM President John Adams made a number of late President John Adams made a number of late

judicial appointments as he was leaving officejudicial appointments as he was leaving office William Marbury was appointed Justice of the William Marbury was appointed Justice of the

Peace in Washington D.C. by Adams and Peace in Washington D.C. by Adams and confirmed by the Senateconfirmed by the Senate

Paperwork not submitted by then Secretary of Paperwork not submitted by then Secretary of State John Marshall State John Marshall

The new president, Thomas Jefferson wanted The new president, Thomas Jefferson wanted his own appointees and refused to accept his own appointees and refused to accept Marbury, ordering his Secretary of State, Marbury, ordering his Secretary of State, James Madison to halt the processJames Madison to halt the process

Marbury appealed directly to the Supreme Marbury appealed directly to the Supreme CourtCourt

THE CONFLICTTHE CONFLICT

Article IIIArticle III

2.2. Supreme power in Supreme power in

cases of law, hears cases of law, hears cases involving cases involving ambassadors and ambassadors and foreign dignitaries foreign dignitaries (original (original jurisdiction)jurisdiction)

Judiciary Act 0f 1789Judiciary Act 0f 1789

Congress Congress empowered the empowered the judicial branch to judicial branch to issue writs of issue writs of mandamus mandamus (directives to (directives to government officials government officials to act)to act)

FINDING THE SOLUTIONFINDING THE SOLUTION

The optionsThe options Order Jefferson to comply (no way to enforce)Order Jefferson to comply (no way to enforce) Bow to Jefferson’s wishes (wimpy)Bow to Jefferson’s wishes (wimpy) The outcomeThe outcome Marshall lecture to JeffersonMarshall lecture to Jefferson Acknowledged court’s lack of authorityAcknowledged court’s lack of authority Invalidate the part of the Judiciary Act of Invalidate the part of the Judiciary Act of

1789 where congress gave the courts 1789 where congress gave the courts the power to hear such cases directly the power to hear such cases directly (unconstitutional) because it expanded (unconstitutional) because it expanded its powersits powers

The consequenceThe consequence Power of Judicial ReviewPower of Judicial Review

THE POWER OF THE POWER OF JUDICIAL REVIEWJUDICIAL REVIEW

Laws declared unconstitutional by the Laws declared unconstitutional by the Supreme Court Supreme Court

1789-19981789-1998

Federal-143 State-1,237Federal-143 State-1,237

1960-19981960-1998

Federal-71 State-Federal-71 State-553553

FEDERAL AND STATEFEDERAL AND STATEJUDICIAL SYSTEMSJUDICIAL SYSTEMS

FEDS AND THE STATEFEDS AND THE STATE

Supreme Court Supreme Court (appointed for life)(appointed for life)

Courts of AppealCourts of Appeal

District Courts District Courts (trial)(trial)

Supreme Court Supreme Court (appointed for 12 (appointed for 12 yrs and extended yrs and extended by the voters)by the voters)

Courts of AppealCourts of Appeal

Superior Courts Superior Courts (trial)(trial)

District CourtsDistrict Courts They are the federal trial courts. They are the federal trial courts. Handle 80% of the federal case load.Handle 80% of the federal case load. 50 states are divided into 89 judicial districts, 50 states are divided into 89 judicial districts,

with one court in each district.with one court in each district. Hear criminal and civil cases, from kidnapping Hear criminal and civil cases, from kidnapping

and tax evasion to bankruptcy and civil rights.and tax evasion to bankruptcy and civil rights. The only federal courts that regularly use The only federal courts that regularly use

juries.juries. Most decisions are final, however some cases Most decisions are final, however some cases

are appealed to the court of appeals in that are appealed to the court of appeals in that judicial circuit and in some cases go directly to judicial circuit and in some cases go directly to the S.C.the S.C.

Courts of AppealsCourts of Appeals Created as “gatekeepers” to help ease the Created as “gatekeepers” to help ease the

load of the S.C. in 1891.load of the S.C. in 1891. There are 13 courts of appeals.There are 13 courts of appeals. U.S. is divided into 12 judicial circuits (plus U.S. is divided into 12 judicial circuits (plus

one in D.C.)one in D.C.) Cases are heard by panels of 3 judges.Cases are heard by panels of 3 judges. Only have appellate jurisdiction.Only have appellate jurisdiction. Their decisions are final unless the S.C. Their decisions are final unless the S.C.

chooses to hear appeals taken from them.chooses to hear appeals taken from them. The 13The 13thth court of appeal is the Court of Appeal court of appeal is the Court of Appeal

for the Federal Circuit and hears cases about for the Federal Circuit and hears cases about patents, contracts and financial claims against patents, contracts and financial claims against the federal government.the federal government.

COURT OF APPEALSCOURT OF APPEALS

No trialsNo trials

3 judge panel (28 judges)3 judge panel (28 judges)

28-30,000 decisions a 28-30,000 decisions a year (25% of total year (25% of total appeals)appeals)

1313thth COURT OF APPEALS COURT OF APPEALS

Located in Washington D.C.Located in Washington D.C.

Handles specific cases of appeals Handles specific cases of appeals (claims, customs, patents, (claims, customs, patents, veterans, international trade)veterans, international trade)

Possible “stepping stone” to the Possible “stepping stone” to the Supreme CourtSupreme Court

CHIEF JUSTICECHIEF JUSTICE Appointed by president Appointed by president Administers court (350 Administers court (350

employees, $70 m budget)employees, $70 m budget) ““leader among equals”leader among equals” Highly influentialHighly influential States opinion firstStates opinion first Votes firstVotes first Assigns opinion writing Assigns opinion writing Issues Oath of OfficeIssues Oath of Office Presides over Presides over

impeachmentimpeachment Presides at the annual Presides at the annual

Judicial Conference of the Judicial Conference of the United StatesUnited States

Seventeen to dateSeventeen to date

CHASE AND FORTASCHASE AND FORTAS

Samuel Chase (1796-1811): only Samuel Chase (1796-1811): only justice to be impeached and tried by justice to be impeached and tried by the Senate (acquitted)the Senate (acquitted)

Abe Fortas (1965-69): only justice to Abe Fortas (1965-69): only justice to resign under pressure (financial resign under pressure (financial irregularities from outside income) irregularities from outside income)

NOTABLE DECISIONSNOTABLE DECISIONS(the good, the bad and the ugly)(the good, the bad and the ugly)

Partial birth abortion Partial birth abortion ban, 2000 voted ban, 2000 voted unconstitutional unconstitutional under Roe v. Wade under Roe v. Wade

Bush v. Gore, 2000, Bush v. Gore, 2000, overruling Florida overruling Florida State Supreme CourtState Supreme Court

University of University of California v. Bakke, California v. Bakke, 1978, limited 1978, limited Affirmative Action Affirmative Action (Prop. 209, 1997) (Prop. 209, 1997)

THE GOOD……THE GOOD……

Roe v. Wade, 1973, woman’s right to Roe v. Wade, 1973, woman’s right to privacy privacy

Miranda v. Arizona, 1966, suspects’ Miranda v. Arizona, 1966, suspects’ rightsrights

Brown v. Board of Education, 1954, Brown v. Board of Education, 1954, segregation in schools segregation in schools unconstitutional, overturning Plessy v. unconstitutional, overturning Plessy v. Ferguson, 1896 Ferguson, 1896

THE BAD AND THE UGLY…THE BAD AND THE UGLY…

Korematsu v. Korematsu v. U.S., U.S.,

1944, 1944, Government’s Government’s

right to imprison right to imprison

U.S. citizens U.S. citizens

THE INTERNMENT CAMPSTHE INTERNMENT CAMPS

MORE UGLY….MORE UGLY….

Dred Scott v. Dred Scott v. Sanford, 1857, Sanford, 1857, established slaves as established slaves as non-citizensnon-citizens

(lived in the free (lived in the free state of Illinois and state of Illinois and free territory of free territory of Wisconsin)Wisconsin)

Plessy v. Ferguson, Plessy v. Ferguson, 1896, racial 1896, racial segregation legal segregation legal (separate but equal (separate but equal doctrine)doctrine)

U.S. SUPREME COURTU.S. SUPREME COURT

Sits in Washington Sits in Washington D.C.D.C.

Chief Justice, eight Chief Justice, eight associate justicesassociate justices

APPOINTMENTSAPPOINTMENTS

Nominated* by the President in the Nominated* by the President in the event of retirement, resignation or event of retirement, resignation or deathdeath

Senatorial Courtesy/Blue Slips on Senatorial Courtesy/Blue Slips on District nomineesDistrict nominees

Recommendations by the Attorney Recommendations by the Attorney General, Justice Department, American General, Justice Department, American Bar Association (not as much) Bar Association (not as much)

Senate Judiciary Committee hearings Senate Judiciary Committee hearings and recommendationand recommendation

Must receive a majority vote from the Must receive a majority vote from the Senate Senate

*Washington (11), Roosevelt (9), Clinton note…….*Washington (11), Roosevelt (9), Clinton note…….

APPOINTMENTS con’tAPPOINTMENTS con’t

Appointment for life (only branch Appointment for life (only branch unelected)unelected)

Import of 13Import of 13thth Court of Appeals (Wash. Court of Appeals (Wash. D.C.)D.C.)

Current prognosis……….age & healthCurrent prognosis……….age & health

JOHN JAYJOHN JAYFirst Chief JusticeFirst Chief Justice

Lawyer, statesmanLawyer, statesman Opposed British oppressionOpposed British oppression Opposed independenceOpposed independence Supported colonies after Supported colonies after

Declaration of IndependenceDeclaration of Independence Continental Cong. 1774-75Continental Cong. 1774-75 Elected President 1778Elected President 1778 Federalist Papers (1787-88)Federalist Papers (1787-88) Treaty of Paris (1763)Treaty of Paris (1763) Jay’s Treaty (1794)Jay’s Treaty (1794) First Chief Justice (1789-95)First Chief Justice (1789-95) appointed by Pres. appointed by Pres.

WashingtonWashington

COURT COMPOSITION, COURT COMPOSITION, TERMS AND SALARIESTERMS AND SALARIES

Number of justices (6-10)Number of justices (6-10) Court demographicsCourt demographics Staff and clerk supportStaff and clerk support Appointed for life, can Appointed for life, can

only be removed through only be removed through impeachment*impeachment*

Confirmation processConfirmation process Salaries: Assoc. Just. Salaries: Assoc. Just.

$199,200 & Chief $199,200 & Chief $208,100 (2005)$208,100 (2005)

*1805 Samuel Chase, *1805 Samuel Chase,

impeached for arbitrary impeached for arbitrary and oppressive conduct and oppressive conduct of trials (not convicted)of trials (not convicted)

Jefferson critic……..Jefferson critic……..

1789, six by Washington1789, six by Washington

1807, seven by Jefferson1807, seven by Jefferson

1837, nine by congress1837, nine by congress

1863, ten by Lincoln1863, ten by Lincoln

1866, eight by congress1866, eight by congress

1937, fifteen by FDR1937, fifteen by FDR

Note: nine since the Note: nine since the Judiciary Act of 1869Judiciary Act of 1869

BRANCH BRANCH $ALARY COMPARISON$$ALARY COMPARISON$

As of January 2005As of January 2005

   President $400,000President $400,000 Vice President $208,100Vice President $208,100 Speaker of the House $208,100Speaker of the House $208,100 House Majority & Minority Leaders $180,100House Majority & Minority Leaders $180,100 House/Senate Members & Delegates $162,100House/Senate Members & Delegates $162,100 Chief Justice, Supreme Court $208,100Chief Justice, Supreme Court $208,100 Associate Justices, Supreme Court $199,200 Associate Justices, Supreme Court $199,200 

JUDICIAL JUDICIAL PHILOSOPHYPHILOSOPHY

Judicial ActivismJudicial Activism:: justices interpret laws justices interpret laws and precedents and precedents loosely, sometimes loosely, sometimes interjecting personal interjecting personal values reflecting values reflecting current social current social conditions conditions

Judicial RestraintJudicial Restraint:: justices adhere justices adhere closely to laws and closely to laws and precedents with very precedents with very little personal little personal interjection of views interjection of views (Founders’ intent)(Founders’ intent)

AND…AND…

Strict Constructionism: the belief Strict Constructionism: the belief that the only method of changing the that the only method of changing the Constitution is by the amendment Constitution is by the amendment process process

Judicial interpretivism: defining the Judicial interpretivism: defining the Constitution as a living document Constitution as a living document that may be redefined as it relates to that may be redefined as it relates to social change social change

OVERTURNREDOVERTURNRED Plessy v. Ferguson (1896) separate but equalPlessy v. Ferguson (1896) separate but equal Brown v. Bd. Of Ed. (1954) overturned PlessyBrown v. Bd. Of Ed. (1954) overturned Plessy Olmstead v US (1919) prohibition, right to Olmstead v US (1919) prohibition, right to

privacyprivacy Katz v. US (1967) bookmaking, overturned Katz v. US (1967) bookmaking, overturned

OlmsteadOlmstead Koramatsu v. US (1944) internment of Koramatsu v. US (1944) internment of

Japanese AmericansJapanese Americans 1988 Congress the “grave injustice” and 1988 Congress the “grave injustice” and

compensates each survivor with $20,000compensates each survivor with $20,000 Bowers v. Hardwick, 1986, Georgia state Bowers v. Hardwick, 1986, Georgia state

regulation of sex between consenting adults regulation of sex between consenting adults (overturned 2003, Lawrence v. Texas)(overturned 2003, Lawrence v. Texas)

IMPORTANT TERMS & IMPORTANT TERMS & NUMBERS (review)NUMBERS (review)

Amicus Curiae: “Friends of the court” request Amicus Curiae: “Friends of the court” request consideration of case and/or influence in consideration of case and/or influence in outcomeoutcome

Writ of certiorari: formal request by the U.S. Writ of certiorari: formal request by the U.S. Supreme Court to call up the lower court case it Supreme Court to call up the lower court case it decides to hear on appealdecides to hear on appeal

Rule of Four: requirement that four Supreme Rule of Four: requirement that four Supreme Court justices must agree to grant a case Court justices must agree to grant a case certiorari in order for the case to be heardcertiorari in order for the case to be heard

Quorum: six justices must be present to conduct Quorum: six justices must be present to conduct court businesscourt business

Simple majority: five votes of the nineSimple majority: five votes of the nine