Judicial Branch US Government. What is the Judicial Branch .
THE JUDICIAL BRANCH
description
Transcript of THE JUDICIAL BRANCH
![Page 1: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/1.jpg)
THE JUDICIAL BRANCHAP US GOVERNMENT & POLITICS
![Page 2: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/2.jpg)
Introduction:
Constitution provides for a Supreme Court of the United States
Chief Justice John Marshall (serving 1801-1835) greatly increased the power of the courts in balancing power between the other two branches of government
TODAY: judicial branch equal to legislative and executive branches
![Page 3: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/3.jpg)
JURISDICTION OF THE COURTSFEDERAL COURT JURISDICTION
All states have own system of courts
Federal court system consists of Supreme court and lower federal courts established by Congress
“Jurisdiction” = the authority to hear cases
States = state laws / Federal = federal laws
![Page 4: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/4.jpg)
JURISDICTION (con’t)
CONCURRENT JURISDICTION: situations where both federal and state courts have jurisdiction
ORIGINAL JURISDICTION: the court in which a case is originally tried
APPELLATE JURISDICTION: courts of appeal, where a person may appeal the decision of another court
![Page 5: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/5.jpg)
JUDICIAL INDEPENDENCE
The Judiciary must be protected from punitive or coercive actions by the legislative and executive branches (necessary to make fair, impartial decision) – see The Federalist, 78.
Constitution protects two ways, Article 3:1. Federal judges hold position “during good
behavior”2. Legislative & Executive branches may not
combine to punish judges by decreasing payment for their services
![Page 6: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/6.jpg)
JUDICIAL REVIEW
See Federalist, 78
Definition: power of an independent judiciary to determine whether acts
of the other components of government are in accordance with
the Constitution
![Page 7: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/7.jpg)
JUDICIAL REVIEW:ConstitutionArticle 3: federal judiciary has power to
make judgments in all cases pertaining to the Constitution, statutes, treaties of the U.S.
Article 6: implies judicial power of federal courts must be used to protect and defend the supreme authority of the Constitution against acts of government which violate or contradict it – judicial officers must support
![Page 8: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/8.jpg)
Judicial Review (con’t)
Limits placed on legislative and executive branches can only be preserved through courts of justice
Judges: necessar to determine the meaning of the Constitution (fundamental law), as well as any “particular act” proceeding from the Legislature
![Page 9: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/9.jpg)
Judicial Review (con’t)
Ideas from the Federalist used by John Marshall in 1803 Marbury v. Madison: declared one part of federal law unconstitutional, thus setting the precedent for the court’s use of judicial review
![Page 10: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/10.jpg)
DEVELOPING SUPREME COURT POWEREARLY PRECEDENTSCourts don’t initiate action, but wait for
litigants to come to courtlitigants: people engaged in a lawsuit who bring a case to court
Federal courts will only determine cases, not simply answer legal questions
![Page 11: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/11.jpg)
LANDMARK CASES
MARBURY vs. MADISON1803 – established the principle of JUDICIAL REVIEW
How does Judicial Review assist in separation of powers?
![Page 12: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/12.jpg)
LANDMARK CASESFLETCHER vs. PECK (1810): Supreme Court
extended power to review state lawsMCCULLOCH vs. MARYLAND (1819):
national interest takes precedence over state interest
GIBBONS vs. OGDEN (1824): gave Congress power to regulate interstate commerce
DRED SCOTT vs. SANDFORD (1857): stated a slave was property
![Page 13: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/13.jpg)
KEY CONCEPTS
JUSTICE: achieved where everyone receives what is due him or her
PROCEDURAL JUSTICE: government administers fair and impartial procedures equally to everyone under its authority to settle disputes or prosecute person charged with crimes
![Page 14: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/14.jpg)
KEY CONCEPTS (con’t)
DUE PROCESS: conflicts settled in an orderly and fair manner in a court of law, according to the rule of law (not by the arbitrary actions of people in power)
BETWEEN ……….. IndividualsIndividuals &
Gov’t
![Page 15: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/15.jpg)
KEY CONCEPTS (con’t)
DISTRIBUTIVE JUSTICE: when equals in society distribute benefits to people under authority – when people receive the same (equivalent) allocation of benefits
Examples: Social Security / medical care for the elderly / public schools
![Page 16: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/16.jpg)
DUE PROCESS
A clause stating that no state may deprive a person of life, liberty, or property without the due process of law
Supreme Court did not strongly apply these immediately after the Civil War
![Page 17: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/17.jpg)
LANDMARK CASES
SLAUGHTERHOUSE CASES (1873): a narrow interpretation of the 14th Amendment – court ruled for the state of Louisiana in regulating businesses
PLESSY vs. FERGUSON (1896): established the “separate but equal” doctrine (not overturned until the Brown vs. Board of Education ruling in 1954)
![Page 18: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/18.jpg)
THE COURT AND BUSINESS
The court had refused to broaden federal powers to enforce the rights of individuals, often siding with business interests(though this has gone back-and-forth in history)
![Page 19: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/19.jpg)
LANDMARK CASES
BROWN vs. BOARD OF EDUCATION OF TOPEKA (1954): Supreme Court outlawed segregation in public schools
In other cases, the Court issued rulings extending equal protection in voting rights, applied due process requirements and Bill of Rights protections to persons accused of crimes
![Page 20: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/20.jpg)
LOWER FEDERAL COURTS
The CONSTITUTION created the Federal Court System, including THE SUPREME COURT(Article III)
Congress established various levels of courts – Judiciary Acts of 1789
![Page 21: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/21.jpg)
CONSTITUTIONAL COURTS
Federal District Courts: trial courts (today, 94 districts)
Grand Jury: usually 16-23 peopleIndictment: formal accusation of a crimePetit Jury: 6-12 people ; trial jury
![Page 22: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/22.jpg)
CONSTITUTIONAL COURTS(con’t)Officers of the Court: there are many
appointed officials (judges, attorneys, magistrates, marshals, deputy clerks, bailiffs, stenographers
Federal Court of Appeals: 13 US courts of appealsJudicial circuits: regions, with 1 appellate court in each; panel of three judges for each appeal
![Page 23: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/23.jpg)
CONSTITUTIONAL COURTS(con’t)The Court of International Trade:
formerly, US Customs Court – jurisdiction involving tariffs-based in NYC, but is a national court-judges hear cases in other major port cities around the US
![Page 24: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/24.jpg)
LEGISLATIVE COURTSThese courts help Congress exercise its
powersU.S .COURT OF FEDERAL CLAIMSU. S. TAX COURTU.S. COURT OF APPEALS FOR THE ARMED
FORCESTERRITORIAL COURTSCOURTS OF THE DISTRICT OF COLUMBIACOURT OF VETERANS’ APPEALSFOREIGN INTELLIGENCE SURVEILLANCE
COURT
![Page 25: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/25.jpg)
SELECTION OF FEDERAL JUDGESThe President, with the consent of the
Senate, appoints all federal judges for life
Factors:-party affiliation-judicial philosophy-Senatorial courtesy
![Page 26: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/26.jpg)
THE SUPREME COURT
This court stands at the top of the American legal system
It is the court of last resort in all questions of federal law
It carefully chooses the cases it will hear
Today, all cases are heard in the Supreme Court building in Washington, DC
![Page 27: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/27.jpg)
SUPREME COURT JURISDICTIONThe Supreme Court has both original
and appellate jurisdictionOriginal: cases involving
representatives of foreign governments; cases in which a state is a party
Appellate: cases appealed from lower courts of appeals; cases where an act of Congress was held unconstitutional
![Page 28: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/28.jpg)
SUPREME COURT JUSTICES
There are NINE justices on the Supreme Court:one CHIEF JUSTICE and eight ASSOCIATE JUSTICES
Roberts Court Chief Justice: John Roberts, Jr. (2005-)
2010–present: Antonin Scalia ; Anthony Kennedy; Clarence Thomas;
Ruth Bader Ginsburg; Stephen Breyer; Samuel Alito; Sonia Sotomayor; Elena
Kagan
![Page 29: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/29.jpg)
DUTIES OF THE JUSTICES
Duties have developed through law, tradition, needs
Main duty: hear and rule on casesLaw Clerks: usually work for a justice
1-2 yrs.Three decisions:
-which cases to hear-decision on the case-determining an explanation for the decision
![Page 30: THE JUDICIAL BRANCH](https://reader035.fdocuments.us/reader035/viewer/2022062305/5681625c550346895dd2b372/html5/thumbnails/30.jpg)
APPOINTING JUSTICES
The President appoints
The Senate must approve
The ABA (American Bar Association) committee on the Federal judiciary is consulted and rates a candidate
Interest Groups: also play a part