The Judicial Branch

1. The Judicial Branch The Judicial Branch

2. The Role of the Judicial Branch • To interpretand define law • Hear individual cases and decide how the law should apply • Remember federalism – there are federal courts for federal law, and state courts for state laws!

3. Where Do the Courts’ Jurisdiction Come From? • Article III of the Constitution creates “one supreme court, and such inferior courts” that Congress creates • Thus, Congress creates the system underneath Supreme Court

4. 3 Major Steps in the Federal System Courts Judges 1 Supreme Court 9 12 Court of Appeals 3 94 1 District Court

5. Jurisdiction • Jurisdiction – the authority of a court to hear (try and decide on) a case • 4 Types of Jurisdiction: • 1. ExclusiveJurisdiction – only federal court has authority to hear, state court cannot • 2. ConcurrentJurisdiction – federal or state court could hear

6. Jurisdiction • 3. OriginalJurisdiction – court is the first one to hear a case • 4. Appellate Jurisdiction – court can only hear a case on appeal

7. Jurisdiction • U.S. District Courts have original jurisdiction • The Court of Appeals has appellate jurisdiction • Supreme Court has both… sort of • Original in cases affecting ambassadors, or a state suing another state (less than 1% of cases) • Appellate in all other cases (over 99%)

8. The Supreme Court Senate life • All justices are nominated by the President and confirmed by the _______ • Judges serve for ______ or until: 1. ____________ 2. ____________ 3. ____________ • The Supreme Court interprets the laws set forth in the Constitution and can declare a law _______________ through the process of: _________ ___________. Death Retirement Impeached and Convicted unconstitutional Judicial Review

9. President nominates Senate Judiciary Committee interviews nominee Full Senate confirms the judge with a majority vote Appointment of Judges Obama nominating Elena Kagan for Supreme Court in 2010

10. Elena Kagan takes questions from the Senate Judiciary Committee Click here for video clip

11. Elena Kagan is confirmed by the full Senate Click here for video clip

12. Justice 4 LYF!!!!!!

13. Why???

14. Why Life Terms? • Founding Fathers wanted an independent judiciary, free from political influence • Judges are supposed to make decisions based on law, not popular opinion or pressure from elected officials (Congress and the President)

15. Check for Understanding • The judicial branch is established in the Constitution’s • A. Article I • B. Article II • C. Article III • D. Bill of Rights

16. Check for Understanding • Jurisdiction directly limits • A. what sentence a judge may issue to a criminal defendant • B. whether a jury will hear the trial or not • C. who can be appointed to serve in the judicial branch • D. whether a court can hear a particular case or not

17. Check for Understanding • A typical federal case will be heard first in • A. a state supreme court • B. District Court • C. the Court of Appeals • D. U.S. Supreme Court

18. Check for Understanding • All of the following play a role in selecting new federal judges and Supreme Court justices EXCEPT • A. the President • B. the current Supreme Court justices • C. the Senate Judiciary Committee • D. the full Senate

19. Check for Understanding • The term of a federal judge is set by the Constitution as • A. 10 years • B. 15 years • C. 20 years • D. lifetime, or “during good behavior”

20. District Court • District Court is the first trial for the vast majority of federal cases • 94 Districts divided geographically • Hears both criminal and civil cases

22. Process of a Criminal Case • U.S. attorney gathers up all the evidence against the suspect • Presents it to a grand jury, 16 to 23 people who decide whether there is enough evidence to indict the suspect • If they vote to indict,trial begins with a new jury

23. Process of a Criminal Case • If you lose your trial, you have the option to appeal to a highercourt

24. Process of a Criminal Case • Higher courts have the option to overturn or modify lower court decisions

25. Process of a Criminal Case • The higher court does not have to hear your case, they will only take it if there is a significant problem with the lower court decision

26. Supreme Court • The “Court of Last Resort” – highest court in the country, whose rulings are final in all jurisdiction • Has final power of judicial review

27. Judicial Review • Judicial Review – the power to declare acts of government unconstitutional • All comes from the case of Marbury v. Madison

28. check • Judicial Review is the way the court can _____on the Legislative and Executive Branches to make sure they don’t stray too far from the intent of the ___________. • This means the ___________ can review and ________ decisions made by ________ and __________. (even actions of the President) Constitution Supreme Court Congress overturn Lower courts

29. precedents urgent reason • Usually the Supreme Court will decide with previous _________ or decisions, unless an _____________ arises to depart from past decisions. • If the Court decides to review a ______ this will become known as a _________ _______. • A majority of ___ judges is needed to make a decision. case Landmark Decision 6

30. Another Route to Supreme Court Federal Courts Supreme Court State Courts Arizona Supreme Court Court of Appeals Arizona Court of Appeals District Court Superior Court

31. How a Case Reaches Supreme Court • Court will issue a writ of certiorari(acceptance of a case) if 4 of the 9 justices wish to hear it • Called the “Rule of 4” • Or, court will issue a certificate if a lower court says they don’t know how to decide on it

32. Trial Process at Supreme Court • Trial does not function like principal trial courts • No “evidence” presented, or witnesses questioned, etc. • Rather, one attorney for each side presents his arguments for 30 minutes, while being questioned by justices No cameras are allowed in Supreme Court during arguments, so artists rendering like these are used to show what happened Last Week Tonight created a solution… dog footage to use as a replacement (click here)

33. Trial Process at Supreme Court • Once arguments are over, justices will write opinionson the case, and each justice chooses which opinion to sign his/her name to • Majority Opinion – final decision on the case, signed by at least 5 justices • Becomes precedentfor how future similar cases should be decided

34. Trial Process at Supreme Court • Dissenting Opinion – written by any justice who disagrees with the majority • It’s important because it can become the logic for a future group of justices to overturn this decision

35. Trial Process at Supreme Court • Concurring Opinion – written by a justice who votes with the majority, but disagrees with their reasoning as to why • If a justice has a conflict of interest in a case, he/she may recusehimself (stay off of the case)

36. Most Important Historical Cases • Marbury v. Madison (1803) – established precedent of judicial review • McCulloch v. Maryland (1819) – allowed Congress to use implied powers under “necessary and proper clause” • Gibbons v. Ogden (1824) – allowed Congress to regulate all commercial interactions under “commerce clause”

37. Most Important Historical Cases • Dred Scott v. Sanford (1857) – Slaves were not citizens; therefore property owner’s right must be protected • Plessy v. Ferguson (1896) – said segregation was constitutional as long as both races had equal facilities • Brown v. Board of Education (1954) – overturned Plessy decision on the grounds that “separate is inherently unequal”

38. Current Supreme Court Justices • Chief Justice John Roberts • Appointed: Bush, 2005 • Age: 60 • Conservative

39. Current Supreme Court Justices • Antonin Scalia • Appointed: Reagan, 1986 • Age: 79 (Deceased) • Strong Conservative

40. Current Supreme Court Justices • Anthony Kennedy • Appointed: Reagan, 1988 • Age: 78 • Swing Vote (Usually Conservative)

41. Current Supreme Court Justices • Clarence Thomas • Appointed: GHW Bush, 1991 • Age: 66 • Strong Conservative

42. Current Supreme Court Justices • Ruth Bader Ginsburg • Appointed: Clinton, 1993 • Age: 79 • Strong Liberal

43. Current Supreme Court Justices • Stephen Breyer • Appointed: Clinton, 1994 • Age: 76 • Strong Liberal

44. Current Supreme Court Justices • Samuel Alito • Appointed: GW Bush, 2006 • Age: 64 • Conservative

45. Current Supreme Court Justices • Sonia Sotomayor • Appointed: Obama, 2009 • Age: 60 • Strong Liberal

46. Current Supreme Court Justices • Elena Kagan • Appointed: Obama, 2010 • Age: 54 • Liberal