Unit 3: Structure and Functions of the Federal Government

1. Unit 3: Structure and Functions of the Federal Government Three branches compose the basic structure of the federal government. Public policy is created through the making of laws, the execution of the laws and the adjudication of disputes under the laws.

2. Content Statement Law and public policy are created and implemented by three branches of government; each functions with its own set of powers and responsibilities. The political process creates a dynamic interaction among the three branches of government in addressing current issues.

3. The Judicial Branch

4. The Judicial Branch Section 1: The Lower Courts

5. What do you think is the role of the Court?What is the difference between a strict constructionist and a loose constructionist?

6. Role of the Courts • 1. Resolving Disputes • 2. Setting precedents—guiding principles for determining what is legal in situations that involve similar issues • 3. Interpreting the Law • Strict constructionists—laws and the Constitution should be interpreted strictly according to the words they contain • Loose constructionists-- laws and the Constitution should be interpreted in light of current political and social conditions • Example: Right to bear arms • Strict—you can own any weapon • Loose—semi-automatic assault rifles were not around when Constitution was written. They should be banned

7. Authority of the Courts • Extent of the Jurisdiction (authority to interpret and administer the law) of Lower Courts • The lower courts hear cases in which • A person is accused of disobeying the US constitution • A person is accused of violation a US treaty • A person is accused of breaking federal laws passed by Congress • The US gov or a US citizen is charged with an offense by a foreign nation • A person is accused of committing a crime on a US ship at sea • A US ambassador is accused of breaking the laws of the country in which he or she is stationed • A person is accused of committing a crime on certain types of federal property • A citizen of one state brings a lawsuit against a citizen of another state • A few special types are left to the Supreme Court • *All other disputes are left to state and local courts

8. Lower Court Organization • A. District Courts • Trial courts • Each state has 1 to 4 • Determine the facts and reach the verdict based on law • Trial by jury, unless waived by defendant • US attorney is the prosecutor in criminal cases • Private attorney is used in civil cases

9. Lower Court Organization • B. Court of Appeals • 1/3 are appealed, 1/5 are heard • Rest settled out of court • 13 appeals courts • 6 to 28 judges in each • No juries, usually 3 judges hear and decide the case • Judges do not review the facts • Judges decide issues of law • Ex: whether a search of a person’s home was done legally • Judges use mostly written data • The written record from the district court • Briefs—written legal arguments written by both sides • Decisions • Reverse the decision • Affirm the decision • Send case back to district court for a retrial

11. Other Courts • US Court of Claims • US Court of International Trade • US Court of Appeals for the Armed Forces • US Territorial Courts • US Tax Court • US Court of Veterans Appeals

12. Federal Judges • Serve for life—no political pressure • Congress can impeach and convict • Appointed by Pres; confirmed by Senate • District Court Appointments • Nominated by Dept of Justice or White House staffers • Senatorial courtesy—Senators in the Pres party approves or disapproves each potential nominee for a position in a district in their state before the official nominations are made • Court of Appeals Appointments • No senatorial courtesy (each appeals court covers several states) • More scrutinized before confirmed • Many Supreme Court justices come from appeals court

14. The Judicial Branch Section 2: The Federal Court System

15. Supreme Court Pre-Test • 1. How many people are on the Supreme Court? • 2. What are the terms of a Supreme Court justice? • 3. What is judicial review? What court case gave the Supreme Court this power? • 4. How are Supreme Court justices chosen? • 5. How does the Supreme Court operate? Is it the same as a regular trial court? • 6. Can you name any justices on the current Supreme Court? Which is the Chief Justice?

16. The Supreme Court

18. Judicial Review • During the John Marshall Court (starting in 1801), the Court got much more powerful. • 1. Many landmark decisions (A decision that is notable and often cited because it significantly changes, consolidates, updates, or effectively summarizes the law on a particular topic) were made • Most important: Marbury vs. Madison. This gave the courts the power of judicial review--Gives courts final voice in deciding the constitutionality of gov laws and policies • Current event: OBAMACARE CASE!!!!!!!!!!!!!!!! • For more information on John Marshall, click hereFor more information on Marbury vs. Madison, click here

19. The Justices—some information

20. How are justices selected? This is a major power of the President! He nominates someone with his beliefs.

21. The Current Court Sonia Sotomayor, Stephen Breyer, Samuel Alito, Elena Kagan Clarence Thomas, Antonin Scalia, John Roberts, Anthony Kennedy, Ruth Bader Ginsburg

22. How does the Supreme Court work? This is an essay question!

23. Continued…….

24. Continued…… • Finally, the decision is announced to the public.

25. Supreme Court Post-Test • 1. How many people are on the Supreme Court? • 2. What are the terms of a Supreme Court justice? • 3. What is judicial review? What court case gave the Supreme Court this power? • 4. How are Supreme Court justices chosen? • 5. How does the Supreme Court operate? Is it the same as a regular trial court? • 6. Can you name any justices on the current Supreme Court? Which is the Chief Justice?