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The Judicial Branch Unit 4

The Judicial Branch Unit 4. Chapters 11 & 12. The Federal Court System. Jurisdiction. Authority Constitution Judiciary Act of 1789 Marbury v Madison, 1803. Types of Jurisdiction. Original The court who hears the case first Appellate

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The Judicial Branch Unit 4

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  1. The Judicial BranchUnit 4 Chapters 11 & 12

  2. The Federal Court System

  3. Jurisdiction Authority • Constitution • Judiciary Act of 1789 • Marbury v Madison, 1803

  4. Types of Jurisdiction • Original • The court who hears the case first • Appellate • The court who hears the appeal of a prior court ruling • Concurrent • Case can be tried at two different courts • Ex: Lawsuit with people from two different states • If Defendant insists, it must be tried in Federal Court

  5. Developing Supreme Court Power • Marbury v Madison, 1803 • Established authority of the courts to review actions of the government (Legislative Review)

  6. Developing Supreme Court Power John Marshall’s Influence 1801-1835 Fletcher v Peck, 1810 Dartmouth College v Woodward, 1819 McCulloch v Maryland, 1823 Gibbons v Ogden, 1824

  7. States Rights Era • Emphasized the power of the States • Seven Supreme Court Justices appointed by President Andrew Jackson • Limited the power of the Federal Government • Ex: Ruled the Missouri Compromise by Congress was unconstitutional. Each state would decide whether to allow slaves, not Congress. • Dred Scott v Sandford, 1857 • African Americans could not be citizens

  8. 13th, 14th & 15th Amendments • AKA The Reconstruction Amendments or the Civil War Amendments • To protect newly freed slaves

  9. Due Process Clause • Fourteenth Amendment clause “no state may deprive any person of life, liberty or property Without due process of law”

  10. Fourteenth AmendmentDue Process Clause • The Supreme Court refused to apply it when business or a state’s interests were involved. (Favored Rights of a State or Business over the Rights of individuals, especially freed slaves)

  11. Fourteenth AmendmentLandmark Cases • Slaughterhouse Cases, 1873 • Supreme Court ruled that the 14th Amendment applied to FEDERAL not States citizenship, rights, privileges & immunities. • Ex: You were born in the United States so you are a U.S. citizen (so you won’t be deported). However, if you were born to a former slave or had been a slave, voting rights and other rights of that state did NOT apply to you.

  12. Fourteenth AmendmentLandmark Cases • Plessy v Ferguson, 1896 • “separate but equal” used to justify segregation • Kept African-Americans segregated on trains, but extended to all facets of life • Justice Harlan dissented: “inconsistent with the personal liberty of citizens, white and black” • Brown v Topeka Board of Education, 1954 • Eventually overturned Plessy and ruled that segregation is unconstitutional

  13. States Rights Era Aspects • The Supreme Court has at times NOT BROADENED Federal Government’s Power to enforce individual rights • But has EXPANDED STATES POWER TO PROTECT CONSUMERS AGAINST BUSINESS

  14. Landmark Business/Consumer Cases1800s • United States v E.C. Knight & Co, 1890s • Permitted monopolies in business trusts • Debs v United States • Upheld conviction of labor leader because he would not call off a strike

  15. Progressive Era1900-1920 • The Court did more to protect consumers

  16. State & Federal Regulation ofthe Economy • At times, the Court did NOT uphold government regulation of business or the economy (Schechter Poultry Corp. v US) • Result: FDR proposed increasing the number of Supreme Court Justices. Why? • Courts Reaction: Began to uphold laws that regulated businesses.

  17. Protecting Civil Liberties • What are Civil Liberties? • What Supreme Court Justice is synonymous with protecting Civil Liberties? • Chief Justice Earl Warren, 1953 - 1969

  18. Lower Federal Courts • Established beginning in 1789 with what Act? • Two types: • Constitutional Federal Courts • Legislative Federal Courts

  19. Constitutional Courts • Article III of Constitution • Includes • Federal District Courts • Federal Courts of Appeals • U.S. Court of International Trade

  20. 1. Federal District Courts • 94 districts among the U.S. • CA is in the 9th District, the largest district • Trial Courts for Criminal & Civil Federal Cases • Criminal Cases: Two Juries used • Grand Jury – decides “Is there enough evidence to mount a trial?” if so, they issue an indictment. • 16-23 citizens who serve a year, meet monthly • Petit Jury – decides guilt or innocence. Usually 6-12 citizens.

  21. Federal District Courts • The Workhorses of the Federal Judiciary • Have Jurisdiction over Federal Questions: • Issues of federal statutory or constitutional law

  22. Officers of the Court- Constitutional Court • Includes, but not limited to: • The U.S. District Attorneys-files & prosecutes case • Magistrates issue arrest warrants • U. S. Marshall – makes the arrest, secures jurors, keeps order in courtroom • Others: • Bailiff – escorts people in and out of courtroom • Deputy clerks – assists attorneys, handles paperwork • Stenographer – records the case

  23. Constitutional Courts • Federal Court of Appeals • 13 of these • 12 districts • The 13th Court = Federal Appeals Court • This is the Appellate Court over these 12 appellate courts • Decision can be appealed ONLY to the U.S. Supreme Court

  24. U.S. Circuit Court ofAppeals for the Federal Circuit Hears cases from: • Federal Claims Court • Court of International Trade • U.S. Patent Office • Other executive agencies: EPA, FCC,…

  25. Court of International Trade • AKA U.S. Customs Courts • Jurisdiction: • Tariffs • Import quotas • Decisions final unless appealed to The Circuit Court of Appeals • In Washington, D.C. but may travel to port cities

  26. Legislative Courts • Article I • Helps Congress exercise its legislative powers • Ex: Hears cases involving disputes over the interpretation or implementation of a law passed by Congress (that are NOT Constitutional Law issues). • Many different types of these

  27. Legislative Courts • U.S. Court of Federal Claims • U.S. Tax Court • U.S. Court of Appeals for the Armed Forces • Territorial Courts • Courts of the District of Columbia • The Court of Veterans’ Appeals

  28. U.S. Court of Federal Claims • Established in 1982 • Hears cases of claims for money damages • Against the U.S. federal government • Ex: Federal Government did not pay all of the catering bill at a White House dinner • Decision final unless appealed to: • The Circuit Court of Appeals for the Federal Circuit

  29. U.S. Tax Court • Created in 1969 by Congress • Handles disputes with the: • Internal Revenue Service • Treasury Department’s agencies

  30. U. S. Court of Appeals for the Armed Forces • Established in 1950 • Hears appeals only • of soldiers convicted of breaking military law • Decisions final unless appealed to U.S. Supreme Court

  31. Territorial Courts • Jurisdiction: U.S. territories • Virgin Islands • Guam • Northern Mariana Islands • Puerto Rico • Handle civil & criminal cases • Decision final unless appealed to U.S. Court of Appeals

  32. Courts: the District of Columbia • Jurisdiction: • Washington, D.C. • Criminal & civil cases

  33. Court of Veterans’ Appeals • Established 1988 • Veteran’s claims – benefits & other issues • Handles unsettled claims • Ex: the awarding of disability benefits or awarding of a medal

  34. Selecting Federal Judges • Party affiliation • Judicial philosophy (Conservative, Liberal, Moderate?) • Senatorial courtesy • Background of the federal judges

  35. The Supreme Court • The Court of Last Resort

  36. U. S. Supreme Court Jurisdiction • Original & Appellate Jurisdiction • Article, III, Section 2 • In Original Jurisdiction, hears ONLY 2 types: • Representatives from Foreign gov’ts • Cases in which a state is plaintiff or defendant • Ex: Water Rights dispute between states

  37. U.S. Supreme Court Jurisdiction • Appellate Jurisdiction

  38. Supreme Court Justices • Nine Seats/Justices since 1869 • Has ranged from 5 to 10 • FDR unsuccessfully tried to increase the number to gain influence over the Court • Position for life unless: resign/retire or impeached and removed • 1804 Justice Samuel Chase was impeached • But found not guilty

  39. Duties • The Chief Justice – Leader, Manager • Hear cases – only a fraction of those submitted • Assisted by Law Clerks • Render opinions/decisions on cases • Head up Special Commissions: • Nuremberg War Trials

  40. Background • Law degree • Legal experience • Most have been federal judges • William Howard Taft – former U.S. President, later became a Justice and Chief Justice

  41. Background • More than 100+ men • Only 3 women: Sandra Day O’Connor, Ruth Bader Ginsburg, Maria Soto-Mayor (Latina) • Only 2 African-Americans: • Thurgood Marshall (who argued Brown v Topeka) • Clarence Thomas

  42. Appointing Justices • By President • With Senate approval • About 25% do not get approved

  43. Selection Influences • American Bar Association • Rates the candidates qualifications • 2001, Pres. George W. Bush said the Bar was too liberal • Interest Groups • Heavily influence selection & approval • Existing Supreme Court Justices • Often very active in the selection process

  44. Supreme Court Decision Making

  45. In Session: Then vs Now

  46. Procedures

  47. Workload

  48. How Cases Reach The Court

  49. Writ of Certiorari

  50. On Appeal

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