Trial of Boston Bomber in Civil Court: Should the Trial be Moved?

1. Agree or disagree: “Boston Bomber” should be tried in a civil court? Should the trial be moved out of Massachusetts? Discuss in the chat box. Congress, The Presidency, The Bureaucracy, The Judiciary Please sign in with your first and last names.

2. Objective • To review the judicial branch.

3. Where do you fall?

4. Brain Dump What do you know about the federal court system

6. Development of the Federal Courts • Jurisdiction • Exclusive: sole authority of federal courts • Constitution, federal law, treaty • Admiralty/maritime law • Disputes between states • US government is a party • Citizens of different states • Ambassadors/diplomats • A state as a party • Concurrent: both federal and state courts • Original: authority of a court to first try a case • Appellate: court that hears a subsequent appeal

7. Development of the Federal Courts, cont. • Traditional view that judges would find and apply existing law • Based on what the law required • Judicial activism argued that judges make the laws • Founders were able to justify power of judicial review – courts would have a neutral role in government

8. Development of the Federal Courts, cont. • Hamilton argued that courts could decide whether a law is contrary to the constitution

9. What were the main types of cases dealt with the courts in the time periods below? Examples.

10. Development of the Federal Courts, cont. • National Supremacy and Slavery • Under John Marshall, national law was deemed to be dominant law is all instances • Supreme Court had right to determine what the Constitution meant • Marbury v. Madison, 1803 • McCulloch v. Maryland, 1819 • Supreme Court could declare an act of Congress unconstitutional • Federal government flows from people, laws necessary to attain constitutional ends are permissible • Federal law is supreme • Dred Scott • Roger Taney wrote that slaves are not citizens and so federal laws affecting slavery were unconstitutional

11. Development of the Federal Courts, cont. • Government and the Economy • Favor of private property • Focus of the 14th amendment shifted from black citizenship to protection of corporations (big business) • Blockage of anti-trust, regulatory legislations • Ruled against labor unions/strikes

12. Development of the Federal Courts, cont. • Government and Political Liberty • Change in focus and priorities of the justices • Earl Warren redefined relationship of citizens to government and protection from government infringement

13. MATCH The Structure of the Federal Courts • A. Established by the Constitution • B. Established by Congress • 1. Supreme Court • 2. Federal Courts

14. The Structure of the Federal Courts • Explain the Types of law • Statutory • Common • Criminal • Civil

15. The Structure of the Federal Courts • Types of law • Statutory – deals with written statues (laws) • Common • Based upon a system of written law • Based upon precedents - state decisis • Criminal • Violations of criminal code • Violations against society • Civil • Disputes between two parties • Breach on contract, slander, malpractice • Writ of mandamus – court order for one party to perform a certain act • Injunction – prohibits a party to act • Class action lawsuit

16. How are judges selected?

17. The Structure of the Federal Courts • Selecting Judges • Constitutional judges have life terms – selected by President, approved by Senate (usually represent President’s party) • Party, etc. does not always predict ruling – base on facts of case, arguments, etc. • Primarily male (Sandra Day O’ Conner 1st female) • Senatorial Courtesy • Senate usually approves if Senators from state of nominee approve • Not existent for Supreme Court • Litmus Test – judges as representative of President’s views?

19. The Structure of the Federal Courts • The Jurisdiction of the Federal Courts • Dual Court System • One state, one federal • There are different cases for each • Some cases fall under both jurisdictions and can be tried in either or both • Appellate Jurisdiction • Lower federal courts • Highest state courts • Writ of Certiorari • Way of petitioning Supreme Court to hear appeal • If four justices agree, cert is issued and the case is scheduled – rule of four • Look for constitutional issue

20. The Structure of the Federal Courts • Going to Court • Fee Shifting • Sovereign Immunity • Standing – being entitled to have a case • Controversy • Show harm

21. The Structure of the Federal Courts • The Supreme Court in Action • The “Supreme Court is a constitutional convention in continuous session” – Woodrow Wilson • Lawyers submit briefs • Arguments in court ~ 30 minutes; questions from justices • Government is represented by the solicitor general • Voting patterns of the Court • Fairly consistent positions • Voting ‘blocs’ • Complex factors of case • Interpretation of laws

22. The Structure of the Federal Courts • The Supreme Court Decision Making • Simple majority determines case • If a tie, previous court decision stands • Majority opinion - expresses view of majority • Dissenting – expresses opinion of minority • Concurring – agrees with majority but for different reasons • Opinions are how the Supreme Court communicates with public

23. The Structure of the Federal Courts • The Power of the Federal Courts • The power to make policy • Via interpretation of Constitution, enforcement of laws • By interpreting law are actually making law • Declaration of laws being Constitutional or not • Stare decisis – let the decision stand • Courts take on matters once left to the legislature • More than 1000 state laws declared unconstitutional • More than 130 federal laws as unconstitutional

24. The Structure of the Federal Courts • Views of Judicial Activism • It is the courts responsibility to act when other branches haven't • Decisions have huge impact/on society • The court should be restricted to constitutional outline of authority – judicial restraint • The justices are lawyers, not managers • Special treatment for one group affects all groups • Legislation and the Courts • When laws are vague, judges have greater power for interpretation • Some laws induce litigation • Judges determine own role

25. What is this cartoon saying?

26. Question In Marbury v. Madison (1803), the Supreme Court assumed the power to (A) decide whether internal congressional procedures are constitutional (B) advise Congress on the constitutionality of a proposed by law (C) regulate slavery (D) decide on the constitutionality of a law or an executive action (E) approve executive agreements

27. Answer In Marbury v. Madison (1803), the Supreme Court assumed the power to (A) decide whether internal congressional procedures are constitutional (B) advise Congress on the constitutionality of a proposed by law (C) regulate slavery (D) decide on the constitutionality of a law or an executive action (E) approve executive agreements

28. Question Which of the following best defines the term “judicial activism”? (A) The demands on judges to hear large numbers of cases (B) The efforts of judges to lobby Congress for funds (C) The attempts by judges to influence election outcomes (D) The unwillingness of judges to remove themselves from cases in which they have a personal interest (E) The tendency of judges to interpret the Constitution according to their own views

29. Answer Which of the following best defines the term “judicial activism”? (A) The demands on judges to hear large numbers of cases (B) The efforts of judges to lobby Congress for funds (C) The attempts by judges to influence election outcomes (D) The unwillingness of judges to remove themselves from cases in which they have a personal interest (E) The tendency of judges to interpret the Constitution according to their own views

30. Question All of the following serve as checks on the power of federal courts EXCEPT: (A) Federal judges can be impeached (B) The voters can oust federal judges in national elections (C) Congress can pass a law clarifying “legislative intent” (D) Presidents, governors, and local executives can refrain from enforcing court rulings (E) Congress and state legislatures can amend the Constitution

31. Answer All of the following serve as checks on the power of federal courts EXCEPT: (A) Federal judges can be impeached (B) The voters can oust federal judges in national elections (C) Congress can pass a law clarifying “legislative intent” (D) Presidents, governors, and local executives can refrain from enforcing court rulings (E) Congress and state legislatures can amend the Constitution

32. Question The doctrine of original intent holds that (A) Supreme Court justices must emphasize independent and original thinking in considering constitutional matters (B) the meaning of the Constitution depends on the intention of the framers (C) cases selected for review by the Supreme Court must address an original and new concern not previously addressed by the Court (D) Supreme Court justices should avoid bias by documenting their original impressions of a case (E) the Supreme Court should review all treaties that alter previously established foreign policy

33. Answer The doctrine of original intent holds that (A) Supreme Court justices must emphasize independent and original thinking in considering constitutional matters (B) the meaning of the Constitution depends on the intention of the framers (C) cases selected for review by the Supreme Court must address an original and new concern not previously addressed by the Court (D) Supreme Court justices should avoid bias by documenting their original impressions of a case (E) the Supreme Court should review all treaties that alter previously established foreign policy

34. Question A major reason why the majority of Supreme Court justices have had political experience prior to appointment to the Court is that (A) justices are expected to act like politicians in their decision-making (B) Presidents seek to place individuals on the Court whose policy views are similar to their own (C) the Senate will refuse to confirm any nominee to the Court who is not familiar with the political process (D) appointment to the Supreme Court is a reward for political party loyalty (E) the Court is expected to defer to the political branches in making its decisions

35. Answer A major reason why the majority of Supreme Court justices have had political experience prior to appointment to the Court is that (A) justices are expected to act like politicians in their decision-making (B) Presidents seek to place individuals on the Court whose policy views are similar to their own (C) the Senate will refuse to confirm any nominee to the Court who is not familiar with the political process (D) appointment to the Supreme Court is a reward for political party loyalty (E) the Court is expected to defer to the political branches in making its decisions

36. 2005 FRQ-Judicial Branch Judicial Branch – Supreme Court rarely deviates too far from prevalent public opinion a) describe 2 things that insulate the Supreme Court from public opinion b) describe 2 things that keep the Supreme Court from deviating for too long

37. Where do you fall?

38. Questions?