US Constitution Article 3 Judicial Branch Rhodes

US Constitution Article 3 US Constitution Article 3 Judicial BranchJudicial Branch

RhodesRhodes

Types of Jurisdiction Types of Jurisdiction

ORIGINALORIGINAL

A court in which a A court in which a case is first heard case is first heard has original has original jurisdiction over the jurisdiction over the case.case.

APPELLATEAPPELLATE

- A court that hears a case A court that hears a case on appeal from a lower on appeal from a lower court as appellate court as appellate jurisdiction over the jurisdiction over the case.case.

- The court that has this The court that has this jurisdiction may modify jurisdiction may modify the decision made by the decision made by the lower court.the lower court.

Types of JurisdictionTypes of Jurisdiction

GENERALGENERAL

--Means a court can Means a court can hear cases covering hear cases covering a variety of a variety of subjects.subjects.

LIMITEDLIMITED

-They specialize in -They specialize in certain kinds of cases. certain kinds of cases. Traffic courts only deal Traffic courts only deal with traffic violations.with traffic violations.

Types of JurisdictionTypes of Jurisdiction

EXCLUSIVEEXCLUSIVE

-Federal courts have this -Federal courts have this in cases that can only in cases that can only be heard in federal be heard in federal courtscourts

CONCURRENTCONCURRENT

--Cases that can be heard Cases that can be heard in both the federal and in both the federal and state courts allow both state courts allow both the state and the the state and the federal government to federal government to have concurrent have concurrent jurisdiction.jurisdiction.

Special Federal CourtsSpecial Federal Courts

Special courts have special Special courts have special jurisdictions.jurisdictions.

-U.S. Court of Appeals-U.S. Court of Appeals

-U.S. Court of International -U.S. Court of International AppealsAppeals

-U.S. Alien Terrorist Removal -U.S. Alien Terrorist Removal CourtCourt

-U.S. Tax Court-U.S. Tax Court

Special Federal CourtsSpecial Federal Courts

Special courts have special Special courts have special jurisdictions.jurisdictions.

-U.S. Court of Appeals-U.S. Court of Appeals

-U.S. Court of International -U.S. Court of International AppealsAppeals

-U.S. Alien Terrorist Removal -U.S. Alien Terrorist Removal CourtCourt

-U.S. Tax Court-U.S. Tax Court

Supreme Supreme CourtCourt

Top of the Top of the Judicial Branch Judicial Branch in the Federal in the Federal Government.Government.

Final say in all Final say in all matters dealing matters dealing with the with the United United States States ConstitutionConstitution..

JusticesJustices

Appointed by PresidentAppointed by President Advisors recommend candidatesAdvisors recommend candidates Professional backgroundProfessional background Political/social viewsPolitical/social views Collegiate careerCollegiate career

Confirmed by SenateConfirmed by Senate Advisors recommend candidatesAdvisors recommend candidates Professional backgroundProfessional background Political/social viewsPolitical/social views Collegiate careerCollegiate career

JusticesJustices

Life TermsLife Terms DeathDeath Resignation/retirementResignation/retirement ImpeachmentImpeachment

A day in the life…A day in the life…

CalendarCalendar First Monday in October-end of JuneFirst Monday in October-end of June

Selecting casesSelecting cases Original Jurisdiction-must hear these casesOriginal Jurisdiction-must hear these cases

State govt v. State govtState govt v. State govt Appellate JurisdictionAppellate Jurisdiction

Must deal with federal issueMust deal with federal issue Must impact majority of citizensMust impact majority of citizens

A day in the life…A day in the life…

Decide a case should be heardDecide a case should be heard Briefs are submittedBriefs are submitted Justices studyJustices study Oral argumentOral argument

DeliberationDeliberation Summarize main pointsSummarize main points Vote-majority winsVote-majority wins

A day in the life…A day in the life…

Opinions issuedOpinions issued Majority opinion-winning decision. Sets Majority opinion-winning decision. Sets

precedentprecedent Concurring opinion-agree with majority Concurring opinion-agree with majority

opinion but for different reasonsopinion but for different reasons Dissenting opinion-disagree with Dissenting opinion-disagree with

majoritymajority

Today’s Court……Today’s Court……

John RobertsJohn Roberts Chief Justice Chief Justice Appointed by Appointed by

George W. Bush.George W. Bush. Took his seat on Took his seat on

High Court on High Court on 9/25/059/25/05..

Graduate of Harvard Graduate of Harvard and Harvard Lawand Harvard Law

Born 1/27/55Born 1/27/55 Right leaning….Right leaning….

Antonin ScaliaAntonin Scalia Associate JusticeAssociate Justice Appointed by Ronald Appointed by Ronald

Reagan.Reagan. Took his seat on the Took his seat on the

High Court on 9/26/86.High Court on 9/26/86. Graduate of Graduate of

Georgetown and Georgetown and Harvard Law.Harvard Law.

Born 3/11/36.Born 3/11/36. RIGHT leaning…. RIGHT leaning….

Anthony KennedyAnthony Kennedy Associate JusticeAssociate Justice Appointed by Ronald Appointed by Ronald

Reagan.Reagan. Took his seat on the Took his seat on the

High Court on 2/18/88.High Court on 2/18/88. Graduated from Graduated from

Stanford and Harvard Stanford and Harvard Law.Law.

Born 7/23/36.Born 7/23/36. Moderate….Moderate….

Clarence ThomasClarence Thomas Associate JusticeAssociate Justice Appointed by Appointed by

George HW Bush.George HW Bush. Took his seat on the Took his seat on the

High Court on High Court on 10/23/91.10/23/91.

Graduate of Holy Graduate of Holy Cross and Yale LawCross and Yale Law

Born 6/23/48.Born 6/23/48. RIGHT leaning….RIGHT leaning….

Ruth Bader Ruth Bader GinsburgGinsburg

Associate JusticeAssociate Justice Appointed by Appointed by

William Clinton.William Clinton. Took her seat on Took her seat on

the High Court on the High Court on 8/10/93.8/10/93.

Graduate of Cornell Graduate of Cornell and Columbia Law.and Columbia Law.

Born 3/15/33.Born 3/15/33. LEFT leaning….LEFT leaning….

Stephen BreyerStephen Breyer Associate Justice.Associate Justice. Appointed by William Appointed by William

Clinton.Clinton. Took his seat on the Took his seat on the

High Court on 8/3/94High Court on 8/3/94 Graduate of Stanford Graduate of Stanford

and Harvard Law.and Harvard Law. Born 8/15/38.Born 8/15/38. LEFT leaning….LEFT leaning….

Samuel AlitoSamuel Alito

Associate Justice.Associate Justice. Appointed By George Appointed By George

W. Bush.W. Bush. Took his seat on the Took his seat on the

High Court on High Court on 1/31/06.1/31/06.

Graduate of Princeton Graduate of Princeton and Yale Law.and Yale Law.

Born 4/1/50.Born 4/1/50. Right leaning….Right leaning….

Sonia SotomayorSonia Sotomayor Associate JusticeAssociate Justice Appointed by Appointed by

Barack ObamaBarack Obama Took her seat on Took her seat on

the High Court on the High Court on 05/26/09.05/26/09.

Graduate of Yale Graduate of Yale LawLaw

Born 06/25/54.Born 06/25/54. Left leaning….Left leaning….

John Paul StevensJohn Paul Stevens Associate Justice.Associate Justice. Appointed by Barack Appointed by Barack

ObamaObama Took his seat on the Took his seat on the

High Court on High Court on 08/07/10.08/07/10.

Graduate of Graduate of Princeton, Oxford, Princeton, Oxford, Harvard Law.Harvard Law.

Born 4/28/60Born 4/28/60 Right leaning…. Right leaning….

Landmark Supreme Court Landmark Supreme Court CasesCases

Marbury v. MadisonMarbury v. Madison Supreme court gets judicial review-can Supreme court gets judicial review-can

declare laws unconstitutional (Checks declare laws unconstitutional (Checks and Balances)and Balances)

McCulloch v. MarylandMcCulloch v. Maryland Federal law trumps state lawFederal law trumps state law

Plessey v. FergusonPlessey v. Ferguson Separate but equalSeparate but equal

Landmark Supreme Court Landmark Supreme Court CasesCases

Brown v. Board of EducationBrown v. Board of Education Separate will never be equal. Overturns Separate will never be equal. Overturns

PlesseyPlessey

Miranda v. ArizonaMiranda v. Arizona Miranda Rights. You have to be notified Miranda Rights. You have to be notified

what your rights are.what your rights are.