The Judicial Branch

Chapter 10

What part of the Constitution lists the judicial powers?

Article III

U.S. Constitution- Article III

Section 1. The judicial Power of the United States,

shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section 2. The judicial Power shall extend to all Cases, in Law and Equity, arising

under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

U.S. Constitution- Article III

Section 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

U.S. Constitution- Article III

The 11th Amendment

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

(It changes the jurisdiction of the Federal Courtsset forth in Article III)

(It was added to overturn a Supreme Court decision in Chisholm v. Georgia )

Judiciary Act of 1789 set up a system of federal district

courts and circuit courts part of it was ruled unconstitutional

in Marbury v. Madison

Did you know the Judiciary Act of 1789 was the first law ever passed by Congress…

AND…the first law ruled unconstitutional by the Supreme Court?

No, It was actually the sixth act of Congress…Oh, well. What do I

know? I’m just a bill.

Terms jurisdiction- the power of a court to

hear a certain case original jurisdiction- the power of a

court to hear a case first appellate jurisdiction- the power of a

court to review a lower court decision judicial power- right of a court to

decide legal cases

What was judicial principle was established by the decision in

Marbury v. Madison?

judicial review the power of the court to rule an act

unconstitutional

Judicial Review

the power of the Supreme Court to overturn laws

NOT specifically listed in the Constitution

established by the ruling in Marbury v. Madison- 1803

Federal Courts(the basic structure)

Supreme Court-appellate jurisdiction

-limited original jurisdiction

Circuit Court of Appeals

-appellate jurisdiction only

District Courts-original jurisdiction

Federal Court System(more complicated structure)

Original Jurisdiction

Cases

Appeals from States

Federal & State courts

Which is the highest court in the U.S.?

the Supreme Court of the United States

(SCOTUS)

How are federal judges chosen?

appointed by the president confirmed by the Senate

How long is the term for a federal judge?

“…a term of good behavior.” a lifetime appointment until the judge dies, retires, resigns, or is impeached and removed

How many justices serve on the Supreme Court of the United

States?

9 1 Chief Justice 8 Associate Justices

Elena Kagan replaced Stevens

Supreme Court Procedure1. Court decides to hear the case

About 10,000 petitions each year, the court accepts about 160 -200 per year

2. Submitting briefseach side submits their legal arguments in writing

3. Oral ArgumentsEach side has 30 minutes of Q & A with the nine justices

4. ConferencePrivate meeting of justices. The chief justice speaks first and votes last

5. Assigning opinions/circulating draftsan opinion of the majority is written (and re-written) over a period of time. Others may write a concurring or dissenting opinion

6. Announcement of opinionThe decision is made public and the opinion is read

What type of vote is required for decisions by the Supreme Court?

a simple majority usually 5-4

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/landmarkvotes.html

When making a decision, what factors should influence how the

justices vote? the Constitution court precedent the intent of the law when it was enacted

by Congress

NOT by… what the president or the Congress wants what a majority of the people want by public

opinion polls “Tyranny of the majority”

Who makes the final decision about what the Constitution means?

the Supreme Court of the United States

How can a Supreme Court decision be overturned?

a constitutional amendment i.e. 16th Amendment (Income Tax), 11th Amendment (lawsuits vs. citizens from

other states) Flag burning Amendment??? (not yet)

the court can overturn itself with a later decision i.e. Brown v. Board (racial segregation is

unconstitutional) overturned Plessy v. Ferguson (separate but equal)

Criminal Trialprosecution v.

defendant

prosecution- a government body that brings charges

defendant- an individual who is charged with a crime in criminal trial court

Civil Trialplaintiff v. defendant

plaintiff- an individual or group that brings a complaint against another party in a civil trial court

defendant- an individual or group that answers a complaint in a civil trial court

Appeals Caseappellant v. respondent

appellant- an individual or group that requests a higher court to review the decision of a lower court

respondent- an individual or group that is compelled to answer the claims or questions posed in court by an appellant

What is judicial activism? ...judicial restraint?

judicial activism an effort by judges to take an active role in

policymaking by overturning laws relatively often

judicial restraint an effort by judges to avoid overturning laws

and to leave policymaking up to the other two branches of government

What does the Constitution require for a person to be convicted of

treason?

a confession or two witnesses who testify to an overt act