The Judicial Branch

Essential Question

What is the role of and how does the judicial branch of government work in the U.S.?

Article III of the Constitution established the judicial branch of government with the creation of the Supreme Court.

This court is the highest court in the country and vested with the judicial powers of the government.

There are lower Federal courts but they were not enumerated in the Constitution. Congress deemed them necessary and established them using power granted from the Constitution.

Judicial Branch

What does the Constitution say?

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 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.”

Article III: Sections 1 and 2

Types of courts

(Federalism) State and Federal Federal:

Constitutional courts Bankruptcy, military, tax courts

Constitutional courts: Trial

Civil and Criminal Appellate Supreme

U.S. Courts Link

How do cases get to the Supreme Court?

Screened by solicitor general & clerks Rules of access:

Controversy Standing Mootness

Writ of Certiorari Original jurisdiction Discretion

How do judges make decisions?

Stare decisis: let the precedent stand

Powers of the judicial branch

Constitution

Powers of the judicial branch

Constitution

Judicial Review: Marbury vs. Madison

Historical influence

Checks and balancesThe judiciary’s powers

Can declare laws and executive actions unconstitutional

Checks on the judiciary

Rules that limit standing in federal courts

No enforcement powers

Shaped by Congress and the president

Congress affects size and jurisdiction

The ‘Least Dangerous Branch’

“The interpretation of the laws is the proper and peculiar province of the courts…If there should happen to be an irreconcileable variance between [a law and the Constitution], that which has the superior obligation and validity ought of course to be preferred, or in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents…This conclusion [does not imply] a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both…”

Hamilton, Federalist 78

The ‘Least Dangerous Branch’

“The courts on the pretense of a repugnancy may [not] substitute their own pleasure to the constitutional intentions of the legislature. This might as well happen in the case of the two contradictory statutes…The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body…”

Hamilton, Federalist 78

The ‘Least Dangerous Branch’?

Judicial activism: Willingness to overturn precedent and laws

Judicial restraint: Deference to elected representatives and precedent

In pairs: Think of some examples of famous

Supreme Court cases. Did the Court make the right decision, in your mind, in those cases? Did it do so by overturning precedents and laws passed by elected bodies, or by refusing to do so?

Do you think that judges should be guided by judicial activism or judicial restraint? What are the dangers of an unelected judiciary that is happy to overturn laws and precedents? What are the dangers of interpretation that always defers to precedent?

Courts decide arguments about the meaning of laws, how they are applied, and whether they violate the Constitution (aka judicial review)

Judicial Review is this process that the judiciary uses to provide checks and balances on the legislative and executive branches.

Judicial Review

Judicial review is not an enumerated power given to the courts but it is an implied power.

In Marbury v. Madison (1803), the courts' power of judicial review was clearly articulated.

Judicial Review

The judicial branch hears cases that challenge or require interpretation of the legislation passed by Congress and signed by the President.

Consists of the Supreme Court and the lower federal courts.

Appointees to the federal bench serve for life or until they voluntarily resign or retire.

Basic Characteristics

The Supreme Court is the most visible of all the federal courts.

The number of Justices is determined by Congress rather than the Constitution, and since 1869, the Court has been composed of one Chief Justice and eight Associate Justices. Justices are nominated by the President and confirmed by the Senate.

Basics

John G. Roberts, Jr., Chief Justice John Paul Stevens Antonin Scalia Anthony Kennedy David Souter Clarence Thomas Ruth Bader Ginsberg Stephen Breyer Samuel Alito Jr.

Current Supreme Court

Primary function of courts in general and Supreme Court in particular

Mechanical jurisprudence—the view of judging

Laws often ambiguous

Interpreting the Law

Judges base decisions on precedents, laws Explain interpretations by invoking generally

accepted legal standards or yardsticks Can sometimes explain decisions by the

literal meaning of the words of text in question

Legal Interpretation

May refer to intent of the framers Previous court cases/precedents May base decisions on social or

political needs

**All enhance the credibility of decisions

Legal Interpretation

Dual Court System- There are 50 state court systems- One federal court system Each state has a state supreme court,

though some do not actually use the term "supreme court."

Structure & Jurisdiction

Lower courts include municipal courts, police courts, justices of the peace, and/or district magistrates.

The lowest courts in the state judicial hierarchy have limited jurisdiction in both civil & criminal cases.

State Courts

Trial courts with general jurisdiction

Most cases of a relatively serious nature start here

State Courts

Intermediate appellate courts Trial court decisions can be appealed here

State Courts

Sate Supreme Court or Court of Appeals--This court occupies the top position in the

state judiciary

State Courts

Three-level Pyramid

Federal Courts

1. The United States district courts are at the bottom of the triangle.

2. The United States court of Appeals are the middle.

3. The United States Supreme Court is at the top

Federal Courts

1. A case that is heard on original jurisdiction originates or starts in that court. It has not previously been heard in a lower court.

2. A case heard on appellate jurisdiction has already been heard elsewhere, and it is now being heard on appeal.

Court Jurisdiction

Federal courts have jurisdiction over cases involving federal parties (example: ambassadors, leaders, etc) or federal questions (examples: federal laws or treaties, interpretation of constitutional law)

Jurisdiction

1) Constitutional Courts—judges enjoy lifetime tenure; Article III

2) Legislative courts---Article I, Provide advisory opinions and perform other functions assigned to them by Congress

US Constitution

Only court explicitly outlined in Constitution Membership fixed by Congress Since 1869 the Court has had 9 members,

including a chief justice and eight associate justices

6 members are needed for quorum

Supreme Court

President nominates Lifetime appointment

Supreme Court

1. Chooses cases—no independent data, relies on briefs

2. Oral arguments heard over seven 2-week sessions

3. Conference Days—Private meetings/deliberation

Supreme Court Process

4) At meeting, they speak in descending order of seniority.

5) Take tentative vote in ascending order of seniority

6) Assign opinion writing—drafted and circulated to fellow justices for comment

Supreme Court Process

1. Per Curiam: Unsigned decisions of the Court that states the facts of the case and the ruling

2. Majority Opinion: written opinion of the majority stating reasoning for the decision, also called the Opinion of the Court

Supreme Court Opinions

3. Concurring Opinion: Can be authored by a justice who agrees with the outcome of a case but for different reasons; may go on record with own opinion; can influence future opinions; can lessen impact of majority opinion

Supreme Court Opinions

4. Dissenting Opinion: minority opinions; written by justices who dissent; may influence future decisions; can undermine majority opinion

5. Plurality opinion: in the absence of a majority opinion presents the reasoning of most of the justices who side with the winning party

Supreme Court Opinions