AP AMERICAN GOVERNMENT. Chapter 14: The Judiciary

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1 AP AMERICAN GOVERNMENT Unit Five Part 2 The Judiciary 2 1 Chapter 14: The Judiciary The Federal Court System The Politics of Appointing Judges How the Supreme Court Makes Decisions Judicial Power and Its Limits Back to learning objectives 1

Unit Learning Objectives The Organization of Federal Courts 5.1 Outline the structure of the federal court system. The Politics of Appointing Judges 5.

2 Unit Learning Objectives The Organization of Federal Courts 5.1 Outline the structure of the federal court system. The Politics of Appointing Judges 5.2 Analyze the factors that play an important role in selecting judicial nominees. The Jurisdiction of the Federal Judiciary 5.3 Determine the basic constitutional powers of the federal judiciary. How the Supreme Court Decides 5.4 Trace the process by which Supreme Court decisions are reached, and assess influences on this process. Judicial Power and Its Limits 5.5 Assess the role of the judiciary in a constitutional democracy and the limits on judicial action. Jurisdiction Back to learning objectives 2

3 The Jurisdiction of the Federal Judiciary 5.3 Determine the basic constitutional powers of the federal judiciary. Civil Law A private party files the lawsuit as the plaintiff. Burden of proof is on the Plaintiff For the Plaintiff or For the Defendant by a preponderance of the evidence Remedy is Compensation Criminal Law The state or the people prosecute the case. Presumption of Innocence; burden of proof on the state Guilty or Not Guilty beyond a reasonable doubt Remedy is Punishment: Fines, Imprisonment, or Execution Article III List three examples of cases that would fall under the judicial power of the Federal Courts: 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; --and between a state, or the citizens thereof, and foreign states, citizens or subjects. Back to learning objectives 3

4 Federal Cases Federal question cases: involving the U.S. Constitution, federal law, the sea, or treaties The Constitution or Federal laws Treaties Ambassadors, other public ministers and consuls Admiralty and maritime jurisdiction The United States government Federal Cases Diversity cases: involving different states, or citizens of different states Two or more states A state and citizens of another state Citizens of different states citizens of the same state over property in a different state a state or citizen and foreign states or citizens Back to learning objectives 4

5 Article III What is Original Jurisdiction? The ability and authority to hear and decide cases for the first time based on hearing testimony and viewing evidence In contrast to hearing a case on appeal after a verdict has been rendered. Article III, Section 2 Under what circumstances does the Supreme Court have original jurisdiction? 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. Back to learning objectives 5

6 Article III, Section 2 Under what circumstances does the Supreme Court have original jurisdiction? In all cases dealing with ambassadors, other public ministers and consuls a state government In all the other cases the Supreme Court shall have appellate jurisdiction Back to learning objectives 6

7 Procedure How the Supreme Court Decides 5.4 Trace the process by which Supreme Court decisions are reached, and assess influences on this process. Term begins the first Monday in October Court has four week sessions: Sittings," two weeks for hearing arguments Recesses," two weeks for conferences and writing opinions. They hear as many as 24 cases each sitting. Back to learning objectives 7

8 Procedure The Justices hear arguments from October until the end of April During May and June, the Justices announce decisions From July through September, they read petitions for writs of certiorari and discuss cases for the next term. Writs of Certiorari Most cases arrive through a writ of certiorari Requires agreement of four justices to hear the case Involves significant federal or constitutional question Involves conflicting decisions by circuit courts Involves Constitutional interpretation by one of the highest state courts 7000 petitions, only around 100 granted Back to learning objectives 8

9 Standing to Sue There must be a real controversy between adversaries Harm must be demonstrated Actual Personal Class actions Expenses In forma pauperis Fee shifting Political Questions Sovereign immunity Current Cases before the Supreme Court Clapper v. Amnesty International Can citizens file suit if they reasonably fear the government is reading their sensitive communications? Windsor v. U.S. Does the Defense of Marriage Act violate equal protection guarantees in the Full Faith and Credit clause of Article I? Hollingsworth v. Perry Does the 14th Amendment prevent states from defining marriage as only between a man and a woman?. Nix v. Holder Is federal oversight of states with a history of discrimination under the Civil Rights Act of 1965 unwarranted and burdensome? Fisher v. University of Texas at Austin, Can universities take race into account as a factor in student admissions? Florida v. Jardines, Can police use a dog to sniff for drugs despite having no other hard information that illegal activity was occurring? Ryan v. Gonzales Does the defendant need to be mentally capable of assisting his own attorney in death penalty convictions? Kiobel v. Royal Dutch Petroleum, Can US courts hear lawsuits against foreign corporations for violations of human rights committed abroad? Oklahoma v. Barber Are state laws saying life begins at conception, and giving human embryos the rights and privileges of citizens constitutional? Back to learning objectives 9

10 Procedure Brief Precedent!!! Remedy Amicus Curiae Friend of the Court Oral Argument Plaintiff Defendant Inquiry by Justices Closing Arguments Rebuttal The Supreme Court in Action Lawyers submit briefs that set forth the facts of the case, summarize the lower court decision, gives the argument of their side of the case citing appropriate precedent, and suggests remedy Amicus Curiae briefs are submitted Oral arguments are given by lawyers after briefs are submitted Justices then question the attorneys Back to learning objectives 10

Inquisitorial and Adversarial Legal Systems Adversarial Systems Two or more opposing parties gather evidence Parties present their evidence and arguments to a judge or jury.

11 Inquisitorial and Adversarial Legal Systems Adversarial Systems Two or more opposing parties gather evidence Parties present their evidence and arguments to a judge or jury. The judge or jury knows nothing of the litigation until the parties present their cases. The judge acts as a referee on points of law. The judge or jury determine both the verdict and the remedy. Back to learning objectives 11

12 The Inquisitorial System In the INQUISITORIAL system, the presiding judge is not a passive recipient of information. The judge actively steers the search for evidence and questions the witnesses Attorneys play a more defensive role, suggesting arguments and precedents and answering the judge s questions. The judge determines the verdict and the remedy. Inquisitorial and Adversarial Systems Goal of both is to find the truth. The adversarial system seeks truth by pitting parties against each other in the hope competition will reveal it the adversarial system places a premium on the individual rights of the accused The inquisitorial system seeks the truth by questioning those most familiar with the events in dispute The inquisitorial systems places the rights of the accused secondary to the search for truth. Back to learning objectives 12

13 Inquisitorial and Adversarial Systems Lower courts are Adversarial; the Supreme Court is Inquisitorial. Justices question and cross-examine the attorneys Court Opinions Per curiam: brief and unsigned Opinion of the court: majority opinion Concurring opinion: agrees with the ruling of the majority opinion, but modifies the supportive reasoning Dissenting opinion: minority opinion Back to learning objectives 13

14 Judicial Power and Its Limits 5.5 Assess the role of the judiciary in a constitutional democracy and the limits on judicial action. Founders probably expected judicial review but did not expect the federal courts to play such a large role in policymaking But the federal judiciary evolved toward judicial activism, shaped by political, economic, and ideological forces Judicial Review Judicial review: the right of the federal courts to rule on the constitutionality of laws and executive actions It is the chief judicial weapon in the checks and balances system Marbury v Madison McCulloch v Maryland Back to learning objectives 14

15 Judicial Review Marbury v. Madison It is emphatically the province and duty of the judiciary to say what the law is, and a law repugnant to the Constitution is void. -John Marshall Chief Justice of the Supreme Court, Judicial Review McCulloch v. Maryland Congress has implied powers under the Elastic Clause Federal law is supreme over state law Back to learning objectives 15

16 Judicial Review Would Marshall have been considered an activist or a strict constructionist? Judicial Review Dred Scott v Sanford, 1857 Roger Taney Chief Justice of the Supreme Court, Back to learning objectives 16

Judicial Review Dred Scott v Sanford, 1857 THE DECISION The enumerated powers of the Constitution do not include the regulation of slavery All Federal laws

17 Dred Scott THE FACTS Dred Scott, a slave from Missouri, was taken by his master to Minnesota, a federal territory where slavery was illegal. Scott filed a lawsuit in federal court claiming that he was now free. Judicial Review Dred Scott v Sanford, 1857 THE DECISION The enumerated powers of the Constitution do not include the regulation of slavery All Federal laws prohibiting slavery are unconstitutional Slaves are not citizens, they are property. Therefore cannot file lawsuits cannot be taken from their masters without due process and adequate compensation Blacks are not citizens of the US and cannot ever be citizens Back to learning objectives 17

Judicial Review Dred Scott v Sanford, 1857 [Blacks] must be regarded as beings of an inferior order, and altogether unfit to associate with the white race, and having no rights which the white man

18 Judicial Review Dred Scott v Sanford, 1857 [Blacks] must be regarded as beings of an inferior order, and altogether unfit to associate with the white race, and having no rights which the white man was bound to respect.. -Roger Taney Chief Justice of the Supreme Court, Judicial Review Dred Scott v Sanford, 1857 Justice McLean s Dissent Article I, section 9 does imply federal power to regulate slavery There is no basis for the claim that blacks cannot be citizens. At the time of the ratification of the Constitution, black men could vote in ten of the thirteen states. This fact made them citizens not only of their states but of the United States. Back to learning objectives 18

19 Judicial Review Dred Scott v Sanford, 1857 Would Taney have been considered an activist or a strict constructionist? Activist Court The Warren Court Brown v Board of Education Miranda v Arizona Gideon v Wainwright Griswald v Connecticut Earl Warren Chief Justice of the Supreme Court, Back to learning objectives 19

Rick Perry s Constitutional Amendment Proposal 18 YEAR TERMS FOR FEDERAL JUDGES 2/3rds VOTE OF CONGRESS TO OVERRIDE JUDICIAL DECISIONS Arguments for Judicial Activism Courts should

20 Rick Perry s Constitutional Amendment Proposal 18 YEAR TERMS FOR FEDERAL JUDGES 2/3rds VOTE OF CONGRESS TO OVERRIDE JUDICIAL DECISIONS Arguments for Judicial Activism Courts should correct injustices when other branches or state governments refuse to do so Courts are the last resort for those without the power or influence to gain new laws Back to learning objectives 20

21 Arguments Against Judicial Activism Judges lack expertise in designing and managing complex institutions Initiatives require balancing policy priorities and allocating public revenues Courts are not accountable because judges are not elected Checks on Judicial Power Judges have no enforcement mechanisms Confirmation and impeachment proceedings Changing the number of judges Revising legislation Amending the Constitution Back to learning objectives 21

22 Public Opinion and the Courts Defying public opinion may be dangerous to the legitimacy of the Supreme Court Opinion in realigning eras may energize court Public confidence in the Supreme Court since 1966 has varied with popular support for the government generally What constitutes treason in this section 3? What is required to convict a person of treason? Why do you think Treason is the only specific crime that is mentioned in the Constitution? 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. Back to learning objectives 22

The Judicial System (cont d)

The Judicial System (cont d) Alexander Hamilton in Federalist #78: Executive: Holds the sword of the community as commander-in-chief. Congress appropriates money ( commands the purse ) and decides the