Chapter 7: The Judicial Branch
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1 Chapter 7: The Judicial Branch US Government Week of January 22, 2018
2 [T]he judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks...[t]he general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive. For I agree, that there is no liberty, if the power of judging be not separated from the legislative and executive powers. And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments The Federalist, No. 78
3 What Is The Judicial Branch? Branch of government concerned with interpreting laws Consists of Supreme Court and inferior courts Trial courts: U.S. District Courts Hear both criminal and civil federal cases Appellate courts: U.S. Courts of Appeals Courts of Special Jurisdiction: include U.S. Tax Court, trial and appellate military courts, and others
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5 Jurisdiction in the Federal Court System What cases can federal courts hear? Jurisdiction: the authority of the court to hear (try and decide) certain cases Must involve a federal question People: must involve the United States or a US officer or agency, a state, or citizens of two different states Exclusive jurisdiction: only a federal court may try the case Concurrent jurisdiction: case may be tried by federal or state courts Original jurisdiction: the power to hear a case for the first time. Held by trial courts such as district courts Appellate jurisdiction: the power to hear appeals, held by Courts of Appeals Supreme Court has both original and appellate jurisdiction Courts may not initiate action; must wait for litigants
6 Federal Judges How are federal judges selected? Who else works in federal courts? The president appoints all federal judges, with the consent of the Senate Senatorial courtesy: the practice of submitting a judicial nominee's name to senators from that state, for approval Judges serve for life, "during good behavior President also appoints US Attorneys for each judicial district Appointments become political: judges are often chosen based on party affiliation and judicial philosophy Judicial restraint: the belief that judges should follow the original intent of the Framers, as well as precedent (decisions that serve as guides) Judicial activism: the belief in a broader view of judicial power, that the Constitution should be interpreted in light of changes in conditions and values Judges also have clerks who assist in reading briefs and writing opinions
7 Background of the Justices How many women have served? Four: Sandra Day O Connor, Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan How many Native Americans have served? None How many African Americans have served? Two: Thurgood Marshall and Clarence Thomas How many Asian Americans have served? None How many Latinos have served? One: Sonia Sotomayor
8 Federal Judges' $alary (2017) District judges: $205,100 Circuit judges: $217,600 Associate Supreme Court judges: $251,800 Chief Justice: $263,300
9 The Supreme Court While the Supreme Court has both original and appellate jurisdiction, the vast majority of the 8,000-10,000 cases appealed each term October to July are appeals from lower courts The court chooses its own cases Writ of certiorari: an order to a lower court to send the record for review If denied, lower court decision stands When the court accepts a case, lawyers submit briefs Brief: written statement setting forth facts, legal arguments, and precedents supporting one side Amicus curiae: "friend of the court," briefs submitted by parties not involved, but have an interest in the outcome
10 The Supreme Court, Part II: Arguments and Decisions Oral arguments last 30 minutes and justices may ask questions Justices meet in conference to discuss cases, present views and reach conclusions Solicitor general: appointed by President, represents federal government before court Determines whether government should appeal lower decisions (US is involved in 2/3rds of cases) Opinion: statement of facts, ruling of court, reason for ruling Just as important as the decision Four kinds: unanimous, majority, concurring, dissenting Per curiam: brief, unsigned statement of court's decision
11 Limits on Supreme Court Does not give equal attention to all areas of public policy Limits on types of cases Only cases where decision will make a difference Does not give advisory opinions Plaintiff must have suffered real harm Cases involve substantial federal question Limited control of agenda: can only decide on cases from elsewhere in legal system Lack of enforcement power
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