Topic 7 The Judicial Branch. Section One The National Judiciary

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1 Topic 7 The Judicial Branch Section One The National Judiciary

2 Under the Articles of Confederation Under the Articles of Confederation, there was no national judiciary. All courts were State courts

3 Under the Constitution The Judical Branch was created by Article III The Inferior or Lower Courts were created by Congress per Article I

4 Dual Court System National Judiciary More than 120 courts State Courts Thousands of courts Most of the cases in the country

5 Two Kinds of Federal Courts The Supreme Court created by the constitution Article III The Inferior Courts created by Congress (per authorization from the constitution Article I)

6 The Inferior Courts The Constitutional Courts (also called Article III courts) The Special Courts Created by Congress (also called Article I courts)

7 Constitutional Courts Courts formed by Congress under Article III of the constitution to exercise the judicial power of the United States Together with the Supreme Court include: District Courts (94) Courts of Appeals (13) U.S. Court of International Trade

8 Special Courts Do not exercise the broad judicial power of the United States Created by Congress to hear cases arising out of the expressed powers given to Congress in Article I of the constitution

9 Special Courts Include: U.S. Court of Federal Claims Territorial Courts Courts of the District of Columbia U.S. Tax Court U.S. Court of Appeals for the Armed Forces U.S. Court of Appeals for Veteran Claims

10 Jurisdiction To try and decide (literally to say the law ) Which court has the authority to hear the case

11 Constitution gives federal courts jurisdiction based on: Subject matter Concerns interpretation or application of a provision in the constitution or federal statute or treaty Concerns admiralty law (on the high seas or in U.S. territorial waters

12 Constitution gives federal courts jurisdiction based on: Parties involved, if any of the parties is: United States or one of its officers or agencies An ambassador, consul or official representative of a foreign government One of the 50 states suing a resident of another state, or a foreign government, or one of its subjects

13 Constitution gives federal courts jurisdiction based on: Parties involved, if any of the parties is: A citizen of one state suing a citizen of another state A U.S. citizen suing a foreign government or one of its subjects A citizen of one state suing a citizen of the same state where both claim land under grants

14 Original & Appellate Jurisdiction Court where a case is first heard is said to have original jurisdiction Court that hears an appeal from a lower court has appellate jurisdiction District Courts have only original jurisdiction; Courts of Appeal have only appellate jurisdiction Supreme Court can have both

15 Appointment of Judges The Constitution allows the President of the United States to appoint anyone as a federal judge subject to the approval of the Senate. Typically the President will choose someone with extensive legal background such as leading attorneys, legal scholars, law school professors, former members of Congress, or State judges

16 Appointment of Judges Typically, the President will seek someone with a similar political view to his own. The Constitutional Court judges are appointed for life terms and can only be removed through the impeachment process. Special Court judges are appointed for 15-, 8-, or 4-year terms, depending on which court

17 Two Basic Jurisprudence Approaches Judicial Restraint These are judges who try to decide a case based upon The original intent of the framers when they created the Constitution Based on Precedent Judicial Activism These are judges who believe cases should be decided in light of ongoing changes in conditions and values

18 Salary & Retirement Salary is set by Congress, may not be diminished during office. Can retire at age 70 with full pay if they have served at least ten years Can retire at 65 with full pay if they have served at least fifteen years. Chief Justice can call any federal judge out of retirement at any time to serve temporary duty in a lower federal court

19 Other Federal Judicial Offices U.S Magistrate Justice who handles minor civil complaints and misdemeanor cases that arise in urban areas Appointed by the Judges of the 94 Federal District Courts Serve 8-year terms Bankruptcy Judge Presides in bankruptcy cases Appointed by the Judges of each Federal Court of Appeals Serves 14-year terms

20 Other Federal Judicial Offices U.S. Attorney Appointed for each district court Serves as prosecutors, brings to trial those accused of federal crimes Appointed by the President Serves 4-year term U.S. Marshal Arrests persons for federal crimes Holds accused in custody Secures jurors Serves legal papers Keeps order in courtrooms Executes court orders and decisions Appointed by President Serves 4-year term

21 The Supreme Court

22 Presidents Appoint Supreme Court Justices Presidents always attempt to appoint Justices to the Supreme Court that mirror the President s political views They are often successful in this, but sometimes not, because potential appointees to the court never comment on how they might vote a particular issue that may come up before the court.

23 Presidents Appoint Supreme Court Justices Retired Associate Justice John Paul Stevens was a liberal justice, appointed by conservative Gerald Ford Retired Associate Justice David Souter was a liberal justice, appointed by conservative George H.W. Bush Current Associate Justice Anthony Kennedy is a moderate justice, appointed by conservative Ronald Reagan

24 The Current Supreme Court

25 Chief Justice John Roberts Appointed 2005 by George W. Bush Conservative

26 Associate Justices Anthony Kennedy Appointed in 1988 by Ronald Reagan Moderate

27 Associate Justices Clarence Thomas Appointed in 1991 by George H.W. Bush Conservative

28 Associate Justices Ruth Bader Ginsburg Appointed in 1993 by Bill Clinton Liberal

29 Associate Justices Stephen Breyer Appointed in 1994 by Bill Clinton Liberal

30 Associate Justices Samuel Alito Appointed in 2006 by George W. Bush Conservative

31 Associate Justices Sonia Sotomayor Appointed in 2009 by Barrack Obama Liberal

32 Associate Justices Elena Kagan Appointed in 2010 by Barrack Obama Liberal

33 Associate Justices Neil Gorsuch Appointed in 2017 by Donald Trump Anticipated Conservative, but has only served on the court for a few months

34 Balance of the Court Liberal Moderate Conservative Stephen Breyer Ruth Bader Ginsburg Sonia Sotomayor Elena Kagan Anthony Kennedy John Roberts Neil Gorsuch Clarence Thomas Samuel Alito

35 Topic 7 The Judicial Branch Section Two The Supreme Court

36 The Supreme Court The only court specifically created by the Constitution Consists of the Chief Justice of the United States and eight Associate Justices Congress determines the number of justices, has held steady at 9 since 1869

37 Judicial Review All of the Constitutional Courts which include the Supreme Court, the Courts of Appeal, the District Courts and the U.S. Court of International Trade have the right of judicial review which is the right to declare laws or acts unconstitutional. Judicial review was first instituted in the case of Marbury v. Madison

38 Marbury v. Madison The Players John Adams outgoing Federalist President Thomas Jefferson incoming Democratic-Republican President

39 Marbury v. Madison The Players James Madison incoming Secretary of State William Marbury appointed by President Adams Justice of the Peace for District of Columbia and confirmed by the Senate

40 Marbury v. Madison The Players John Marshall Chief Justice of the United States Supreme Court

41 Marbury v. Madison The Case The night before leaving office, Adams, a Federalist, signs several judicial commissions which were confirmed by the Senate Angered by Adams actions, Jefferson orders Madison to withhold any commissions not yet delivered

42 Marbury v. Madison The Case Hoping to force Jefferson to give him the judgeship. Marbury files suit in the Supreme Court, arguing that the Judiciary Act of 1789 allows him to take his case directly to the Supreme Court. He asks for a writ of mandamus, to force Madison to deliver his commission.

43 Marbury v. Madison The Case John Marshall, a Federalist himself is sympathetic to Marbury s situation, but if he orders Jefferson s administration to deliver the commission, Jefferson, a Democratic-Republican will probably ignore the order. The Supreme Court is very weak at that point and cannot enforce its rulings.

44 Marbury v. Madison The Decision Marshall, writing for the unanimous court, declares that the Judiciary Act violates Article III, section 2 and is therefore unconstitutional. Marbury loses, having based his case on an unconstitutional law

45 Marbury v. Madison The Impact The case established the Supreme Court s power of judicial review it s power to determine the constitutionality of a governmental action. The power extends to all governments in the United States national, state and local. The Court s decision in Marbury assured the place of the judicial branch in the system of separation of powers.

46 Major Legislation Declared Unconstitutional

47 Laws Overturned By Courts

48 Jurisdiction The Supreme Court is the only court that has both Original Jurisdiction and Appellate Jurisdiction. It has exclusive and original jurisdiction over two kinds of cases: Controversies involving two or more States All cases brought against ambassadors or other public ministers, but not consuls

49 How Cases Reach the Supreme Court A case is appealed to the Supreme Court from a lower court (appellate jurisdiction) or The Supreme Court agrees to hear a case directly (original jurisdiction).

50 Appealing to the Supreme Court

51 Appeals Most cases appealed to the Supreme Court are done so from Federal appeals Courts or from State Supreme Courts A few come directly from Federal District Courts and very few from the Court of Appeals for the Armed Forces

52 Appeals About 10,000 cases are appealed to the Supreme Court every year About half of the cases are disposed of by brief orders (e.g., the Court may remand (return) the case back to the lower court in light of some other recent and similar case decided by the High Court.

53 Appeals The court agrees to hear cases based upon the rule of four, that is if at least four justices agree they would like to have the case put on the docket (docket means the calendar of cases before a court) The Court agrees to hear less than 100 cases per year, usually when it involves a constitutional issue or a serious problem with the interpretation of a statute.

54 Appeals Most cases reach the Supreme Court by writ of certiorari directing a lower court to send the case up for review. A few cases reach the court by certificate, the process used when a lower court is not clear about a procedure or rule of law that should apply in a case

55 Choices of Action in Appeal Allows the lower court ruling to stand Sends the case back to the lower court to reconsider it. Agrees to hear the case

57 Briefs Prior to oral arguments in the Supreme Court, each side files a brief with the court. The brief is a document which lays forth each side s argument, complete with a listing of similar cases which have already been decided as precedents. The court may also accept amicus or friend of the court briefs by other interested parties.

58 Solicitor General The Solicitor General represents the United States in all cases before the Supreme Court He or she also decides which cases the government will appeal to the Supreme Court

59 Opinions The Court s opinion in a case is usually called the majority opinion. Some justices may write a concurring opinion, an opinion that agrees, but adds or emphasizes a point not made in the majority opinion. One or more justices may write a dissenting opinion, a opinion that does not agree with the majority decision of the Court.

60 Topic 7 The Judicial Branch Section Three The Inferior Courts and The Special Courts

61 Federal District Courts There are 94 District Courts, 89 are in the 50 States. The additional District Courts are in Washington D.C., Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands. These are constitutional courts that have original jurisdiction who hear 80% of all federal cases, criminal and civil.

62 Federal District Courts Most cases in District Court are heard by one judge, but some have multiple-judge panels. Two such courts that operate in secrecy are: Foreign Intelligence Surveillance Court (FISA) issues secret search warrants on persons suspected of spying or terrorism Alien Terrorist Removal Court has power to decide if Aliens identified as terrorsits are deported.

63 Federal Courts of Appeal There are 13 Federal Courts of Appeal These courts have appellate jurisdiction only and usually hear cases appealed from the district courts, Washington D.C courts, the U.S. Tax Court, and the territorial courts.

64 U.S. Court of International Trade This court tries all civil (not criminal) cases arising out of the nation s customs and trade laws. This court has original jurisdiction

65 Court of Appeals for the Federal Circuit Hears appeals from the Court of International Trade, the U.S Court of Federal Claims and the U.S. Court of Appeals for Veteran Claims. Appellate jurisdiction only

66 The Court of Federal Claims and the Territorial Courts The Court of Federal Claims The U.S. Court of Federal Claims handles all pleas against acts of the United States government. Those who have claims against the United States can possibly secure redress satisfaction of a claim, usually through payment through this court. The Territorial Courts Under its power to govern the territories of the United States, Congress created courts for the nation s territories. These courts are in places such as Guam and the Virgin Islands, and function much like the local courts in the 50 States.

67 The District of Columbia Courts and the U.S. Tax Court The District of Columbia Courts As directed in the Constitution, Congress established a system of courts for the Seat of Government of the United States. The District of Columbia handles all local judicial matters for the district, including trials and appeals. The United States Tax Court The U.S. Tax Court was created by Congress in The Tax Court hears civil but not criminal cases involving disputes over the application of the tax laws. Its decisions may be appealed to the federal courts of appeals.

68 Military Appeals Courts The Court of Appeals for the Armed Forces This court is a civilian tribunal, a court operating as part of the judicial branch, entirely separate from the military establishment. The court reviews the more serious convictions of members of the armed forces at a court-martial, or trial involving military law. The Court of Appeals for Veterans Claims The Court of Appeals for Veterans Claims hears cases in which individuals claim that the Department of Veterans Affairs has denied or otherwise mishandled valid claims for veterans benefits.

69 Military Commissions In 2001 President George W. Bush established military commissions by executive order to try enemy combatants (suspected terrorists) captured on the battlefield. Supreme Court found in a 2006 decision that these commissions had been improperly set up, could only be established by Congress. 2.Congress passed the Military Commission Act of 2006

70 Military Commissions President Obama suspended their actions and ordered the closure of Guantanamo Bay operations, but Congress resisted and some prisoners still remain there

71 Court of Appeals for Veterans Affairs This is the court where veterans can appeal if the VA denies or mishandles their claims. Appeals from decisions of this court may be taken to the Court of Appeals for the Federal Circuit

Chapter 18: The Federal Court System Section 1

Chapter 18: The Federal Court System Section 1 Origins of the Judiciary The Constitution created the Supreme Court. Article III gives Congress the power to create the rest of the federal court system,