Judicial Branch Unit

Judicial Branch Unit

SSCG13 Demonstrate knowledge of the opera8on of the judicial branch of government. 13a. Describe the selec8on and approval process for federal judges.

Federal Judge/Jus4ce Selec4on Ar4cle II Sec4on 2 Clause 2 gives the president appointment power to nominate all federal judges & Supreme Court Judges The Senate must vote to approve (confirm)all presiden4al appointments. Federal judges/jus4ces serve a life4me term un4l they re4re, die, resign or are removed through impeachment As a result, judicial appointments can have major impact long aier the elec4on cycle

Steps to Federal Judicial Nomina4on 1. a vacancy occurs when a judge dies, re4res, resigns, or is removed 2. The president consults Senators from the state where the vacancy occurred to get recommenda4ons on poten4al candidates 3. poten4al candidates are thoroughly vemed & extensive background checks are done VeRng process includes the candidates legal qualifica4ons, employment history, case decisions, tax compliance, reputa4on with others, medical examina4on results, & criminal background history

Steps to Federal Judical Nomina4on 4. Nomina4on is made & process goes to Senate Judiciary CommiMee 5. Senate Judiciary CommiMee conducts hearings & commimee members ask ques4ons 6. Senate Judiciary CommiMee votes. If a majority of commimee members approve, the nomina4on is forwarded to the full Senate for considera4on 7. Senate majority leader schedules a full Senate vote & debates take place

Steps to Federal Judical Nomina4on 8. Full Senate votes & nominee is confirmed with a majority vote 9. Life4me appointment begins aier president signs nominee s commission.

Steps to Federal Judical Nomina4on The process can take weeks or months Most federal judges are leading amorneys, legal scholars, law school professors, and state court judges The President usually chooses a candidate from his poli4cal party The president usually chooses someone with similar views on economic, social, & legal issues

Steps to Federal Judical Nomina4on A candidates use of judicial ac4vism or judicial restraint is also a factor Federal judges can only be removed by impeachment They are given life4me appointments to ensure independence of the federal judiciary & reduce the chance that decisions are based on poli4cs or pressure

13b. Explain the jurisdic8on of the Supreme Court, federal courts and the state courts.

Jurisdic4on Jurisdic4on is the authority of a court to hear, try, or decide a case Exclusive jurisdic4on- a par4cular court has the only authority to hear a case Original jurisdic4on-a court where a case is heard first Concurrent jurisdic4on-when a case can be heard in either federal or state court; this could occur in a dispute between ci4zens of different states if the amount of money at issue is greater than $75,000 Appellate jurisdic4on-when a court hears a case on appeal from a lower court

Jurisdic4on U.S. Supreme Court is the highest federal court; established by Ar4cle III of the Cons4tu4on It is the court of last resort & its decisions cannot be appealed It has original jurisdic4on in cases between states or cases involving ambassadors or public ministers It has appellate jurisdic4on on almost any other case on appeal involving points of cons4tu4onal or federal law

Jurisdic4on Federal courts are limited in jurisdic4on and may only hear cases authorized by the U.S. Cons4tu4on or concerning federal statutes Federal courts have exclusive jurisdic4on in cases involving an ambassador or a foreign government, a person charged with a federal crime, infringement of copyright/patent, or any other case arising out of an act of Congress State courts have general jurisdic4on which means they can hear cases not selected for federal courts. State courts interpret state laws.

Jurisdic4on Scenarios Scenario 1. Louisiana and Mississippi have a dispute over the water rights along their common border and the case goes directly before the Supreme Court 2. A building contractor in Georgia is sued by a homeowner in Alabama because his home (worth about $150,000) was destroyed by fire as a result of faulty electrical work. 3. The Iranian ambassador to the U.S. is tried for aiding Al-Quaeda terrorists in an amempted bomb amack on the U.S. capitol 4. Mr. Smith goes to court in the U.S. Tax Court with a claim that the IRS did not give him an appropriate refund amount. The tax court decides against Mr. Smith so he takes his to the Federal Courts of Appeal. 5. Mr. Jones is tried in federal district court for interna4onal drug trafficking. His lawyer claims that the D.E.A agents illegally acquired evidence without first obtaining a legal search warrant & wants the case dismissed. Type of Jurisdic8on & Explana8on

Jurisdic4on Scenarios Scenario Type of Jurisdic8on & Explana8on 1. Louisiana and Mississippi have a dispute over the water rights along their common border and the case goes directly before the Supreme Court 2. A building contractor in Georgia is sued by a homeowner in Alabama because his home (worth about $150,000) was destroyed by fire as a result of faulty electrical work. 3. The Iranian ambassador to the U.S. is tried for aiding Al-Quaeda terrorists in an amempted bomb amack on the U.S. capitol 4. Mr. Smith goes to court in the U.S. Tax Court with a claim that the IRS did not give him an appropriate refund amount. The tax court decides against Mr. Smith so he takes his appeal to the Federal Courts of Appeal. 5. Mr. Jones is tried in federal district court for interna4onal drug trafficking. His lawyer claims that the D.E.A agents illegally acquired evidence without first obtaining a legal search warrant & wants the case dismissed. Supreme Court has original & exclusive jurisdic4on over cases involving states. The homeowner can sue in either state or federal court since the mamer involves property in excess of $75,000 so jurisdic4on is concurrent. Supreme Court has original & exclusive jurisdic4on over cases involving foreign ambassadors. The purpose of the Federal Courts of Appeal is to have appellate jurisdic4on in cases from other federal courts or district courts in their circuit The federal district court has original jurisdic4on but the lawyer will likely appeal to the Court of Appeals which will have appellate jurisdic4on

U.S. Supreme Court The Supreme Court of the United States is the highest judicial body in the United States the ul8mate appellate court. It consists of the Chief Jus8ce of the United States and eight Associate Jus8ces, who are nominated by the President and confirmed by the Senate. Serve life8me term "during good Behaviour, which terminates only upon death, resigna8on, re8rement, or convic8on on impeachment

U.S. Supreme Court The Court meets in Washington, D.C. in the United States Supreme Court building. The Supreme court is primarily an appellate court but has original jurisdic8on in cases affec8ng Ambassadors, other public ministers and consuls, and those in which a state shall be a party

Supreme Court Procedures In session from first Monday in October through June or July Session divided into 2 week blocks: During first block Court hears cases on the bench 2 nd block: make rulings, decide future cases to hear, issue orders in minor case Jus8ces are assisted by law clerks who do research, evaluate case requests, write draws of opinions; typically 4 clerks per jus8ce

Supreme Court Case Selec4on Select cases from three sources: Original Jurisdic4on: US government, foreign ambassadors, between states, between state & ci4zen of another state/country On appeal from Federal Court of Appeals: party from an appeals court case ask Supreme Court for a writ of cer4orari (order to review a lower court case); if cer4orari is not granted, lower court ruling stands Appeals from highest state courts on ques4ons of the Cons4tu4on or federal law

Supreme Court Case Selec4on About 100 or more cases chosen each term 4 jus4ces must vote in favor of hearing a case in order for it to be placed on the docket-rule of four Usually about 8,000 or more requests for cer4orari

Supreme Court Case Selec4on The Supreme Court decides to hear a case on three major factors. (1.) Whether it was an appeal by the federal court and is in conflict with the decisions of other circuits, (2.) the general importance of the case, and (3.) whether the lower court's decisions may be wrong in light of the Supreme Court's opinions.

Supreme Court Procedures: Briefs & Arguments Par4es present wrimen arguments (briefs) to explain their side of the case Amicus Curiae (friend of the court) briefs are from outside par4es with interest in the case A good brief gives previous case rulings (precedent) to support a par4cular point of view. Clear & convincing legal arguments

Supreme Court Procedures: Briefs & Arguments Oral Arguments: Lawyers have 30 minutes to argue before the jus4ces; Chief Jus4ce presides Jus4ces ques4on counsel for weaknesses in each side s argument

Opinions AWer arguments, jus8ces meet to discuss/decide case. This is called being in conference. The Chief Jus8ce presides over the mee8ng. The Chief Jus8ce speaks first then each associate jus8ce summarizes his/her views in order of seniority. AWer discussion and debate, the jus8ces vote on the case A quorum of 6 jus8ces is required to hear a case & decisions are based on majority votes.

Opinions An opinion explains why the court has overturned or supports a lower court decision; it is the formal judgment of the Supreme Court If the Chief Jus8ce is in the majority, he assigns the wri8ng of the opinion. If not, the most senior judge in the majority opinion assigns wri8ng of the opinion to another judge in the majority Individual jus8ces may write concurring or dissen8ng opinions

Opinions Majority opinion: signed by at least 5 of the 9 members; represents the court s actual ruling on the case Concurring opinion: agrees with overall conclusion of the case but stresses a different or addi8onal legal reasoning Dissen8ng opinion: held by the minority of jus8ces who disagree with the ruling

Court Orders Plenary review: full review of cases complete with briefs, oral arguments, & wriden decisions Courts orders: directs a lower court to reconsider a case in light of a specific Court decision; no briefs, oral arguments, or wriden opinions

The Supreme Court can transfer the case back to the court of appeals, affirm the trial court s decision, reverse the trial court's decision or remand (send) the case back to the trial court for further proceedings.

Marbury v. Madison 1803 SSCG13 Demonstrate knowledge of the opera8on of the judicial branch of government. 13c. Examine how John Marshall established judicial review through his opinion in Marbury v. Madison and relate its impact.

Marbury v. Madison 1803 In the 1800 presiden4al elec4on, Thomas Jefferson, a Democra4c- Republican Candidate, defeated the Federalist Party incumbent John Adams. Since the Federalist Party would be losing the advantage in both the White House and in Congress, Adams appointed 58 loyal Federalist Party members to judgeships John Marshall was Adams Secretary of State & was responsible to deliver the commissions by the end of the day March 3 (before midnight March 4) 1801. All commissions were signed and sealed but 4me ran out and Marshall was unable to deliver 17 commissions On March 4, 1801 Jefferson took office and instructed his new secretary of state, James Madison, NOT to deliver the 17 remaining commissions.

Marbury v. Madison 1803 The judges could not actually take office without their commissions and Jefferson did not want Federalist judges in these posi4ons William Marbury had been appointed & confirmed as the Jus4ce of the Peace of Washington, D.C. but was one of the 17 that did not receive his commission As a result, he sued Madison in the Supreme Court for not delivering his commission based on the Judiciary Act of 1789 which said the Supreme Court could issue writs of mandamus, or court orders requiring an official to perform or not perform a duty. In this case, the order would be for Madison to deliver the commission to Marbury

Marbury v. Madison 1803 John Marshall, who had failed to deliver the commissions in the first place, was the new Chief Jus4ce of the Supreme Court. This case presented the Supreme Court with a dilemma: If the Court required Madison to deliver the commissions and he refused, the court would look weak because it would have no authority to make him do so On the other hand, if the court did not require Madison to deliver the commissions, it would appear that the Court acted out of fear that Madison would not obey their decision

Marbury v. Madison 1803 John Marshall, who had failed to deliver the commissions in the first place, was the new Chief Jus4ce of the Supreme Court. The court unanimously decided Marbury was en4tled to his commission but that Madison was not required to deliver the commission to Marbury. The court s reasoning was that it did not have authority under the Cons4tu4on to have original jurisdic4on to issue a writ of mandamus but only appellate jurisdic4on; This meant a law of Congress was in effect amending the Cons4tu4on without going through the amendment process outlined in Ar4cle V; as a result, this por4on of the Judiciary Act of 1789 was declared uncons4tu4onal

Marbury v. Madison 1803 The ul4mate effect of the Supreme Court s decision in Marbury v. Madison was to establish the principle of judicial review---this is the Supreme Court s authority to strike down (declare uncons4tu4onal) any law that conflicts with the Cons4tu4on

Marbury v. Madison 1803 Through this decision, Chief Jus4ce Marshall established the judicial branch as an equal partner with the execu4ve and legisla4ve branches By refusing to require Madison and Jefferson to deliver the commission to Marbury, he did not give Madison the opportunity to disobey the Court, making it look weak. By declaring the Court s power through the principle of judicial review, he made it clear that the jus4ces did not make their decision out of fear. Instead, he announced that the Cons4tu4on is the supreme law of the land, and established the Supreme Court as the final authority for interpre4ng it.