Introduction to the Judicial Branch

Introduction to the Judicial Branch

• Article III of the U.S. Constitution established the judicial branch.
• The Constitution creates the Supreme Court.
• The Constitution allows Congress to establish lower courts.
• Federal judges, including Supreme Court justices, have lifetime appointments with "good behavior."
• The Constitution does not specify the number of Supreme Court justices.
• The Supreme Court has the power of judicial review.
• Judicial review is the power to declare laws and actions unconstitutional, established through Marbury v. Madison.
• The Dual Court System consists of two parallel court systems.
• Federal courts handle national and federal law.
• State courts handle state law.
• Cases involving federal issues can be appealed from state courts to the Supreme Court.
• Jurisdiction is a court’s authority to hear and decide a case.
• Original jurisdiction is the court's authority to hear and decide a case for the first time.
• Appellate jurisdiction is the power to review a case already decided by a lower court.
• There are a total of 94 District Courts.
• District Courts are trial courts with original jurisdiction.
• There are 13 Circuits of the Courts of Appeal.
• Courts of Appeal have appellate jurisdiction.
• Courts of Appeal can review lower court decisions.
• The Supreme Court is the highest court.
• The Supreme Court has both original and appellate jurisdiction.
• The Rule of 4 is an unwritten custom guiding Supreme Court case selection.
• Four judges must vote in favor of a case for it to be heard.
• The Supreme Court hears cases of national significance.
• The Supreme Court hears cases involving constitutional questions.
• Precedent is a past court decision that serves as an example or guide for future cases involving similar legal issues.
• Stare Decisis is a legal principle where courts should follow established precedent when making rulings.
• Case law is law based on judicial decisions.
• Briefs are written legal arguments.
• Amicus Curiae Briefs are "friend of the court" briefs.
• Oral Argument is when lawyers from each side present their case and answer questions about justices.
• Justices Meet in Private to discuss and vote on cases.
• Majority Opinion is the official ruling of the court.
• Concurring Opinion agrees with the majority but for different reasons.
• Dissenting Opinion disagrees with the majority.
• Per Curiam opinions are unsigned and issued by the court as a whole.
• Bush v. Gore (2000) is an example of a Per Curiam opinion that settled an election.

Becoming a Supreme Court Justice

• The President has the authority to nominate justices, according to Article II, Section 2, of the Constitution.
• Presidents tend to nominate individuals who share a similar ideology.
• Other considerations for nominees include: legal experience, prior rulings, academic background, and age.
• The White House Counsel's Office and the Department of Justice help vet candidates.
• The American Bar Association (ABA) may rate nominees as “Well Qualified,” “Qualified,” or “Not Qualified.”
• Presidents might consult with key senators regarding nominations.
• Presidents may use media to float names before nominations.
• Strategic purposes using the media include: Gauging public reaction, testing political opposition, and building support.
• Senate confirmation requires Senate Judiciary Committee Hearings.
• During hearings, the nominee testifies
• The nominee is asked about legal philosophy, past rulings, and controversies of the nominee by the senate.
• Confirmation requires a Full Senate Vote.
• A simple majority of 51 votes is needed.
• It used to be 60 voters because of filibuster.
• Some nominations face little opposition
• An example of a nomination with little opposition includes: Ruth Bader Ginsburg, confirmed 96-3 in 1993.
• Nominations can be highly contentious.
• An example of a contentious nomination includes: Brett Kavanaugh confirmed 50-48 in 2018.
• Swearing In involves administering a constitutional and judicial oath.
• The Oath of Office is administered by the Chief Justice.
• Justices serve for life.

Judicial Philosophy

• Judicial philosophy is the different approaches taken when interpreting the Constitution and shaping legal precedent.
• Judicial Activism: The Court can overrule other branches and actively shape policy, and is more likely to strike down policies and past rulings.
• Judicial Restraint: The Court should defer to democratically elected branches and the states whenever possible, with a limited role for justices, emphasizing stability and respect for past rulings.
• Constitutional philosophy is how to interpret the Constitution.
• Originalism: The Constitution should be interpreted based on its original meaning when written, decreasing federal power; Justices Scalia and Thomas.
• Living Constitution: The Constitution is intended to evolve and be interpreted in light of modern society, increasing federal power; Justices Breyer and Warren.

Bill of Rights and Civil Liberties

• The First Amendment protects freedom of religion, speech, press, assembly, and petition.
• The Second Amendment protects the right to keep and bear arms.
• The Third Amendment provides protection from quartering of soldiers in private homes during peacetime.
• The Fourth Amendment protects against unreasonable searches and seizures; warrants must be issued with probable cause.
• The Fifth Amendment protects the right to due process, protection against double jeopardy, self-incrimination, and eminent domain abuses.
• The Sixth Amendment guarantees the right to a speedy and public trial, an impartial jury, to be informed of criminal charges, to confront witnesses, and to have legal counsel.
• The Seventh Amendment guarantees the right to a jury trial in certain civil cases and inhibits courts from overturning a jury's findings of fact.
• The Eighth Amendment protects against excessive bail, excessive fines, and cruel and unusual punishment.
• The Ninth Amendment asserts that the enumeration of certain rights in the Constitution does not mean that people do not hold other rights too.
• The Tenth Amendment states that powers not delegated to the federal government are reserved to the states or the people.
• Civil liberties are protections of individual personal freedoms from arbitrary government interference.
• The Bill of Rights was created because Anti-Federalists feared the government would become too powerful.
• The first 10 Amendments protect individual liberties and limit the power of the federal government.
• Challenge involves finding balance between individual rights and government power.
• Rights are not absolute.
• Barron v. Baltimore (1833) involves a businessman arguing Baltimore violated his 5th Amendment rights by damaging his property without compensation.
• SCOTUS ruled that the Bill Of Rights applies to the federal government, not state or local governments, in Barron v Baltimore (1833).
• The 14th Amendment provides birthright citizenship, for every person born in the U.S.
• The 14th Amendment includes the due process clause, stating that no state shall deprive any person of life, liberty, or property without due process of law.
• Selective incorporation is the process of applying the Bill of Rights to the states on a case-by-case basis.
• At this point almost the whole Bill Of Rights has now been incorporated.
• Selective incorporation results in the reduction of state power.
• The Bill Of Rights is antimajoritarian.

Freedom of Religion

• The First Amendment includes the Establishment Clause, which prevents the government from establishing an official religion and prohibits government from giving preferential treatment for a certain religion.
• The First Amendment includes the Free Exercise Clause, which is the right to practice the religion of your choice.
• Engel v. Vitale (1962) involved NY public schools instituting a voluntary, non-denominational prayer.
• In Engel v Vitale (1962) the parents sued, arguing for the violation of the Establishment Clause.
• SCOTUS ruled 6-1 that school-sponsored prayer is unconstitutional and that the government cannot promote/endorse religion, in Engel v Vitale (1962).
• The precedent of Engel v Vitale (1962) states that Public schools cannot sponsor or promote religious activities.
• Wisconsin v. Yoder (1972) involved Wisconsin law requiring children to attend school until 16 years old, to which the Amish objected.
• The Constitutional Principle Involved in Wisconsin v. Yoder (1972) was the Free Exercise Clause.
• SCOTUS sided with Yoder (Amish) stating it did violate religion and that Amish life outweighed state interest, in Wisconsin v. Yoder (1972).
• The precedent of Wisconsin v Yoder (1972) strengthened religious exemptions from general laws when a compelling interest is lacking.
• The "Wall of Separation" Doctrine traces back to Thomas Jefferson’s letter to the Danbury Baptists.
• The "Wall of Separation" Doctrine says that the government should not promote or interfere with religion.
• The "Wall of Separation" Doctrine influences rulings on school prayer, religious displays, and public funds.

Freedom of Speech

• Restrictions on speech must be as limited as possible.
• Schenck v. United States (1919) involved Charles Schenck, a socialist, distributing anti-war pamphlets during WWI, urging resistance.
• The Constitutional Principle Involved in Schenck v. United States (1919) included the Espionage Act and the First Amendment.
• SCOTUS ruled that speech that presents a “clear-and-present danger” can be restricted, in Schenck v. United States (1919).
• The precedent of Schenck v. United States (1919) established the clear and present danger test.
• The "Clear and Present Danger" Test limits Speech that indicates harm or disrupts public order.
• Speech can be limited based on when, where, and how it is delivered, as per the Time, Place, and Manner Doctrine.
• Restrictions must be content-neutral and cannot favor or target new viewpoints.
• Restrictions must serve a significant public interest, such as public safety, order, or preventing disruptions.
• Includes political speech, speech on public issues, symbolic speech, and hate speech.
• Tinker v. Des Moines (1969) involved students wearing black armbands to school to protest the Vietnam War and getting suspended from school.
• First Amendment
• Tinker v. Des Moines (1969)
• SCOTUS sided with Free speech in schools
• Texas v. Johnson (1989): Johnson burned a flag as protest against the Reagan administration and got arrested.
• First Amendment Texas v. Johnson (1989)
• The court sided with Johnson stating the government could not limit expression. symbolic speech is covered under the first amendment.
• New York Times v. United States (1971) Nixon admin attempted to prevent NY Times and Washington Post from publishing Pentagon Papers.
• The First amendment was the Constitutional principle involved in New York Times v. United States (1971).
• The court sided with the newspapers and said this was unconstitutional. the government ca censor speech before it happens.
• Unprotected speech includes speech intended to incite “imminent lawless action."
• Defamation hard to win Libel written lies that damage a person’s reputation.
• Slander spoken lies that harm a person's reputation. based on community standards.

Second Amendment

• Prefatory Clause refers to “Well-regulated militia?”
• Also included in the refatory clause is “Right of the people?”
• D.C. v. Heller (2008) with the ABC law, the law banned handguns and required firearms to be unloaded/locked and disassembled- Heller challenged this .
• This case involves the 2nd amendment. the cout protects individuals which is ok the court ruled in favor of self defense. Not solely for military purposes Chicago (2010)
• Incorporated with states : Individual rights to firearms essential to self-defense + tyranny. Owners = law abiding citizens laws won't stop criminals to protect public. gun control laws Guns = more death

Eighth Amendment

applied inconsistency.

• Death halted death penalty nation. death penaltys can't new guidelines didn’t say yes is ok. as deterrent to crime prevent arbitrary

Rights of the Accused

and follow established legal procedures of life, liberty, or property are enforced the fairness of laws themselves prohibits unreasonable searches and seizures property or evidence document issued by judge searched that a crime has happened agrees to search be used in court of 4th Amendment Rule good faith

Exclusionary rule cont

a person the information of their rights you

Civil Rights and Amendments

guaranteed cannot Speech for you under law is treated equal

Social Movements and Beyond

led efforts to bring about social or political change like their rights have been denied to eliminate the wage gap discrimination of sex in any federally funded

Continued Civil Rights and Movements

in all public settings the Stonewall Riots orientation

Equality

segregation racial of slavery system discrimination of the court’s

Civil Rights Act

Context in Black civil vote

Equality cont

non-residents tuition

Judicail Review cases

The court must always and the 14th amedment to this. lawsuits must cases of this naure.