Judicial Branch PowerPoint PDF

 The Judicial Branch is the national system of courts that interpret and apply Federal laws (the individual states each have their own state court system and these state courts hear most of the nation’s cases) What is the Judicial Branch?  One of the major weaknesses of...

 The Judicial Branch is the national system of courts that interpret and apply Federal laws (the individual states each have their own state court system and these state courts hear most of the nation’s cases) What is the Judicial Branch?  One of the major weaknesses of the Articles of Confederation was that there was no national court or judiciary  Article III of the Constitution creates a Judicial Branch Article III for Dummies  Article III Section 2 of the Constitution establishes the jurisdiction (area of authority to hear a case) The Judicial Branch hears cases dealing with a violation of the Constitution the breaking of a Federal law a violation of a U.S. treaty a foreign nation suing the U.S. government or a U.S. citizen foreign ambassadors and consuls  crimes committed on U.S. ships at sea crimes committed on Federal property disagreements between states lawsuits between citizens from different states cases appealed from state Supreme Courts  Exclusive jurisdiction - a court has sole authority to hear a case  Concurrent jurisdiction - two or more courts (Federal or state) have the authority to hear a case  Original jurisdiction - a court where the case must be heard first  Appellate jurisdiction - a court that hears an appeal of a case decided on by a lower court  The Constitution established a Dual Court System with 2 types of Federal Courts: Supreme Court Inferior Courts Structure of the Court Sys tem Establishe d by the Constituti on in SUPREME Article III COURT Establishe d by the Constituti on in SUPREME Article III COURT The Constitution gives Congress the power to INFERIOR establish COURTS Inferior Courts  The Constitution gives Congress the authority to create two types of Inferior Courts: Constitutional Courts Legislative or Special Courts  “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” -Article III, Section 1 Focus Constitutional  Constitution al Courts “The judicial power are courts of the United States, shall be vested in established one Supreme Court, and in such inferior by Congress courts as the Congress may from under the time to time ordain and establish.” authority -Article III, Section 1 given to them in Article III  They hear a wide range of civil and criminal cases that involve Focus Federal laws disputes between states disputes between residents of CONSTITUTIONAL COURTS  Judges that preside over Constitutional Courts have protections written into the They cannot be Constitution fired, may only be removed through impeachment, and their salaries may not be reduced while they are holding Constitutional Courts include: 94 District Courts 12 U.S. Courts of Appeals U.S. Court of Appeals for the Federal Circuit U.S. Court of International Trade CONSTITUTIONAL COURTS  94 District Courts Districts Each with 1 District are trial courts with original ES STAT Court DISTRIC TS jurisdiction (where cases are tried first) The 50 states are divided into 89 Federal districts, with at least one  Districts Each with 1 District ES STAT Court DISTRIC TS The other District Courts serve Washington, D.C., Puerto Rico, Virgin Islands, Guam, and the Mariner Islands  District Courts hear criminal cases (cases where the defendant is charged with a Federal crime) and civil cases (non-criminal cases that involve a dispute between two parties like trademark infringement) Cases are tried by juries in a District Court in the state where the crime was committed They do not hear appeals  Federal Courts have original jurisdiction for bankruptcy cases So, each District Court has a Bankruptcy Court and Judge to handle bankruptcy cases in their district  The Judiciary Act of 1891 created the Courts of Appeals to relieve the Supreme Court’s caseload These cases have no juries Instead, judges sitting on panels (a set of judges who sit together to hear a case) decide the verdict  They have appellate jurisdiction so they review cases decided on by the lower District Courts They also hear appeals from Federal Agencies like the EPA, EEOC, FAA, and FDIC  12 COURTS OF APPEALS 94 DISTRICT COURTS  The 94 DISTRICT COURTS Districts are each with a divided into court of 12 circuits, appeals each with a Court of Appeals  1 2 *dotted lines represent boundaries of District Courts  A 13th Court DISTRICT COURTS of Appeals is each with a the Court of court of Appeals for appeals the Federal The Court of Circuit Appeals for the Federal Circuit  It has appellate jurisdiction for all cases involving patent, trademark, and copyright laws  It also handles the appeals from the U.S. Court of International Trade (Constitutional Court), the U.S. Court of Federal Claims and U.S. Court of Appeals for Veterans Claims (both Legislative or Special  The number of judges appointed to the Courts of Appeals varies depending on the circuit (from 10 – 27 judges)  In this Constitutional Court, a panel of judges hear tariff and trade-related cases  Legislative or Special Courts are established by Congress under Article I for a very specific or narrow Focus purpose “The Congress shall have Power…To constitute Tribunals inferior to the Supreme Court” -Article I, Section 8  These courts have a narrow focus and include: U.S. Court of Federal Claims - hears claims for damages against the Federal government Territorial Courts - local courts for Puerto Rico, Guam, Virgin Islands, and  Courts of the District of Columbia - local courts for D.C. U.S. Tax Court - hears civil cases about the application of tax laws  U.S. Court of Appeals for Armed Forces (completely separate from the military court system and is presided over by civilians, not military officers) - hears appeals for serious court-martial convictions  U.S. Court of Appeals for Veterans Claims - this newest court hears claims about denied or mishandled claims by the Department of Veteran’s Affairs  Judges of Special Courts have fixed terms and can be removed, demoted, or have their salary reduced  Presidents sometimes use an Executive Order to establish military commissions or tribunes to try enemy combatants  Military commissions were established during the Mexican- American War, the Civil War, World War II, and after 9/11  In 2006, the Supreme Court ruled that the military commission established by President George W. Bush at Guantanamo Bay was unconstitutional  The Judiciary Act of 1789 established the structure and jurisdiction of the Federal Court System which remains largely intact today  The Federal Court System operates separately from the legislative and executive branches, but works with each of them as required by the Constitution  Plaintiff – the Defendant – the person who person who the takes the case case is against to court Case Names: Plaintiff versus Defendant Example: South Dakota v. Wayfair  Each Federal Court is presided over by a judge (or a panel of judges)  Judges decide court procedure and explain the law to the jury Judges decide the sentence if the accused is found guilty  The President nominates judges The Senate confirms judges and may remove them through  Congress sets the pay and retirement benefits for Federal judges  Judges of Constitutional Courts are appointed for life while judges of Legislative or Special Courts are appointed for a fixed term (term varies depending on Why Judges Serve for Life the court)  As judges interpret the laws, they fall under one of the following categories: Judicial Restraint Judicial Activism  Judicial Restraint – judges decide cases based on the original intent of the Constitution, statue, or precedent  Judicial Activism – judges interpret law based on changing conditions and values  U.S. Attorneys are nominated by the President and confirmed by the Senate to four year terms as the chief Federal law enforcement officers for specific judicial districts  U.S. Attorneys are responsible for the prosecution of Federal criminal cases the prosecution and defense of civil cases involving the U.S. government the collection of debts owed to the Federal government which are not  U.S. Marshals are appointed to a four year term (one to each of the district courts) as the enforcement arm of the Federal courts  U.S. Marshals are responsible for: apprehending fugitives serving subpoenas and legal papers transporting federal prisoners overseeing the federal witness protection program securing jurors any other duties as assigned Training with U.S. Mars hals to them  Magistrate Judges are appointed to an eight year term to assist District Court Judges  Duties assigned to Magistrate Judges vary from court to court, but often include overseeing first appearances of criminal defendants setting bail issuing arrest warrants other administrative responsibilities assigned by statute or delegated by the District Court Judges  Clerk of Court helps with the administration and operation of the court (docketing – list of cases to be heard, case filing, document retrieval, managing the jury system, etc.)  Court Reporter or Stenographer records verbatim the court procedures, files records with the Clerk of Court, and provides copies of the records upon request  Probation Officers investigate and supervise people who are on parole for Federal crimes  Article III of the Constitution establishes the U.S. Supreme Court as the highest court in the Nation It is mainly an appeals court that reviews cases from lower Federal courts and state courts A Look at the Supreme Court Building  There are nine Supreme Court Justices (since 1869) The number is set by Congress Justices are nominated by the President and confirmed by the Senate How do U.S. Supreme Court Justices Get A ppointed?  Brett Amy Coney Kavanaugh Ketanji Brown Barrett (President Jackson (President Trump, 2018) (President Trump, Oct. Biden, April 2020) 2022) Neil Gorsuch (President Trump, 2017) John Samuel A. Clarence Roberts, Alito Thomas Chief (President (Preside Sonia Justice George W. Elena Kagan nt H.W. Sotomayor (President Bush, 2006) (President Bush, (President George W. Obama, 1991) Obama, 2009) NotoriousBush, RBG 2010) Being a Supreme Court Justice 2005)  Justices serve for life and may only leave by death, retirement, or impeachment There are no Constitutional requirements to be a Supreme Court Justice  Salary Chief Justice - $267,000 (in 2018) Associate Justice - $255,300 (in 2018) Their benefits include health insurance and a pension  When the Chief Justice position is vacated, the President may pick an Associate Justice or someone else for the position and the Senate must confirm the nomination  While the Chief Justice has greater influence in choosing what cases to hear, their vote is equal to the other Associate Justices Chief Justice Courts are usually named after the Chief Justice (currently – Roberts Court) In Article III Section II, the Supreme Court is given original jurisdiction for: Cases involving diplomatic representatives from other countries Cases involving disputes between a state and the Federal government Cases involving two states  Supreme Court decisions are final and cannot be appealed  Judicial Review is the power to declare laws or executive actions unconstitutio nal Marbury v. Madison Judicial Review Crash Course  While not specifically mentioned in the Constitution, the power of Judicial Review was supported by Hamilton in Federalist Paper #78 and was a practice used by some state courts at the time the Constitution was written  Chief Justice John Marshall (Chief Justice 1801-1835) was instrumental in establishing the power of Judicial Review for the Supreme Court  The 1803 Supreme Court decision in Marbury v. Madison established the practice of Judicial Review of the Federal government by the Explained Marbury v. Madison Supreme Court Cases get before the Supreme Court by Writ of Certiorari (Latin for “to be more fully informed”) – the Justices decide which cases they will hear by “the rule of four,” at least four of the nine justices must agree to grant a writ of certiorari to hear the case If a writ is denied, the lower court decision stands  Certificate – when a lower court asks the Supreme Court to clarify a procedure or rule of law in order to help them decide a case How Cases Get to the Supreme Court  The Court only hears about 80 out of the approximately 8,000 cases which are appealed to it each year Justices usually take cases that are important to U.S. society  The Court sits from the first Monday in October to the following June or July After the Justices decide to hear a case, the lower court records are sent up and the opposing attorneys write briefs defending their position Supreme Court Procedures  The Court may also receive “friend of the court” (amicus curiae) briefs from people or groups not involved in the specific case, but who have a strong interest in the matter The briefs may only be submitted with the Court’s permission and are written to influence the Court’s decision  The Solicitor General (principal officer in the Department of Justice who represents the Federal government before the Supreme Court) may file a brief on behalf of the government  The court then holds a public session where the attorneys for each side present a 30 minute oral argument During this time, the Justices may ask the attorneys questions Justices then adjourn to discuss the case in conference  Most Wednesday and Friday afternoons while the Court is in session, the Justices meet in what is know as the Justices’ Conference to decide the cases that they have heard The Chief Justice presides over the conference He speaks first and votes first after each of the other justices have shared their views in seniority order (years on the When the Justices rule on a case, they release written statements: Opinion or Majority Opinion – the decision or ruling of the court supported by a majority of the Justices which explains their reasoning  Concurring Opinion – written by Justice(s) who agrees with the majority decision, but for different or additional reasons  Dissenting Opinion – written by Justice(s) who disagrees with the majority decision and why they disagree Has no effect on the case or law, but is still important for future cases  Decisions reached by the Supreme Court set the precedent or guideline for how similar cases should be decided in the future  Congress can pass a new law which follows the Constitution President can issue a new executive action which follows the Constitution Congress and the States may amend the Constitution  The Supreme Court may change its mind Plessy v. Ferguson (1896) Brown v. Board of Education (1954) Justices may be impeached