PP Lecture 6: The Constitution & Judiciary PDF

Lesson 6 The Constitution and The Judiciary Article III, Section 1- “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. The judges, both of the supreme and inferior courts, shall hold...

Lesson 6 The Constitution and The Judiciary Article III, Section 1- “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. The judges, both of the supreme and inferior courts, shall hold their offi ces during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office." Which means the Constitution provides for... One Supreme Court Lower courts est. by Congress The Power of Judicial Review At the heart of our judicial system is the power of Judicial Review _______________________________________ - the power to determine if actions taken by the other branches of government and the states to be unconstitutional, which would render the action null and void (see pg. 450). In 1803 the Supreme Court declared for itself the power of Judicial Review (consequently allowing all lower federal and states courts the same power). The Dual Court System Prior to the Constitution, and the establishment of Article III and the National Judiciary, states had their own courts. Thus, today, the US has a dual court system ________________________________________ - the division of the courts into two separate systems, one federal and one state, with each of the fifty states having its own courts. Courts hear two different types of disputes: Criminal law __________________________________ - a law that prohibits actions that could harm or endanger others and establishes punishment for those actions. Civil Law __________________________________ - a non-criminal law defining private rights and remedies. In both criminal and civil matters, the courts decide the remedy and resolution of the case, and in all cases, the US Supreme Court ___________________________________________________ is the final court of appeal (see pg. 456). The U.S. Court System The US court system is structured in the form of a _________________________ hierarchy (see pgs. 459-464). appeal Losing parties may __________________________ their case to the higher courts – first U.S. the circuit courts, and then, if chosen by the justices, to the U.S. Supreme Court. Supreme Decisions of the higher courts are binding on the lower courts. Court Precedents ___________________________________________ - the principles or guidelines established by courts (especially the U.S. Supreme Court) in earlier cases that frame the U.S. Courts ongoing operation of the courts, steering the direction of the entire system. of Appeals Stare decisis ___________________________________________ - the principle by which courts rely on (circuit past decisions and their precedents when making decisions in new cases. Today’s courts) decisions are based largely on rulings from the past, and tomorrow’s rulings rely on what is decided today. Although courts try to uphold precedent, for purposes of consistency in the law, they may U.S. District Courts overturn precedent if the current court believes the precedent to be unconstitutional (see pg. (trial courts) 461). The U.S. Court System The Lowest level of U.S. courts are district courts __________________________. 94 There are _____________ U.S. district courts in the fifty states (each state has at least one) and U.S. territories (see pg. 459). These are the trial courts _________________________ of the national system. Federal cases are tried, witness testimony is heard, and evidence is presented. The U.S. Court System The intermediate level of U.S. courts are the _______________________________, U.S. Courts of Appeals circuit courts. 11 across the nation and two There are ________ in Washington, DC (the DC circuit and the federal circuit courts). These courts do not hold trials but _________________________ the rulings of the review trial (district) courts within their geographic circuit. Cases are reviewed by a panel of ______ judges. 3 The U.S. Supreme Court The process of a case making it to the Supreme Court… First – Cases that make it to the U.S. Supreme Court come from either, the circuit courts (U.S. Courts of Appeals) or state supreme courts. To appeal one's case the Supreme Court a party must petition the court for writs of certiorari __________________________________________ - an order of the Supreme Court calling up the records of the lower court so a case may be reviewed (see pg. 466). 100cases a year, or fewer The U.S. Supreme Court typically hears fewer than ______ than 2% of those petitioned. It takes 4 out of 9 justices to agree to hear a case, known as the Rule of Four ______________________________. The U.S. Supreme Court The process of a case making it to the Supreme Court… Second – Once the court has accepted the case and it is placed on the docket. Each party to the case will submit their written arguments, known as_________________. briefs Additionally, those who are NOT a party in the case can also submit their briefs to the court to advocate on behalf of one of the two parties involved in the case. These are known as______________________________________. Amicus Curiae briefs The U.S. Supreme Court The process of a case making it to the Supreme Court… Third – The court will hear from each party during oral arguments _______________________________________ (see pg. 468). Oral arguments generally last for an hour, with each party to 30 minutes the case given __________________________ to speak and answer questions from the Justices (select cases may be allowed an extended timeframe). Oral arguments are open to the public, but cameras are not allowed. In cases where the United States is a party, the Solicitor General ___________________________________ will argue the government’s position. The current solicitor general is Elizabeth Prelogar, appointed by President Biden and confirmed by the Senate. The U.S. Supreme Court The process of a case making it to the Supreme Court... conference Fourth – The justices will them discuss the case in ______________________________, a closed meeting of the justices to discuss cases on the docket and take an initial vote (see pg. 468). A tie vote is possible, if there is a vacancy, or if a justice recuses themselves from the case. In the lower court’s event of a tie vote, the ____________________________ decision stands (see pg. 469). The reasoning for the decision is written in the form of the majority opinion _________________________________, an opinion of the Court with which more than half the nine justices agree. Justices who agree with the majority, but for a different reason, may choose to write a concurring opinion _____________________________________________. Justices who disagree with the majority of the court may choose to write a dissenting opinion _________________________________________.  The Selection of Federal Judges/Justices Federal judges and Supreme Court Justices are nominated by the president _____________________ and require a majority vote by the Senate ______________________ to be confirmed (see pg. 461). Typically, the president will defer to a list maintained by the American Bar Association _________________________ for recommendations. The US Constitution does not establish any requirements for federal judges. The Selection of Federal Judges/Justices Before the Senate can vote on the nominee, the Senate Judiciary Committee conducts an extensive _________________________________ interview that consist of days of questioning for hours at a time. Questioning can often be challenging, or at times even unfriendly as the Senators work to access the nominee's judicial ideology. Republicans __________________________________________ - want a justice that will take a strict interpretation of the Constitution, consequently limiting federal government power and returning it or reserving power for the states. Democrats __________________________________________ - want a justice that will take a more flexible interpretation of the Constitution that allows the federal government to play a bigger role in accommodating a changing political culture, consequently expanding the power of the federal government. The Current Supreme Court The number of justices on the Supreme Court is decided by Congress _________________________. The original court in 1789 had six justices. The current number of justices on the Supreme Court stands at 9 since 1869 _________________________________. Chief Justice, John G. Roberts Associate Justice Clarence Thomas Associate Justice Samuel A. Alito Associate Justice Sonia Sotomayor Associate Justice Elena Kagan Associate Justice Neil M. Gorsuch Associate Justice Brett M. Kavanaugh Associate Justice Amy Coney Barrett Associate Justice Ketanji Brown Jackson