The Judicial Branch Friday August 25 Mr. Wade
The Role of the Judicial Branch n To interpret and define/make law n Hearing individual cases and deciding how the law should apply n Constitutional/Unconstitutional n Federalism – there are federal courts for federal law, and state courts for state laws!
Where Do the Courts’ Jurisdiction Come From? n Article III of the Constitution creates “one supreme court, and such inferior courts” that Congress creates n Congress creates the system of courts underneath Supreme Court
3 Major Steps in the Federal System Courts Judges 1 Supreme Court 9 12 Court of Appeals 3 91 District Court 1
Appointment of Judges n President nominates someone to become a judge n Senate majority vote confirms n Senatorial Courtesy! n Judges serve for life
Why Life Terms? n Founding Fathers wanted an independent judiciary
Process of a Criminal Case n If you lose your trial, you have the option to appeal to a higher court n The higher court does not have to hear your case, they will only take it if there is a significant problem with the lower court decision n Higher courts have the option to overturn or modify lower court decisions
Supreme Court n The “Court of Last Resort” – highest court in the country n Has power of judicial review
Judicial Review n Judicial Review – the power to declare acts of government unconstitutional, thus eliminating them n All comes from the case of Marbury v. Madison
Marbury v. Madison n Adams has just lost to Jefferson in the election of 1800 n To preserve his legacy, Adams has Federalists in Congress create loads of new judgeships n Adams appoints Federalist party members to all the new positions
Marbury v. Madison n Jefferson was very upset n Jefferson ordered Madison not to deliver the commissions n Marbury, who was to be a judge, sued Madison
Decision in Marbury v. Madison n Judiciary Act of 1789 gave Supreme Court original jurisdiction in disputes about judgeships n Article III of the Constitution gives Supreme Court appellate jurisdiction in those cases (ability to reverse previous decisions)
Decision in Marbury v. Madison Chief Justice John Marshall refused to issue writs of Mandamus n Constitution did not give SC power to do so n Sec. 13 of Judiciary Act of 1789 inconsistent with Constitution (Art. 3) n Therefore, Judiciary Act of 1789, and Marbury’s lawsuit are… n UNCONSTITUTIONAL according to Marshall and unanimous SC n
Routes to Supreme Court Arizona Supreme Court of Appeals Arizona Court of Appeals District Court Superior Court
How a Case Reaches Supreme Court will issue a writ of certiorari (acceptance of a case) if 4 of the 9 justices wish to hear it n Court n Called the “Rule of 4” court will issue a certificate if a lower court says they don’t know how to decide on it n Or,
Trial Process at Supreme Court n Trial does not function like principal trial courts n No “evidence” presented, or witnesses questioned, etc. n Rather, one attorney for each side presents his arguments for 30 minutes, while being questioned by justices
Trial Process at Supreme Court n Once arguments are over, justices will write opinions on the case, and each justice chooses which opinion to sign his/her name to n Majority Opinion – final decision on the case, signed by at least 5 justices n Becomes precedent for how future similar cases should be decided
Trial Process at Supreme Court n Dissenting Opinion – written or signed by any justice who disagrees with the majority n. It’s important because it can become the logic for a future group of justices to overturn this decision
Trial Process at Supreme Court n Concurring Opinion – written by a justice who votes with the majority, but disagrees with their reasoning as to why n If a justice has a conflict of interest in a case, he/she may recuse himself (stay off of the case)
Most Important Historical Cases n Marbury v. Madison (1804) – established precedent of judicial review n n Mc. Culloch v. Maryland (1819) – allowed Congress to use implied powers under “necessary and proper clause” Gibbons v. Ogden (1824) – allowed Congress to regulate all commercial interactions under “commerce clause”
Most Important Historical Cases n n n Dred Scott v. Sanford (1857) – people of African descent imported into the U. S. were not and could never be considered citizens (pushed U. S. closer to Civil War due to outcry after the case) Plessy v. Ferguson (1896) – said segregation was constitutional as long as both races had equal facilities Brown v. Board of Education (1954) – overturned Plessy decision on the grounds that “separate is inherently unequal”
Current Supreme Court Justices n Chief Justice John Roberts n Appointed: Bush, 2005 – 55 yrs n Age: 62 n Conservative
Current Supreme Court Justices Anthony Kennedy n Appointed: Reagan, 1988 – n Age: 80 n Swing Vote (Usually Conservative( n
Current Supreme Court Justices n Clarence Thomas n Appointed: Bush, 1991 n Age: 68 n Strong Conservative
Current Supreme Court Justices n Ruth Bader Ginsburg n Appointed: Clinton, 1993 n Age: 84 n Strong Liberal
Current Supreme Court Justices n Stephen Breyer n Appointed: Clinton, 1994 n Age: 78 n Liberal
Current Supreme Court Justices n Samuel Alito n Appointed: Bush, 2006 n Age: 67 n Conservative
Current Supreme Court Justices n Sonia Sotomayor n Appointed: Obama, 2009 n Age: 62 n Strong Liberal
Current Supreme Court Justices n Elena Kagan n Appointed: Obama, 2010 n Age: 57 n Liberal
Current Supreme Court Justices n Neil Gorsuch n Appointed Trump, 2017 n Age: 49 n Unknown – Moderate/Cons ervative
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