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The Judicial Branch Article III of the United States Constitution PowerPoint PPT Presentation


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The Judicial Branch Article III of the United States Constitution. Purpose of Courts A. Resolve legal disputes by applying the law to indv situations 1. Criminal law: the people vs an indv 2. Civil law: an indv vs an indv

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The Judicial Branch Article III of the United States Constitution

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The judicial branch article iii of the united states constitution

The Judicial Branch

Article III

of the United States Constitution


The judicial branch article iii of the united states constitution

  • Purpose of Courts

  • A. Resolve legal disputes by applying the law to indv situations

  • 1. Criminal law: the people vs an indv

  • 2. Civil law: an indv vs an indv

  • ***Please note that a legal indv does NOT have to be a human being. A legal indv can be an indv, a business, a corp, a govt agency.***


Judicial branch article iii

JUDICIAL BRANCHARTICLE III

  • The Judicial Branch interprets or explains the meaning of laws.

  • Judicial Branch protects your rights!

  • There are different levels of courts which handle different cases.

  • Federal courts handle cases about the Constitution and laws made by Congress.


How is the judicial branch organized

How is the Judicial Branch Organized?

  • The Supreme Court is the highest court in the Judicial Branch.

  • The Supreme Court has 9 justices (judges)

  • The head of the Supreme Court is called the Chief Justice.

  • Justices are not elected! The President appoints Justices.

  • The Senate must approve a Justice appointment.


Our supreme court

OUR SUPREME COURT


Term of office

Term of Office

  • Justices serve for a life term.

  • They may resign or retire. They are in life until death otherwise.

  • Just like the President, Justices may be impeached, tried, and removed from office if found guilty.


Judicial review

JUDICIAL REVIEW

  • Judicial review is one of the most important powers of the Judicial Branch. It is the power of the courts to say that the Constitution does not allow the gov’t to do something.

  • The Supreme Court may rule that a law made by Congress is unconstitutional!

  • Jurisdiction-area of power/control of the federal courts as described by the Constitution.


Federal courts

FEDERAL COURTS

  • 1. Supreme Court-U.S. Supreme Court

  • 2. Appellate Courts-12 Regional Circuit Courts of Appeals and 1 U.S. Court of Appeals for the Federal Circuit

  • 3. Trial Courts-94 Judicial District Courts and 3 other specialized courts

  • 4. Other special courts for military, veterans, taxes, etc.


The appeals process

THE APPEALS PROCESS

  • 1. Begins at the district court

  • 2. Then proceeds on to the Court of Appeals

  • 3. Case could proceed on from their to the Supreme Court—the highest court in our country!


The judicial branch article iii of the united states constitution

B. Major players

1. Criminal lawa. Prosecutor—represents the people b. Defendant—indv accused of breaking law

2. Civil lawa. Plaintiff—indv who was wrongedb. Defendant—indv accused of wrongdoing

3. Judgea. Applies the lawb. Instructs the juryc. Keeps proceedings fair and neutrald. May decide case if no jury

4. Jurya. Decides facts of caseb. Determines innocence or guilt


The judicial branch article iii of the united states constitution

  • Precedent

  • A ruling that sets guidelines for future similar cases

  • Jurisdiction

  • 1. Define: a court’s right to hear a case

  • 2. Original jurisdiction (aka: trial court)a. First time a case is heardb. Establishes facts of case/determines innocence or guilt

  • 3. Appellate jurisdictiona. Higher court that reviews trial court decisionsb. Does NOT retry the case; only determines if1. Original proceedings were fair2. Law was correctly applied


The judicial branch article iii of the united states constitution

  • State courts

  • 1. Deal with state laws

  • 2. Three levelsa. Trial courtsb. Appellate courts (aka courts of appeal)c. State supreme court (aka court of final appeal)

  • 3. Cases may be appealed to the USSC if a federal or constitutional issue is involved


The judicial branch article iii of the united states constitution

  • Federal Courts

  • 1. Original jurisdiction over federal issuesa. Federal lawsb. Constitutional issuesc. Resident of one state v resident of another stated. Treatiese. Maritime issuesf. Foreign govt is involvedg. US govt is involved

  • 2. Three levelsa. Trial court (aka District Court)b. Appellate court (aka Court of Appeals)c. Supreme Court (aka Court of Final Appeal)


The judicial branch article iii of the united states constitution

  • The Federal Court System

  • A. The Judiciary Act of 1789Established the federal court system by dividing the country into federal judicial districts, creating district courts and courts of appeals


The judicial branch article iii of the united states constitution

  • District Courts

  • 1. 94 across the country and US territoriesa. 89 throughout the states according to population distributionb. 1 each in1. D.C.2. Puerto Rico3. Guam4. US Virgin Islands5. Mariana Islands

  • 2. Original jurisdiction over federal cases

  • 3. Territory District Courts also have original jurisdiction over local cases


The judicial branch article iii of the united states constitution

  • Courts of Appeals (aka Circuit Courts)

  • 1. 13 across country

  • a. 12 hear appeals from district courts

  • b. 1 hears appeals from

  • 1. Special courts like claims court,tax court, etc

  • 2. Federal agencies like Office of Patents and Trademarks, Civil Service Commission, etc


The judicial branch article iii of the united states constitution

  • Federal Judges

  • 1. Appointed by presidenta. Advisors recommend candidatesb. Professional backgroundc. Political/social viewsd. Collegiate career

  • 2. Confirmed by Senatea. Judiciary cmte holds hearingsb. Professional backgroundc. Political/social viewsd. Simple majority vote


The judicial branch article iii of the united states constitution

  • Life terms

  • a. Death b. Resignation/retirement c. Impeachment

  • 4. Balance rights of indv vs common good


The judicial branch article iii of the united states constitution

  • United States Supreme Court A. Judicial Review

  • 1. Define: Power to overturn any Act of Congress or executive action the Court deems unconstitutional

  • 2. Is it in the Constitution? Not specifically stated; however, the Constitution says the Court shall “interpret the law”


The judicial branch article iii of the united states constitution

  • Established by Marbury v Madison (1803)

  • a. Facts of the case: Marbury appointed to federal judgeship by outgoing Pres John Adams.

  • New Pres TJ tells Sec State Madison NOT to deliver letter of appointment (Marbury can’t take his new job)

  • Marbury sued in USSC citing right to do so in Fed Jud Act of 1789

  • b. Justices considered both facts of case and law in question


The judicial branch article iii of the united states constitution

  • USSC issued opinion:

  • Marbury was legally appointed as fed judge and Sec State Madison should deliver letter BUT the part of the Fed Jud Act of 1789 that said the USSC would hear this type of case is unconstitutional.

  • The Constitution lists specific type cases the USSC has original jurisdiction over. This was not one of them.

  • SO, because that part of law was unconstitutional, Marbury shouldn’t have sued in USSC and USSC doesn’t have authority to make Madison deliver the letter.


The judicial branch article iii of the united states constitution

  • Precedent set: THE CONSTITUTION IS WHAT THE SUPREME COURT SAYS IT IS

  • First time Court interpreted the Constitution to the extent of declaring part of a law unconstitutional.

  • This put the Jud Branch on equal footing with Leg and Exec branches because the Court has the power to declare acts of the others unconstitutional.

  • ***The US STILL has arguments over this issue!! Many people recognize this as constitutional, but many others say the Constitution is black and white and NOT subject to anyone’s interpretation—including the USSC


The judicial branch article iii of the united states constitution

  • Justices

  • 1. Appointed by presidenta. Advisors recommend candidatesb. Professional backgroundc. Political/social viewsd. Collegiate career

  • 2. Confirmed by Senatea. Judiciary com. holds hearingsb. Professional backgroundc. Political/social viewsd. Simple majority vote


The judicial branch article iii of the united states constitution

  • Life terms

  • a. Death b. Resignation/retirement c. Impeachment

  • Why it matters!!

  • Conservative presidents = conservative justices

  • Liberal presidents = liberal justices

  • Justices serve for years

  • Justices interpret the Constitution; set precedent

  • Those precedents affect all Americans


The judicial branch article iii of the united states constitution

  • A day in the life . . .

  • 1. Calendara. Term: first Monday in October – end of Juneb. Sittings: 2-wk sessions when Justices hear cases then retire to decide opinions

  • 2. Selecting casesa. Original jurisdiction cases—must hear these1. State govt v state govt2. Foreign rep a party in a case

  • b. Appellate jurisdiction cases—choose to hear

  • 1. Must deal with federal or constitutional issue2. Must impact a majority of citizens


The judicial branch article iii of the united states constitution

“Rule of Four”—four of the nine justices must agree to hear the indv case out of the 1000s of cases appealed to them.

  • Case is on the docket (aka a court’s schedule or calendar)

    • Briefs are submitted—written summary of each lawyer’s side of the case

    • Justices study lower court proceedings and briefs

    • Oral arguments1. Each side gets 30 mins to argue 2. Justices get to ask questions


The judicial branch article iii of the united states constitution

  • Deliberations

  • a. CJ summarizes case and main points b. Group discussion, each presents views c. Justices vote—simple majority “wins”

  • 5. Opinions issued a. Define: written statement explaining ruling and reasons for reaching that decision b. Majority opinion: “winning” decision, sets precedent c. Concurring opinion: agree with majority opinion but for different reasons d. Dissenting opinion (aka minority opinion): disagree with majority opinion


The judicial branch article iii of the united states constitution

  • Factors influencing the Court

  • 1. Constitution—fundamental law of US 2. Precedent—are there past similar cases 3. Intent—of the Constitution and law(s) in question 4. Social values—what is the current view of most Americans (will of the people) 5. Personal judicial philosophy—to what extent should justices become involved in setting policy


The judicial branch article iii of the united states constitution

JUDICIAL PHILOSOPHY: An ongoing “discussion” in American politics about the extent to which justices/judges should involve themselves with setting policy. Judges don’t make laws so how does a judge set policy?

JUDICIAL ACTIVISM: the Jud branch is an equal partner with the Leg and Exec and should be actively involved in interpreting and applying laws. Strong belief in judicial review.

JUDICIAL RESTRAINT: the Jud branch should let the Leg and Exec branches set policy and only get involved if that policy is a flagrant violation of Constitution. Not a strong belief in judicial review.

*NEITHER VIEW IS LIBERAL OR CONSERVATIVE*


The judicial branch article iii of the united states constitution

  • Checks on the Court

  • 1. Executive: pres appoints conservative or liberal justices/judges depending on his beliefs

  • 2. Legislative: Senate confirms appointees based on its majority’s beliefs

  • 3. Amendment process: a. How is this a check? USSC makes decision people REALLY don’t like. People persuade Congress to propose a constitutional amendment. If ratified by the states, it nullifies the USSC decision.


The judicial branch article iii of the united states constitution

b. Examples

1. Dred Scott (1857) decision: Slave was property and not free just because he had lived in a free state. As property, and not a US citizen, he had no right to sue in federal court.

14th Amendment (1868) : Declared former slaves to be US citizens with all rights of citizenship.

This amendment nullified the Dred Scott decision.


The judicial branch article iii of the united states constitution

Abortion????

Flag burning????

Gay marriage????

Stem cell research????

*****PLEASE NOTE*****

The president CANNOT propose a constitutional amendment. WHY??


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