THE JUDICIAL BRANCH

1. AP US GOVERNMENT & POLITICS THE JUDICIAL BRANCH

2. Introduction: Constitution provides for a Supreme Court of the United States Chief Justice John Marshall (serving 1801-1835) greatly increased the power of the courts in balancing power between the other two branches of government TODAY: judicial branch equal to legislative and executive branches

3. JURISDICTION OF THE COURTS FEDERAL COURT JURISDICTION All states have own system of courts Federal court system consists of Supreme court and lower federal courts established by Congress “Jurisdiction” = the authority to hear cases States = state laws / Federal = federal laws

4. JURISDICTION (con’t) CONCURRENT JURISDICTION: situations where both federal and state courts have jurisdiction ORIGINAL JURISDICTION: the court in which a case is originally tried APPELLATE JURISDICTION: courts of appeal, where a person may appeal the decision of another court

5. JUDICIAL INDEPENDENCE The Judiciary must be protected from punitive or coercive actions by the legislative and executive branches (necessary to make fair, impartial decision) – see The Federalist, 78. Constitution protects two ways, Article 3: • Federal judges hold position “during good behavior” • Legislative & Executive branches may not combine to punish judges by decreasing payment for their services

6. JUDICIAL REVIEW See Federalist, 78 Definition: power of an independent judiciary to determine whether acts of the other components of government are in accordance with the Constitution

7. JUDICIAL REVIEW:Constitution Article 3: federal judiciary has power to make judgments in all cases pertaining to the Constitution, statutes, treaties of the U.S. Article 6: implies judicial power of federal courts must be used to protect and defend the supreme authority of the Constitution against acts of government which violate or contradict it – judicial officers must support

8. Judicial Review (con’t) Limits placed on legislative and executive branches can only be preserved through courts of justice Judges: necessar to determine the meaning of the Constitution (fundamental law), as well as any “particular act” proceeding from the Legislature

9. Judicial Review (con’t) Ideas from the Federalist used by John Marshall in 1803 Marbury v. Madison: declared one part of federal law unconstitutional, thus setting the precedent for the court’s use of judicial review

10. DEVELOPING SUPREME COURT POWER EARLY PRECEDENTS Courts don’t initiate action, but wait for litigants to come to court litigants: people engaged in a lawsuit who bring a case to court Federal courts will only determine cases, not simply answer legal questions

11. LANDMARK CASES MARBURY vs. MADISON 1803 – established the principle of JUDICIAL REVIEW How does Judicial Review assist in separation of powers?

12. LANDMARK CASES FLETCHER vs. PECK (1810): Supreme Court extended power to review state laws MCCULLOCH vs. MARYLAND (1819): national interest takes precedence over state interest GIBBONS vs. OGDEN (1824): gave Congress power to regulate interstate commerce DRED SCOTT vs. SANDFORD (1857): stated a slave was property

13. KEY CONCEPTS JUSTICE: achieved where everyone receives what is due him or her PROCEDURAL JUSTICE: government administers fair and impartial procedures equally to everyone under its authority to settle disputes or prosecute person charged with crimes

14. KEY CONCEPTS (con’t) DUE PROCESS: conflicts settled in an orderly and fair manner in a court of law, according to the rule of law (not by the arbitrary actions of people in power) BETWEEN ……….. Individuals Individuals & Gov’t

15. KEY CONCEPTS (con’t) DISTRIBUTIVE JUSTICE: when equals in society distribute benefits to people under authority – when people receive the same (equivalent) allocation of benefits Examples: Social Security / medical care for the elderly / public schools

16. DUE PROCESS A clause stating that no state may deprive a person of life, liberty, or property without the due process of law Supreme Court did not strongly apply these immediately after the Civil War

17. LANDMARK CASES SLAUGHTERHOUSE CASES (1873): a narrow interpretation of the 14th Amendment – court ruled for the state of Louisiana in regulating businesses PLESSY vs. FERGUSON (1896): established the “separate but equal” doctrine (not overturned until the Brown vs. Board of Education ruling in 1954)

18. THE COURT AND BUSINESS The court had refused to broaden federal powers to enforce the rights of individuals, often siding with business interests (though this has gone back-and-forth in history)

19. LANDMARK CASES BROWN vs. BOARD OF EDUCATION OF TOPEKA (1954): Supreme Court outlawed segregation in public schools In other cases, the Court issued rulings extending equal protection in voting rights, applied due process requirements and Bill of Rights protections to persons accused of crimes

20. LOWER FEDERAL COURTS The CONSTITUTION created the Federal Court System, including THE SUPREME COURT (Article III) Congress established various levels of courts – Judiciary Acts of 1789

21. CONSTITUTIONAL COURTS Federal District Courts: trial courts (today, 94 districts) Grand Jury: usually 16-23 people Indictment: formal accusation of a crime Petit Jury: 6-12 people ; trial jury

22. CONSTITUTIONAL COURTS(con’t) Officers of the Court: there are many appointed officials (judges, attorneys, magistrates, marshals, deputy clerks, bailiffs, stenographers Federal Court of Appeals: 13 US courts of appeals Judicial circuits: regions, with 1 appellate court in each; panel of three judges for each appeal

23. CONSTITUTIONAL COURTS(con’t) The Court of International Trade: formerly, US Customs Court – jurisdiction involving tariffs -based in NYC, but is a national court -judges hear cases in other major port cities around the US

24. LEGISLATIVE COURTS These courts help Congress exercise its powers U.S .COURT OF FEDERAL CLAIMS U. S. TAX COURT U.S. COURT OF APPEALS FOR THE ARMED FORCES TERRITORIAL COURTS COURTS OF THE DISTRICT OF COLUMBIA COURT OF VETERANS’ APPEALS FOREIGN INTELLIGENCE SURVEILLANCE COURT

25. SELECTION OF FEDERAL JUDGES The President, with the consent of the Senate, appoints all federal judges for life Factors: -party affiliation -judicial philosophy -Senatorial courtesy

26. THE SUPREME COURT This court stands at the top of the American legal system It is the court of last resort in all questions of federal law It carefully chooses the cases it will hear Today, all cases are heard in the Supreme Court building in Washington, DC

27. SUPREME COURT JURISDICTION The Supreme Court has both original and appellate jurisdiction Original: cases involving representatives of foreign governments; cases in which a state is a party Appellate: cases appealed from lower courts of appeals; cases where an act of Congress was held unconstitutional

28. SUPREME COURT JUSTICES There are NINE justices on the Supreme Court: one CHIEF JUSTICE and eight ASSOCIATE JUSTICES Roberts Court Chief Justice: John Roberts, Jr. (2005-) 2010–present: Antonin Scalia ; Anthony Kennedy; Clarence Thomas; Ruth Bader Ginsburg; Stephen Breyer; Samuel Alito; Sonia Sotomayor; Elena Kagan

29. DUTIES OF THE JUSTICES Duties have developed through law, tradition, needs Main duty: hear and rule on cases Law Clerks: usually work for a justice 1-2 yrs. Three decisions: -which cases to hear -decision on the case -determining an explanation for the decision

30. APPOINTING JUSTICES The President appoints The Senate must approve The ABA (American Bar Association) committee on the Federal judiciary is consulted and rates a candidate Interest Groups: also play a part