The Judicial Branch

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					THE JUDICIAL
  BRANCH

     …
INSTANT REPLAY -WHAT DO WE
          KNOW?
•   What type of government do we have?
•   How many branches?
•   What are they?
•   What are their primary responsibilities?
•   What is the Checks and Balances concept?
     THE LEAST DANGEROUS
            BRANCH

• The founders believed
  in their development
  of the Constitution
  that the judicial branch
  would be the least
  powerful because it
  lacked means of
  enforcing its decisions
  and funding to
  implement them.
           CONSTITUTIONAL
             AUTHORITY
• Article III, Sect. 1-3
  1. Terms, behavior and      • Adjudicates interstate
  salaries                      cases
  Sets up Supreme Court
                              • Adjudicates maritime
  and lesser courts
                                issues
  2. Supreme power in
  cases of law, hears cases   • Chief Justice presides over
  involving ambassadors         impeachment cases
  and foreign dignitaries     • Sets up rules for lower
  3. Treason, levying war       courts
  against the U.S. or
  assisting enemies
  (congress decides            Note: tries very few cases.
  punishment)
HOW IT WORKS…

      • Legislative and
        Executive branches
        initiate actions (laws
        and orders)

      • Judicial branch reacts
        in addressing suits and
        pleas
        THE RULE OF LAW

• The principle that
  laws must be
  publicized, non-
  arbitrary, and
  uniformly applied;
  no citizen is above
  the law.
          THE RULE OF LAW
• Courts-3rd party referees

• Common law (English)-
  legal rules created by
  judges

• Precedent-laws previously
  established or interpreted
  (stare decisis, let the
  decision stand)

• Constitutional law-set
  forth by the founders and
  judicial branch
  interpretation/decisions
    THE RULE OF LAW con’t.

• Statutory law-a law passed by a state or federal
  governing body
• Civil law-laws regarding interaction between
  individuals, developed by ruling bodies such as
  legislatures (marriage, contracts, injuries etc).
  Violations are “torts”.
• Criminal law-violations against a code inflicting
  harm on individuals or society
• Administrative law-developed by the bureaucracy
  (regulations)
• Executive order-issued by president to clarify
  legislation
                 AND….
• Substantive law-relates to what we can and
  can’t do

• Procedural law-how laws are applied and
  how legal proceedings are facilitated

• Procedural due process-protections that
  must be enforced to protect the accused
         IT’S FUNCTIONS
• Laws provide security for our well being
  and possessions
• Laws provide predictability (knowing and
  understanding the law)
• Laws provide conflict resolution
• Laws reenforce societal values
• Laws extend protections and benefits
         THE EVOLUTION
• Roman Republic
• English Law
• The Magna Carta and King John (1215)
• Hobbs, and Locke (1700’s)
  Peoples’ rights and consent to be governed
• Montesquieu’s checks and balances
CONGRESSIONAL ACTION
          • Judiciary Act of 1789-
            initial set-up of the
            courts
          • Judicial Act of 1801
            was repealed in 1802
          • 1869-set the number
            of supreme court
            justices at nine, set up
            circuits
          • 1891-established the
            circuit court of appeals
          • 1925
EXPANDED POWERS
       • 1803 Marbury v Madison
         decision by John Marshall
         (fourth Chief Justice)
       • Power of Judicial Review
       • First overrule 1810
         striking down a Georgia
         law involving a “land
         deal”

         Note: Madison/Hamilton-
         Federalist papers
        JUDICIAL REVIEW
• Theoretically the courts were
  constitutionally empowered to review laws
  and presidential actions but did not claim it
• It was not employed because there were so
  few laws passed, communication and travel
  were problematical and high turnover on the
  court
• Even after Marbury v Madison the court
  seldom asserted itself for several years
                THE CAST
• John Adams (Federalist) elected as second
  president in 1796 defeating Jefferson (Republican)
• John Marshall appointed as Secretary of State and
  Chief Justice of the Supreme Court by President
  Adams
• William Marbury nominated as a Justice of the
  Peace by President Adams
• Thomas Jefferson elected as third president in
  1800 defeating Adams
• James Madison appointed as Secretary of State by
  President Jefferson (later elected as the fourth
  president (1808)
            THE PROBLEM
• President John Adams made a number of late
  judicial appointments as he was leaving office
• William Marbury was appointed Justice of the
  Peace in Washington D.C. by Adams and
  confirmed by the Senate
• Paperwork not submitted by then Secretary of
  State John Marshall
• The new president, Thomas Jefferson wanted his
  own appointees and refused to accept Marbury,
  ordering his Secretary of State, James Madison to
  halt the process
• Marbury appealed directly to the Supreme Court
              THE CONFLICT
Article III                  Judiciary Act 0f 1789

2. Supreme power in          Congress empowered
   cases of law, hears       the judicial branch to
   cases involving           issue writs of
   ambassadors and           mandamus (directives
   foreign dignitaries       to government
   (original jurisdiction)   officials to act)
     FINDING THE SOLUTION
         The options
•   Order Jefferson to comply (no way to enforce)
•   Bow to Jefferson’s wishes (wimpy)
         The outcome
•   Marshall lecture to Jefferson
•   Acknowledged court’s lack of authority
•   Invalidate the part of the Judiciary Act of 1789
    where congress gave the courts the power to hear
    such cases directly (unconstitutional) because it
    expanded its powers
      The consequence
•   Power of Judicial Review
      THE CONFLICT con’t
• By attempting to expand the powers of the
  judicial branch with the Judicial Act of
  1789 congress violated the Constitution

• How could the congress legally expand the
  powers of the courts?
FEDERAL AND STATE
 JUDICIAL SYSTEMS
  A THREE TIERED SYSTEM


• Superior Courts
  (trials)

• Appellate Courts

• Supreme Court
U.S. SUPREME COURT

         • Sits in Washington
           D.C.

         • Chief Justice, eight
           associate justices
              COURT OF APPEALS
• Formed in 1911


• 3 judge panel (28 judges)

• 28-30,000 decisions a year
  (25% of total appeals)
   13 th   COURT OF APPEALS
• Located in Washington D.C.

• Handles specific cases of appeals (claims,
  customs, patents, veterans, international
  trade)

• Possible “stepping stone” to the Supreme
  Court
           DISTRICT COURTS
• 94, at least one in each
  state, some large states
  with four
• Jury trials, usually 1 judge
  for civil and criminal
  cases
• Bench trials (no jury)
• Each district court has
  U.S. Attorney appointed
  by the President, approved
  by the Senate (maj. Vote)
           QUALIFICATIONS
• Age

• Gender

• Race

• Citizenship

• Residence

• Legal background and practice

• Party affiliation/philosophy
           APPOINTMENTS

• Nominated* by the President in the event of
  retirement, resignation or death
• Senatorial Courtesy/Blue Slips on District
  nominees
• Senate Judiciary Committee hearings and
  recommendation
• Must receive a majority vote from the Senate
     PAY SCALES OF JUSTICE
•   Law firm partner: $825,500
•   Law school dean: $226,642
•   Chief Justice: $212,100
•   Assoc. Justice: $203,000
•   Appeals Judge: $175,100
•   District Judge: $162,500
•   All lawyers: $94,930

    source: 2006 USA Today
          BRANCH
     $ALARY COMPARISON$

• As of January 2005

 President $400,000
 Vice President $208,100
 Speaker of the House $208,100
 House Majority & Minority Leaders $180,100
 House/Senate Members & Delegates $162,100
 Chief Justice, Supreme Court $208,100
 Associate Justices, Supreme Court $199,200
            WHAT MAKES IT
           A FEDERAL CASE?
• If it involves the U.S. Government
• If the amount at stake is more than $50,000
• If it involves more than one state
• If it involves a dispute on the waters surrounding
  the country
• If it involves a citizen of another country
  In these cases Federal Courts provide a more
  neutral setting for resolving those differences.
                  PROCESS
• Submission of petitions
• Amicus Curiae (friend of the court, could be
  100’s)
• Writ of Certiorari (rule of four)
• Oral presentation
• Research
• Consideration (Constitution & stare decisis)
• Discussion and debate
• Voting and opinion development*
• United States Reports (official record of the
  Court’s work)

  *requires a quorum of six justices
JUDICIAL PHILOSOPHY
• Judicial Activism:
  justices interpret laws and
  precedents loosely,
  sometimes interjecting
  personal values reflecting
  current social conditions

• Judicial Restraint:
  justices adhere closely to
  laws and precedents with
  very little personal
  interjection of views
  (Founders’ intent)
                 AND…
• Strict Constructionism: the belief that the
  only method of changing the Constitution is
  by the amendment process

• Judicial interpretivism: defining the
  Constitution as a living document that may
  be redefined as it relates to social change
      IMPORTANT TERMS &
        NUMBERS (review)
• Amicus Curiae: “Friends of the court” request
  consideration of case and/or influence in outcome
• Writ of certiorari: formal request by the U.S.
  Supreme Court to call up the lower court case it
  decides to hear on appeal
• Rule of Four: requirement that four Supreme Court
  justices must agree to grant a case certiorari in order
  for the case to be heard
• Quorum: six justices must be present to conduct
  court business
• Simple majority: five votes of the nine
   ORIGINAL JURISDICTION
• Defined as the
  authority to be the first
  court to hear and
  decide a case (usually
  District courts)

• Supreme Court in rare
  occasions (one to five
  a term)
         TYPES OF 0PINIONS
• An opinion….

• Majority: written by
  Chief, ranking or
  appointed justice

• Concurring: voting with
  majority with clarification
  (same conclusion,
  different reasoning)

• Dissenting: opposed to
  majority
THE SUPREMES
        CHIEF JUSTICE JOHN ROBERTS
       1955, 2005 (Conservative), Bush II, Born
                      January 27, 1955
John Stevens, 1920, 1975 (Liberal),   David Souter, 1939, 1990 (Moderate),
 Ford, Born April 20, 1920             Bush , Born September 17, 1939

 Samuel Alito, 1955, 2006              Clarence Thomas, 1948, 1991
 (Conservative), Bush II               (Conservative), Bush, Born June 28,
                                       1948
Antonin Scalia, 1936,
                                      Ruth Bader Ginsburg, 1933, 1993
1986 (Conservative), Reagan, Born      (Liberal), Clinton, born March 15,
 March 11, 1936                        1933
Anthony Kennedy, 1936,                Stephen G. Breyer, 1938, 1994
1988(Moderate), Reagan, Born July      (Liberal), Clinton, born August 15,
23, 1936                               1938

                                       served as law clerks
                                       served in 12th circuit
            WHO ARE THEY?
• John Roberts: conservative, little known about his views
  on major issues
• Samuel Alito-junior member, conservative
• Stephen Breyer: moderate-liberal, consensus builder
• Ruth Ginsburg: liberal, advocate of women’s rights
• Clarence Thomas: conservative, rarely speaks during oral
  arguments
• David Souter: conservative turned liberal
• Anthony Kennedy: conservative (part-time liberal)
• Antonin Scalia: conservative, combative questioner during
  oral arguments
• John Stevens, liberal, started out as a moderate, now a
  liberal
CHIEF JUSTICE   • Appointed by president
                • Administers court (350
                  employees, $70 m budget)
                • “leader among equals”
                • Highly influential
                • States opinion first
                • Votes first
                • Assigns opinion writing
                • Issues Oath of Office
                • Presides over impeachment
                • Presides at the annual
                  Judicial Conference of the
                  United States
                • Seventeen to date
   NOTABLE DECISIONS
(the good, the bad and the ugly)
                • Partial birth abortion
                  ban, 2000 voted
                  unconstitutional under
                  Roe v. Wade
                • Bush v. Gore, 2000,
                  overruling Florida
                  State Supreme Court
                • University of
                  California v. Bakke,
                  1978, limited
                  Affirmative Action
                  (Prop. 209, 1997)
     NOTABLE DECISIONS
• Roe v. Wade, 1973, woman’s right to
  privacy

• Miranda v. Arizona, 1966, suspects’ rights

• Brown v. Board of Education, 1954,
  segregation in schools unconstitutional,
  overturning Plessy v. Ferguson, 1896
THE BAD AND THE UGLY…
  Korematsu v. U.S.,
  1944, Government’s
  right to imprison
  U.S. citizens
              MORE UGLY….
• Dred Scott v. Sanford,
  1857, established slaves as
  non-citizens
  (lived in the free state of
  Illinois and free territory
  of Wisconsin)



                                • Plessy v. Ferguson, 1896,
                                  racial segregation legal
                                  (separate but equal
                                  doctrine)
       MORE DECISIONS……
• McCulloch v. Maryland, 1819, Established federal
  supremacy over the states (2nd federal bank)
  Hamilton’s first (1791-1811)

• Munn v. Illinois, 1876, States were allowed to regulate
  private businesses in the public interest.

• Schechter v. U.S., 1935, Congress cannot delegate its
  power to the President (industry regulation) National
  Industry Recovery Act

• Furman v. Georgia, 1972, death penalty unconstitutional
  (lack of consistent standards, arbitrary and capricious)
  CHECKS &
                          • Executive Branch over
  BALANCES                  the Judicial Branch-
                            makes appointment
• Judicial Branch over      nominations; acts on
  the Executive Branch-     budget requests and
  declare actions           laws affecting the
  unconstitutional          judiciary; issues
  (judicial review)         pardons
• Judicial Branch over    • Legislative Branch
  the Legislative           over the Judicial
  Branch-declare laws       Branch-approves
  unconstitutional          nominations; enacts
• Immune to retribution     legislation affecting
  by either branch          the court system; can
                            impeach, amend the
                            constitution

				
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posted:4/26/2012
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