Transcript Aim: How does the Supreme Court operate?

Aim: How are the Federal
Courts organized?
This time, it’s judicial!
The U.S. Constitution
• http://www.archives.gov/exhibits/charters/c
onstitution_transcript.html
• Analyze the differences between the first
three articles…how can you account for
the differences in length?
The Constitution and the Creation
of the Federal Judiciary
• Framers devoted little time to the creation of the
judiciary.
– Believed it posed little of the threat of tyranny they
feared from the other two branches.
– Anti-federalists did see the judiciary as a threat.
WHY???
• Framers left it to Congress to design the federal
judiciary.
Article III
• Section 1 gave Congress the authority to
establish other courts as it saw fit.
• Section 2 specifies the judicial power of the
Supreme Court and discusses the Court’s
original and appellate jurisdiction.
– Also specifies that all federal crimes, except those
involving impeachment, shall be tried by jury in the
state in which the crime was committed.
• Section 3 defines treason, and mandates that at
least two witnesses appear in such cases.
Article III
• Framers gave federal judges tenure for life “with good
behavior.”
• Did not want judges to be subject to the whims of politics,
the public, or politicians
• Hamilton argued in Federalist 78 that the “independence of
judges” was needed “to guard the Constitution and the
rights of individuals.”
• Some checks on judiciary included:
• Congress has the authority to alter the Court’s jurisdiction.
• Congress can propose constitutional amendments that, if
ratified, can effectively reverse judicial decisions.
• Congress can impeach and remove federal judges.
• President (with advice and consent of Senate) appoints
federal judges.
The Marshall Court: Marbury v.
Madison (1803) and Judicial
Review
• Marbury v. Madison
– Supreme Court first asserted the power of judicial
review in finding that the congressional statute
extending the Court’s original jurisdiction was
unconstitutional.
– Marshall claimed this sweeping authority for the Court
by asserting that the right of judicial review was a
power that could be implied from the Constitution’s
supremacy clause.
– The immediate effect was to deny power to the Court.
– The long term effect was to establish the power of
judicial review.
Courts in the U.S.
• We have a dual court system – State
Courts and Federal Courts
Two Types of Federal Courts:
Constitutional Courts: a court exercising the
Constitutional powers of Article III – judges
cannot be fired or removed (except if
impeached)
-District Courts (trial courts)
-Court of Appeals (appeals courts, no trials)
Legislative Court: Created by Congress for a
special purpose – judges do not have privileges
under Article III.
The Federal Court System
The Federal Court System
• District Courts
– 94 federal district courts staffed by 646 active
judges, assisted by more than 300 retired
judges
– No district courts cross state lines.
– Every state has at least one federal district
court.
– The most populous states have four (CA, TX,
and NY). Georgia has three.
District Courts
• Each federal judicial district has a U.S.
attorney.
– This individual is nominated by the president
and confirmed by the senate.
– The attorney is that district’s chief law
enforcement officer.
– They have a considerable amount of
discretion as to whether they pursue criminal
or civil investigations or file charges against
individuals or corporations.
The Federal Courts of Appeals
• The losing party in a case heard and decided in a
federal district court can appeal the decision to the
appropriate court of appeals.
• 11 numbered circuit courts
• Have no original jurisdiction
• Try to correct errors of law and procedure that have
occurred in the lower courts or administrative agencies
• Hear no new testimony.
• The Supreme Court has appellate
jurisdiction in most cases – what does
this mean?
• They hear cases that have already been
tried in lower courts, and are being
appealed to higher courts
The American Legal System
• Trial courts
– Courts of original jurisdiction where a case begins
• Appellate courts
– Courts that generally review only findings of law made by
lower courts
• Jurisdiction
– Authority vested in a particular court to hear and decide
the issues in any particular case
– Original jurisdiction: The jurisdiction of courts that hears
a case first, usually in a trial. Courts determine the facts of
a case under their original jurisdiction.
– Appellate jurisdiction: The power vested in an appellate
court to review and/or revise the decision of a lower court.
The Judicial Power of the
United States Supreme Court
The Supreme Court has Original Jurisdiction in the following cases:
•All cases arising under the Constitution and laws or treaties of the United
States
•All cases of admiralty or maritime jurisdiction
•Cases in which the United States is a party
•Controversies between two or more states
•Controversies between citizens of the same states claiming lands under
grants in different states
•Controversies between a state, or the citizens thereof, and foreign states
or citizens thereof
•All cases affecting ambassadors or other public ministers
The 11th Amendment
• limits the power of federal courts to hear lawsuits against
state governments brought by the citizens of another state
or the citizens of a foreign country.
• The Supreme Court has also interpreted the Eleventh
Amendment to bar federal courts from hearing lawsuits
instituted by citizens of the state being sued and lawsuits
initiated by the governments of foreign countries.
• For example, the state of New York could invoke the
Eleventh Amendment to protect itself from being sued in
federal court by its own residents, residents of another
state, residents of a foreign country, or the government of a
foreign country
http://legaldictionary.thefreedictionary.com/11th+Amendment
The Supreme Court
How do cases get to the Supreme
Court?
• The appeals process: Anyone may appeal a
case to the Supreme Court if a violation of the
U.S. Constitution is charged.
• However, the Supreme Court does not have to
hear the appeal (they don’t have to take the
case)
• 4 judges must agree to hear a case – The Rule
of 4
• Writ of Certiorari: an order from a higher court
directing a lower court to send a case up for
review (when the Supreme Court “grants cert”
they are agreeing to hear a case)
Supreme Court Case Components
Part I: Briefs
• Lawyers for both sides prepare briefs (explanations of their point of
view)
• Amicus Curiae Briefs – sometimes briefs are heard from a “friend
of the court” which helps judges come to a decision (interest groups)
Part II: Oral Argument
• Lawyers are allowed to speak for 30 minutes, but usually cannot use
a prepared speech, as judges often interrupt with questions
Part III: Conference
• Judges talk about the cases/cases
Part IV: Preparing Opinions
• Opinions on the cases are written and distributed among the justices,
who then comment and discuss
• Majority Opinion – reflects opinions of majority of court
• Concurring Opinion – agrees with majority, but disagrees on some
points
• Dissenting Opinion – disagrees with majority
• Stare Decisis – “Let the Decision Stand,” the decision of a previous
ruling is upheld and applied to the current case
What types of cases make it?
• The court receives around 10,000 petitions
each year, and accepts only 75 – 80.
Characteristics of the cases the Court
accepts:
• The federal government is the party asking for review.
The Solicitor General handles federal litigation
• The case involves conflict among circuit courts.
• The case presents a civil rights or civil liberties
question.
• The case involves ideological and/or policy
preferences of the justices.
• The case has significant social or political interest, as
evidenced by the presence of interest group amicus
curiae briefs.
Supreme
Court
Caseload,
1950-2004
Terms
The American Legal System
• Criminal law
– Codes of behavior related to the protection of
property and individual safety
• Civil law
– Codes of behavior related to business and contractual
relationships between groups and individuals
The Nature of the Judicial
System
• Participants in the Judicial System
• Plaintiff - the party bringing the charge
• Defendant - the party being charged
• Jury - the people (normally 12) who often decide
the outcome of a case
• Standing to sue - plaintiffs have a serious interest
in the case.
• Justiciable disputes – A case must be capable of
being settled as a matter of law.
• Plea Bargains – most common result of a criminal
case
This is a list of the components of a Supreme
Court case – put them in the correct order and
make a concept map or flow chart with pictures
•
•
•
•
•
•
•
•
•
•
•
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Final Majority Opinion is issued
Final Dissenting Opinion is issued
4 Judges agree to hear the case (Rule of 4)
Amicus Curiae Briefs are filed
Lawyers Prepare Briefs
The Case is appealed from a lower court
A Writ of Certiorari is granted
Votes taken
Opinion writing assigned
Judges sit in conference
Oral arguments are heard
Supreme
Court
Cases