Transcript Identify the Following People

According to a June 2010 Survey by
FindLaw.com
• 2/3 of Americans could not name a single
member of the Supreme Court
• More people knew who sang Thriller and
Billie Jean than what was included in the Bill
of Rights
The Roberts Court, 2010
Top row (left to right):Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito,
and Elena Kagan. Bottom row (left to right): Clarence Thomas, Antonin Scalia,
Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg
Note Guide 1
THE JUDICIAL BRANCH
What does the Constitution Say About
the Structure of the Judicial Branch?
• Not much!
– People already had an idea of what a court
should look like and do
• Article 3 mentions the Supreme Court
– Gives Congress the power to establish lower
courts as needed
The Judicial Branch Has 2 Functions
1. Settling conflict and disputes
– Interpret the meaning of laws
– Apply the law to an actual situation
2. Establish precedent
– Sets guidelines for how future cases should be
decided
Two Types of Legal Conflict
Civil Law
Conflicts between private parties
• Disputes,
• Accidents
Criminal Law
Government measures to protect the
welfare of society and punish those who
fail to comply
Plaintiff
v.
Defendant
Prosecutor (Government)
v.
Defendant
Guilt based on a preponderance of the
evidence
• more likely than not the defendant is at
fault
Guilt beyond a reasonable doubt
• No other reasonable explanation other
than the accused did it
Compensation ($$)
Jail, Probation, Fines
Dual Court System
There are TWO separate
court systems in the US
– The national courts
(federal judiciary) with
over 100 courts
– EACH state has its OWN
court system
• Most cases are
heard in state courts
What is the difference between the
courts?
• It depends on a court’s jurisdiction
– The authority to hear and decide a case
Types of Jurisdiction
Federal (Exclusive)
Jurisdiction:
Cases that only can be heard in
federal court
• Federal laws & crimes
• Treaties & foreign countries
• Patents & copyrights
• Interstate & Foreign trade
• Disputes between states
• Habeas Corpus
State Jurisdiction:
Cases that only can be
heard in state courts
• State crimes
• Traffic violations
• Divorce
• Child custody
• Contract disputes
• Worker’s injury
• Inheritance
Concurrent Jurisdiction:
Cases that can be heard in EITHER federal or state
courts
• Federal/state crimes, civil rights, claims, US
Constitution, environmental regulation, class-action
Types of Jurisdiction
• Original Jurisdiction
– Power to hear a case for the FIRST time
• Appellate Jurisdiction
– Power to hear and decide a case that has
already been tried
• Look for errors made in lower courts
HOW IS OUR FEDERAL JUDICIARY
(NATIONAL COURT SYSTEM)
ORGANIZED?
Cases Heard in the Federal Courts
Cases that involve
• The Constitution
• Federal laws
• Civil cases where plaintiff and defendant are
from different states, citizens of different
states
Organization of Federal Courts
US Supreme
Court
US District
Courts
District Courts
• Lowest level of courts
• Original jurisdiction
– Cases start here
• 94 districts in 50 states
and territories
• Judge with jury
Named after former U.S.
Senator Thomas F. Eagleton
the United States
courthouse is 29 stories tall,
over a million square feet
and the largest single
courthouse in the country.
Court of Appeals
• Appellate jurisdiction only
– Determine if district courts made an error in
applying the law
• Panel of 3 Judges, no jury
Court of Appeals
12th Circuit:
Washington DC
13th Circuit – by
subject
(veteran’s
benefits,
trade)
Supreme Court
• Highest court
• 9 Justices – no jury
• One court meets in
Washington DC
• Original and
Appellate Jurisdiction
Special Courts
Established by Congress to deal with special
cases
•
•
•
•
•
•
•
•
Court of International Trade
Court of Veterans Claims
US Tax Courts
Military Courts
US Court of Appeals for the Armed Forces
Alien Terrorist Removal Courts
Foreign Surveillance Court
Military Tribunals
How do You Become a Federal
Judge?
President Appoints
Senate
Confirmation
Hearing
Full Senate
Vote (2/3
required)
Judge is
Confirmed
No Constitutional qualifications!!!
Term
• Hold office “during good behavior” = for life
• Until one dies, resigns, retires, removed
• 13 judges have been impeached; 7 removed
Supreme Court
The Supreme Court is described as the court of
last resort
• It is the highest court
• It has the final say
How is the SC organized?
• 9 Justices
– 1 Chief Justice
• John Roberts
• Runs the court
– 8 Associate Justices
• Appointed by the president
– Approved by the Senate (2/3 vote)
• Term: Serve for life
The Roberts Court, 2010
Top row (left to right):Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and
Elena Kagan. Bottom row (left to right): Clarence Thomas, Antonin Scalia, Chief
Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg
How the Court Operates
• The court “sits” from October to June/July
• Alternates between hearing and deciding
cases
– 2 weeks hearing cases
– 2 weeks deciding cases
Jurisdiction of Supreme Court
• Appellate Jurisdiction
– Most cases come to SC on appeals from the
Federal Appeals Court or state supreme courts
• Original Jurisdiction (1-2 cases per year)
– Cases involving disputes between states
– Cases brought against ambassadors
How does the SC Choose Its Cases?
• The party that lost the case at the appeals
level will petition (ask) the SC to take its case
• Supreme Court issues a writ of certiorari
– “to make certain”
– Legal document ordering the lower court to
send up the court record for review
Why is the Supreme Court So
Powerful?
Due to the power of judicial review
• Allows the Supreme Court to declare laws
and actions unconstitutional
• Established by Marbury v Madison (1803)
The Players
John Adams: Outgoing president
James Madison: TJ’s
Secretary of State
Thomas Jefferson:
In-coming president
John Marshall: Chief
Justice of the SC
William Marbury:
Appointed Justice of
the Peace by Adams
Changing the Constitution
• Delegates knew if the Constitution were to
last, it would have to be able to change and
adapt to new times and situations
Formal Amendment
A formal amendment is a change to the
Constitution in actual words
• 27 amendments to the Constitution
Step 1:
Proposal
(suggestion)
Proposed by Congress
with a 2/3 vote of each
house
Proposed by a national
convention called by
Congress at the request
of 2/3 of the state
legislatures (34)
Step 2:
Ratification
(approval)
Ratified by ¾ of the state
legislatures (38)
Most
common is
blue to red
Only 21st
Amendment
was blue to
purple
Ratified by 3/4 of states
at ratifying conventions
(38)
Green has
never been
done
Why do most proposals fail?
• Must have broad support
within society to change
the Constitution
– 2/3 for proposal hard to
achieve
– 3/4 for ratification even
more difficult
Equal Rights Amendment
Proposed Amendments of 111th
Congress
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Remove term limit for president
Establish a balanced budget amendment
Prohibit the desecration of the US flag
Abolish the electoral college
Repeal (cancel) the 16th Amendment
(income taxes)
• Set congressional term limits
Other Ways to Change the
Constitution
By interpretation
• How the words of the Constitution are read
and understood.
Examples of change through interpretation
• “We the People . . .” in the Preamble used to
mean white, male land-owners over 21 years
Do you know . . .
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Criminal Law
Precedent
Civil Law
Dual Court System
Levels of Federal Judiciary
Jurisdiction
– Original vs. Appellate
– Federal, State, Concurrent
Review
Petition
Writ of Certiorari
Rule of Four
Legal Brief
Oral Arguments
Conference
Majority Opinion
Dissenting Opinion
Concurring Opinion
Precedent
Judicial Review
Marbury v Madison
Selecting a judge
(process)