Judicial Branch- The Courts
Unit V
Role of the courts in Role of the courts in American governmentAmerican government
Make policy
Can undo work of representative institutions
Judicial Activism or Judicial Restraint?
Constitutional advocates?
Bush v. Gore
Citizens United v. FEC
Power on federal Power on federal courtscourts
U.S. Constitution Articles I-VII Amendments 1-10 aka Bill of Rights Amendments 11-27
Marbury v. Madison
Judicial review
Checks and Balances
Judicial review of state Judicial review of state lawslaws
Organization of Federal Organization of Federal Courts todayCourts today
Each state
pyramid
U.S. District CourtsU.S. District Courts 94
Trial court
Civil cases
Criminal cases
Most settle out of court
Federal Circuit Court Federal Circuit Court of Appealsof Appeals
12 regional courts
13th court
Federal court of Federal court of appeals(cont.)appeals(cont.)
Panel of 3
Opinion writing
Stare decisis
Supreme CourtSupreme Court Equal justice under the law while making
justice the guardian of liberty
Jurisdiction: original and appellate
Supreme Court Supreme Court (continued)(continued)
Control over docket (rule of four) Solicitor general Amicus curiae brief Grant review Oral arguments Conference Judgment Chief Justice
COURT SYSTEM
How does a person How does a person become a judge?become a judge?
Nominations - Senate Judiciary committee
Senatorial courtesy
Political ideology
Supreme Court Justices
SCOTUS
U.S. Supreme Court 2010
Supreme Court of the United Supreme Court of the United
StatesStates
Supreme Court is the ultimate court of appeals in the United States.
Usually this is determined by the rule of law or process..not the merit of the case.
Their power to hear a case is discretionary and they do not have to give any reason for refusing to hear a case from their docket.
SCOTUSSCOTUS If the Supreme Court chooses to hear a
case, the lower court ruling stands.
If they chose to not a hear a case, they do not have to give any rationale for why why they have chosen not to hear the case..but sometimes they do.
SessionSession First Monday of October each year and
usually continues in session through June.
Receives and disposes of approximately 5,000 cases a year. A) Subject matter is not proper. B) Subject matter is not sufficient to warrant a
review of the full Court.
SessionSession Cases are heard with all the Justices sitting
together in open court.
Each year the Supreme Court hears about 150 cases of national importance and 3/4ths of such decisions are announced in full published opinions.
Majority, Concurring, and Dissenting Opinions
U.S. Supreme CourtU.S. Supreme Court Located in back of the U.S. Capitol Building
U.S. Supreme CourtU.S. Supreme Court
John G. Roberts, Jr.John G. Roberts, Jr. Chief Justice Born in 1955 (54) J.D. Harvard Law U.S. Court of
Appeals for DC in 2003 (GWB)
George W. Bush nominated him C.J in 2005 [78-22]
Roman Catholic
Antonin ScaliaAntonin Scalia Associate Justice Born in 1936 (73) LL.B Harvard U.S. Court of
Appeals D.C. in 1982 (Reagan)
Ronald Reagan nominated him in 1986 [98-0]
Roman Catholic
Anthony M. KennedyAnthony M. Kennedy Associate Justice Born in 1936 (73) LL.B Harvard U.S. Court of
Appeals 9th Circuit in 1975 (Ford)
Ronald Reagan nominated him in 1988 [97-0]
Roman Catholic
Clarence ThomasClarence Thomas Associate Justice Born in 1948 (61) J.D. Yale U.S. Court of
Appeals D.C. in 1980 (GHWB)
George H.W. Bush nominated him in 1991 [52-48]
Roman Catholic
Ruth Bader GinsburgRuth Bader Ginsburg Associate Justice Born in 1933 (76) LL.B Columbia U.S. Court of
Appeals D.C. in 1980 (Carter)
Bill Clinton nominated her in 1993 [96-3]
Jewish
Steven G. BreyerSteven G. Breyer Associate Justice Born in 1938 (71) LL.B. Harvard U.S. Court of
Appeals D.C. in 1980 (Carter)
Bill Clinton nominated him in 1994 [87-9]
Jewish
Samuel A. Alito, Jr. Samuel A. Alito, Jr. Associate Justice Born in 1950 (59) J.D. Yale U.S. Court of
Appeals 3rd Circuit in 1990 (GHWB)
George W. Bush nominated in 2006 [58-42]
Roman Catholic
Sonia SotomayorSonia Sotomayor Associate Justice Born in 1954 (55) J.D. Yale U.S Court of
Appeals 2nd Circuit in 1998 (Clinton)
Barack Obama nominated in 2009 [68-31]
Roman Catholic
Elena KaganElena Kagan Associate Justice Born in 1960 (50) J.D. Harvard Initially appointed but
not confirmed to U.S. Court of Appeals (D.C.) (Clinton) expired
U.S Solicitor General of the U.S. (Obama)
Barack Obama nominated in 2010 [63-37]
Judaism
U.S. Supreme Court 2010
The Roberts Court, 2010Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg
Justices of the Justices of the Supreme CourtSupreme Court
Nine Justices led by a Chief Justice of the Supreme Court. His/her main duty is administrational and ceremonial.
Nomination and confirmation can sometimes become very “political”
Conservative, Moderate, Liberal
Republican to Republican appointees
Democrat to Democrat appointees
Almost always…
Federal systemFederal system 94 district courts: criminal and civil cases
13 appeals courts: appellate
Justices - on for life
1 Supreme Court - Judicial review Marbury v. Madison
SCOTUS
Consequences of Judicial Consequences of Judicial DecisionsDecisions
Others to implement its policies
Longest legacy of U.S. President?
John Paul Stevens appointed by Ford and recently resigned under Obama
Liberal and Conservative Cycles
Judicial BranchUnit V