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