judicial branch the federal courts. the supreme court the constitution assigns the duty of...
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Judicial Branch
The federal courts
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The Supreme Court
• The Constitution assigns the duty of interpreting the law to the courts.
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The federal courts pose a special challenge to American
democracy• Federal judges are
appointed to their positions.
• And they are often in the thick of policymaking on issues ranging from abortion to prayer in public schools.
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How can we reconcile powerful courts populated by unelected
judges with American democracy?
• Do they pose a threat to majority rule?
• Or do the federal courts actually function to protect the rights of minorities?
• To determine the appropriate role of the courts in our democracy, we must first understand the nature of our judicial system.
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In addition to the Supreme Court, there are…
• 12 federal courts of appeals,
• a Court of Appeals for the Federal Circuit, and
• 90+ federal district courts
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There are basically two kinds of law:
• criminal law where the government charges an individual who violated specific laws, such as robbery, and…
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civil law which involves a dispute between two parties
• civil law cases range from divorce proceedings to mergers of multinational companies
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It is important to remember that about 98% of all the
criminal cases in the U.S. are heard in state and local court
systems…• and, most
accused of federal crimes enter guilty pleas as part of a plea bargain
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Also, the vast majority of civil cases in the federal courts are
settled out of court• Only about 2% of
the more than 250,000 civil cases in the federal courts are decided by trials.
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What does the Constitution say about federal judges’
qualifications?
• absolutely nothing!
So… that begs the question: could a President appoint just anybody?
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In the last few decades, courts have made policies involving school busing,
abortion, bilingual education, prison conditions, and many other key
issues.
• Many scholars and judges favor a policy of judicial restraint, in which judges adhere (stick) closely to precedent and play minimal roles.
• On the other side are judicial activists who favor judges making bolder policy decisions. They say courts may alleviate (help) pressing needs
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It is important to keep in mind that most judicial policymaking and enforcement of
laws take place in the state courts and the lower federal courts.
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• Under the Articles of Confederation, there was no national judicial system; this resulted in somewhat chaotic situations when states disagreed or ignored each others’ decisions, so…
• the Constitution writers created a dual court system:– one national level
of courts – 50 state systems of
courts– This organization
obviously reflects the principle of federalism.
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The vast majority of cases that make it to the Supreme Court
are from…1. state appellate
courts, and
2. lower (or inferior) federal courts
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Federal courts
• Supreme Court – considered the highest court because it is the last court at which federal questions can be decided
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The Supreme Court is the only court with both original and
appellate jurisdiction• has original
jurisdiction over any disputes among states and …
• any case brought against ambassadors
• up to 5,000 cases are appealed to the Supreme Court each year, but the Court only hears a few. At least 4 Justices have to agree to hear a case (“rule of four”)
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•The Court decides about 120 cases each year
•When the Court accepts a case for review, it issues a writ of certiorari
•The Court works from the 1st Monday in October until the following June/July
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Opinions of the Court
• majority opinion- also known as the Opinion of the Court
• concurring opinion – Justice agrees with the majority opinion, but for a different reason
• dissenting opinion – Justice disputes the majority opinion
• these opinions stand as precedents meaning they affect every state and federal law pertaining to the issue
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Lower federal courts
• Courts of Appeals (12)
• district courts (90+) – hear the greatest number of cases
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More federal courts…
• Court of International Trade – hears cases involving international law
• special courts – have limited jurisdiction– Court of Military Appeals – civilian judges– Court of Veterans Claims– Claims Court– Tax Court– courts of the District of Columbia– territorial courts (Guam, N. Marianas, Virgin
Islands)
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Marbury v. Madison (1803)
• Its importance cannot be overstated – it established the right of judicial review
James Madison
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How much do the Justices make?
Chief Justice: $202,900 annually
Associate Justices:$194,200 annually