the judicial branch ap u.s. government & politics 2015
TRANSCRIPT
Two Kinds of Disputes
• Criminal: a person is accused of breaking the law– Example: murder
• Civil: between two people or groups – Example: divorce, law suit
Two Parties
• Plaintiff: person bringing the complaint/ “wronged” party in civil case
OR • Prosecution: government charging accused
person in criminal case VS. • Defendant: person accused of breaking the law
(criminal) or person accused of causing complaint (civil)
Jury
• citizens; hear the facts of the case • Chosen by voting registration, driver’s license, taxes• Excluded: criminals, over 70, ill, illiterate • Sent writ of venire facias (you must come) Types: • Grand Jury – felony; decide if enough evidence for
trial (indictment) • Trial – 12 people, unanimous verdict• Bench trial – no jury, judge decides
Interpreting the law
• A court decision may set a precedent• Guidelines for how future cases should be
determined• Stare decisis – rely on precedent to form opinion
on new cases • Examples: • Lemon v. Kurtzman (1970) created “Lemon Test”
precedent • Engel v. Vitale (1961) and Sante Fe v. DOE (1999)
Decisions:
• What does the law mean? • Is it constitutional (SCOTUS)? • Has a law been violated?
Can only interpret law when hearing a specific case; cannot interpret at will
The Court System
• Most legal cases, disputes and violations start at lower courts and are decided there
• Federalism: Federal courts hear cases related to federal law; state courts hear cases related to state law
Appellate
• Higher court reviews decisions to see if justice was served by lower court decision
• No “trial” … panel of judges/justices
Constitutional
• Article III• SCOTUS – only court specifically mentioned in
Constitution, all other courts created by Congress
• Judges can’t be fired, but can be impeached for “bad behavior”
• Appointed by President, confirmed by Senate
Federal Courts
• District: • Original jurisdiction• Criminal and civil cases• 94 districts• Just under 700 judges • 300,000 cases a year
Federal Courts
• Appellate: • No trial 3 judge panel • No new facts• 13 courts • 168 judges hear about
35,000 cases a year
Supreme Court
• “Court of last resort”• Precedents are binding • Original and appellate jurisdiction• Judiciary Act of 1789– Established federal court system– Set # of justices at 6, there are now 9 (since 1869)
• Marbury v. Madison judicial review • FDR: “courtpacking” tried to increase number of
justices to get SCOTUS to support New Deal
State Courts
• Highest state court/appeals (In Georgia, State Supreme Court)
• Lower state courts/trials (In Georgia, Superior courts then Intermediate Court of Appeals)
State courts handle cases involving: • divorce and child custody matter• probate and inheritance issues• real estate questions, and juvenile matters• most criminal cases, contract disputes, traffic violations, and personal
injury casesFederal courts hear cases involving: • the constitutionality of a law• cases involving the laws and treaties of the U.S.• ambassadors and public ministers• disputes between two or more states• admiralty law• bankruptcy cases.
Supreme Court Justices
Who are they? • John Roberts (C)• Anthony Kennedy• Ruth Ginsberg (L)• Samuel Alito (C)• Elena Kagan (L)• Antonin Scalia (C)• Clarence Thomas (C)• Stephen Breyer (L)• Sonia Sotomayor (L)
Sandra Day O’Connor
• 1st female justice• Conservative to moderate• 1981 – 2005 (nominated by Reagan,
succeeded by Alito) • Swing vote in many cases
Thurgood Marshall
• 1st African American justice• Served by 1967-1991• Nominated by LBJ, succeeded by Thomas • Lawyer for Brown v. BOE
Judicial Philosophies **
Judicial Activism = liberal• Court should play active role in determining
policies• Loose interpretation of Constitution• Should set precedents
Judicial Philosophies **
Judicial Restraint = conservative• Court should avoid political and social questions• Strict interpretation of Constitution• Should not seek to set precedents
** Conservative and liberal not set in stone for justices, necessarily. Ex: Affordable Care Act/Roberts
Things the President considers…
• Political Ideology– Same party or ideology– Balance court (race, religion, region, gender)
• Policies– Will support policies of the President
• Judicial Experience– Previous judicial experience and past case decisions
• Litmus test– Ideological Purity test not too liberal or conservative– Key issues: Gay rights, abortion
• Acceptability– How controversial? – Will he/she uphold Constitution over personal beliefs?
The confirmation process
• After President nominates, Senate has to approve (majority)
• Confirmation hearing – nominees are asked questions about their personal life, career, finances
• Senate votes
Who influences nominations and confirmations?
• Interest Groups: support/oppose; lobbyists pressure senators
• American Bar Association: organization of attorneys; give ratings of justice nominees
• Current justices: support or oppose
Supreme Court
• Original Jurisdiction: • Between 2 + states• U.S. vs. State governments• US and foreign ambassadors • Constitutional issues ** this only makes up about 2-3 cases per year, most are appeals
Appellate Jurisdiction
• Writ of certiorari: order by SCOTUS for lower court to send up records in a given case for review
• Most involve serious constitutional issue or interpretation of federal act or treaty
Rule of Four
• SCOTUS clerk screens 9,000 petitions (writ of cert)
• Justices meet weekly to discuss petitions• If 4 of 9 agree to hear, it is placed on the
calendar • Only about 75 cases are granted a year
SCOTUS at work
• Solicitor General– Handles all appeals on behalf of US government – Controls case schedule – 4th ranking member in Justice Department – Current: Donald Verilli
Briefs
• Written statement arguing 1 side • Relevant facts, legal principles, and
precedents, as well as summary of lower court decisions
• “amicus curiae” = “friend of the court”– Submits brief because they want their opinion
heard (most are abortion/affirmative action)
Oral Arguments
• Lawyers have 30 minutes each to speak to justices
• Emphasize major points of brief
Conference • Justices meet in secret session to discuss and
vote. Chief Justice presides. Each justice gives opinion.
• Roberts likes debate so this part is important in current SCOTUS
Opinions
• After decision is made, justices writes formal opinion– Explains decisions and how they voted– Issues of the case, precedents, guidelines for future
cases• Three types: – Majority: decision of 5+– Concurring: voted with majority but for different
reasons than majority opinion – Minority/Dissenting: vote against (4 or less)
Factors that Influence SCOTUS decisions
1. Precedents: stare decisis (let the decision stand) • most SCOTUS cases are based on precedents
from earlier cases– Example: Baker v. Carr and Wesberry v. Sanders
• Sometimes precedents are overturned – Example: Plessy v. Ferguson and Brown v. BOE
Factors that Influence SCOTUS decisions 3. Public Opinion • Independent Branch
– Appointed for life– Can’t decrease salary– Control own schedule (writ of cert) – Limited public access (no media, unless given permission)
• Still influenced though … – Appointed and confirmed, so their decisions and ideology matter– Constitution can be amended– Congress can change jurisdiction– Congress can change number of justices– Justices can be impeached– Sensitive to important issues of the nation (in other words, they’re
human too!)