The Judicial Branch

Est. by Article III

Of the US Constitution

Current Supreme Ct. Justices

• John Roberts, Chief Justice (2005 by GW Bush)

• John Paul Stevens (1975 by Ford)

• Samuel Alito (2006 by GW Bush)

• Antonin Scalia (1986 by Reagan)

• Anthony Kennedy (1988 by Reagan)

• Sonia Sotomayor (2009 by Obama)

More Current Justices

• Clarence Thomas (1991 by GHW Bush)

• Ruth Bader Ginsberg (1993 by Clinton)

• Stephen Breyer (1994 by Clinton)

Important Firsts on Supreme Ct• John Jay- 1st Chief Justice

• Thurgood Marshall- 1st African American appointed to Supreme Ct.

• Clarence Thomas is currently the only African American on the Ct.

• Sandra Day O’Connor- 1st woman appointed to Supreme Ct

• Sonia Sotomayor- 1st Hispanic

Key Terms and Info

Amicus Curiae- “friend of the court”

• May cite legal precedents that may persuade the ct to support a certain pt of view

• May be filed at the request of Supreme Court or with its permission

• Do not have to be parties in the case

• Usually supports only one side of the case

• Brief- a lawyers written statement on a case

• Criminal case- case that seeks to punish a person for breaking the law

• Civil suit- dispute over the rights and responsibilities of the parties to a case

• Defendant- the accused in a court of law

• Plaintiff- the person that brings a case to court (Civil)

• Injuction- a writ prohibiting an individual or organization from performing a specific action

• Writ of mandamus- order an individual or group to perform a specific action

• Writ of certiorari- request from a higher court for a lower court to turn over case files for review by the higher court

• Judicial review- power of the Supreme Ct to declare a law unconstitutional

• Judicial restraint- right of Supreme Ct to refuse to consider a controversial case

• Sovereign immunity- gov’t is protected from lawsuits

• Appeal- a request from the losing party in a case that the decision be reviewed by a higher court

Jurisdiction- who has authority to hear a case

• Exclusive jurisdiction- can be heard only in federal court

• Concurrent jurisdiction- case can be tried in state or federal court

• Original jurisdiction- right of a court to hear a case first

• Appellate jurisdiction- hear a case on review

-Congress has created all courts except the Supreme Court

- Federal judges are appointed by the President and approved by the Senate

-2 groups that influence the Pres appointing of judges

1. Political Party

2. Senators from the President’s state (senatorial courtesy)

-judges will time retirement to wait for president with same ideology (philosophy or party)

-Seniority does NOT determine who becomes Chief Justice

Federal Judges

• Appointed for life to protect from political interference

• No Formal Qualifications

• Removed through Impeachment process

• Criticism- judges are appointed; thus they should not be allowed to make public policy

Supreme Court

• 1 Chief Justice ($208,000) and 8 Associate Justices ($199,200) – Number and salary NOT set by Constitution but by Congress

• 6 judges must participate to hear a case

• Rule of Four- how Supreme Ct decides what case to hear (4,000-5,000 petitions; hear less than 200)

• Take a simple majority vote to determine ruling

• Session begins 1st Monday in October- lasts about 10 months

More Supreme Ct Info

• Works in Two Week intervals

a.) Sitting- Monday through Thursday

Friday is Conference Day

b.) Recess- write opinions and prepare for the next set of cases

Types of Opinions• Majority Opinion- written by one of justices that

voted with the majority and explains why they made their decision

• Concurring Opinion- written by justices that voted with the majority but for a different reason than given in majority opinion

• Dissenting Opinion- written by one of justices that disagrees with decision

• Supreme Ct only one to have both Original and Appellate Jurisdiction

• Most Cases are appeals from Federal Appellate Courts and State Supreme Cts.

• Types of Original Jurisdiction– 1. Conflict between 2 or more states or state & fed.

Govt– 2.Cases involving ambassadors or foreign diplomats

Supreme Court Historyand Landmark Cases

• Feb. 1, 1790- John Jay and 5 associate justices met at Royal Exchange Building in NYC= First session of Supreme Court.

• 4 Landmark Cases

1. Marbury v. Madison (1803)

a. first decision to declare an act of Congress unconstitutional

b. Supreme Ct refused to allow Congress to

expand the Courts original jurisdiction

c. case est. the principle of judicial review.

d. Justice Charles Evans Hughes said, “the

Constitution means what the judges say it

means.”

2. McCulloch v. Maryland (1819)

a. court held that Congress had implied as well

as enumerated powers

b. Supreme Ct said that Congress had the right

to create a national bank.

• 3. Gibbons v. Ogden (1824)

a. Congress had the right to regulate interstate

trade

b. allowed the US to grow into the greatest open

market in the world

4. Dartmouth College v. Woodward (1819)

a. Supreme Ct may declare state laws unconst.

b. states may not alter contracts with corporations

• Other notes:

Weakness in Articles of Confederation- no judiciary

- Special Courts differ from Constitutional courts in that they deal with specific limited ranges of law

- Territorial courts function similar to US District courts-Puerto Rico has a district court but not a territorial court