The National Judiciary

Creation of a National Judiciary

In the times of the Articles of Confederation there were no national courts

Court decisions in one state was most likely denied in other states

A National Judiciary established by Article III of the Constitution

“the judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time

ordain and establish”

US Constitution: A Dual Court System

The US has two separate courts Federal Courts State Courts

Jurisdiction: Who gets to Hear and Decide a Case Plaintiff: person making legal

complaint Defendant: person against whom

the case will be tried If a case can only be heard by

federal courts it has exclusive jurisdiction

If the State and Federal courts both hear a case it has concurrent jurisdiction

Original and Appellate Jurisdiction

A court in which a case is first heard has original jurisdiction

A court that hear a case on appeal from a lower court has appellate jurisdiction

The appellate court can uphold or overrule a decision from a lower court

Two Kinds of Federal Courts

Judiciary Act of 1789: Proposed a 3 tier structure for the Federal Courts

Federal Courts are divided into Supreme Court Inferior Courts

Inferior Courts are divided into The Constitutional Courts The Special Courts

Appointment of Federal Judges

Appointed by President with Senate consent Usually from President’s political party Senatorial Courtesy-a senator from

the same state as the nominee may block the nomination for any reason.

Confirmation begins in Senate Judiciary Committee

Terms

The judges of the constitutional courts are appointed for life – until they resign, retire or die in office

The judges of the special courts serve 15 year terms

Can be impeached by Congress

Pay Congress controls the pay of Judges Both House and Senate versions of the bill

call for the same pay increases. District court judges' salaries would go

from $165,200 to $218,000; appeals court judges would rise from

$175,000 to $231,000 Supreme Court associate justices would

go up from $203,000 to $267,900. The chief justice's salary would go from

$212,000 to $279,000.

Benefits

They may retire at the age of 70 if they served at least 10 years

They will receive full salary for the rest of their lives

The Chief Justice may call any retired judge back to temporary duty in a lower court at any time

Inferior Court System

Federal District Courts Created by Judiciary act of 1789 600 judges hear 50 states divided into 89 federal

districts Hear both criminal and civil cases

US Court of Appeals Hears appeals from District Courts

US Court of Appeals

Created in 1891 by Congress to relieve the Supreme Court’s overloaded docket Currently separated into 12 different

courts(circuits) Each court is assigned 12 judges to

hear cases in their assigned circuits Each court also has a Supreme Court

Justice assigned to oversee cases 3 judges required to provide ruling

Review

1. Why was a national court system formed?

2. Inferior Courts are divided into what two courts?

3. What's the difference between exclusive and concurrent jurisdiction?

4. What is the difference between original and appellate jurisdiction?

The Supreme Court

Supreme Court

The Supreme Court is the only court established by the constitution (Article III)

Composed of 1 Chief Justice (John Roberts) and 8 Associate Justices

How Cases Reach the Court Over 8,000 cases a year are

appealed to the Supreme Court Only a couple hundred are heard

because they already agree with a decision of a lower court

Rule of 4- In order for the Supreme Court to hear a case, 4 of 9 justices must agree to hear the case

How Cases Reach the Court Most cases reach the Supreme

Court by writ of certiorari (Latin meaning “to be made more certain”)

A writ is an order by the Court directing a lower court to send up the record in a given case for its review

How Cases Reach the Court A few cases reach the Court in yet

another way, by certificate This process is used when a lower

court is not clear about the procedure of the rule of law that should be applied in a case

Oral Arguments

The Supreme Court hear arguments on Monday – Wednesday & sometimes Thursday

Lawyers arguments are always limited to 30 min

The Court hears oral arguments for 2 weeks; they then recess for two weeks to consider the cases

Opinions

The Courts decision is often called the majority opinion.– It announces the Court’s decision in

a case and sets out reasoning on which it was based

The majority opinions stand as precedents, or examples to be followed in future cases

Opinions

Justices may add or emphasize a point that was not made in the majority opinion with a concurring opinion

One or more dissenting opinions are written by justices who do not agree with the court’s decision

Judicial Restraint vs. Judicial Activism

Judicial Restraint: – Judge should interpret const. based on framers’ intent– Laws only overturned if clear violation of Const. original

meaning– defer to the actions of the Executive and Legislative

branch in making decisions unless case is clear violation of Constitution. Don’t believe in “making law from the bench”

Judicial Activism: – Judge can adapt the meaning of the const. to meet

demands of modern realities– Belief that Constitution is a living document that

evolves with the times– judge often use position to promote desirable social

ends

Highlights of Supreme Court History The Marshall Court

– Headed by Chief Justice John Marshall

Marburry vs. Madison (1803)- establishes principal of Judicial Review

McCulloch v. Maryland-expand implied powers through interpretation of necessary and proper clause

Gibbons v. Ogden (1824)- asserted federal govt’s power to regulate commerce

Dred Scott v. Sandford (1857)- – Scott (a slave) sued for his freedom– Taken to free territory of Illinois by

owner– Supreme Court ruled that he was

still a slave and that slaves were never envisioned to become citizens

Plessy v. Ferguson– Discrimination/Segregation case

that established Separate but Equal doctrine that fueled segregation in the South until 1954

The Court and The New Deal– In the 1930’s the court clashes

over FDR’s New Deal programs– FDR proposed a law that would

allow him to add 6 new Justices to the Supreme Court

– “Attempt to “pack the Court” met with fierce resistance, FDR withdraws but due to his lengthy time as President, appoints many liberal justices

The Warren Court (1953- 1969)- 16 year period led by Chief Justice Earl

Warren- Many justices were FDR appointees- Seen as very liberal, judicial activist period of

court- Brown v. Board of Education (1954)- overturns

Plessy’s “Separate but Equal” doctrine/ makes segregation illegal

- Expanded rights of people accused of crimes (Miranda v. Arizona)

- Ended prayer in public schools