The Judicial Branch
Chapters 11 & 12
GPS: SSGC 16
 Students will demonstrate knowledge of the
operation of the federal judiciary.
– Explain the jurisdiction of the federal courts and state
courts.
– Explain how John Marshall established the Supreme
Court as an independent coequal branch of government
through his opinion in Marbury v. Madison ( Judicial
Review).
– Describe how the Supreme Court decides cases.
– Compare the philosophies of judicial activism and
judicial restraint.
Jurisdiction of the Courts
 The United States has a dual court system of state
and federal courts.
 The authority to hear certain cases is called the
court’s jurisdiction.
 States courts have jurisdiction over cases
involving state laws.
 Federal courts have jurisdiction over cases
involving United States laws, foreign treaties, and
interpretation of the Constitution.
Jurisdiction of the Courts
 Federal courts also have jurisdiction if
certain parties or persons are involved:
– Ambassadors and representatives of foreign
governments
– Two or more state governments
– The United States government or one of its
offices or agencies
– Citizens who are residents of different states
– Citizens who are residents of the same state but
claim lands under grants of different states.
Jurisdiction of the Courts
 In some cases federal and state courts have
concurrent jurisdiction, shared.
 In the federal court system, the district court
in which a case is originally tried is a trial
court. It has original jurisdiction.
 Federal courts of appeals have only
appellate jurisdiction, or authority to hear
cases appealed from district courts.
Jurisdiction of the Courts
Developing Supreme Court
Power
 The Supreme Court has become the most powerful
court in the world; its power developed from
custom, usage, and history.
 No federal court, including the Supreme Court,
may initiate action. The courts must wait for
litigants, people engaged in law suits, to come to
them.
Judicial Review
 The Supreme Court gained much power as a
result of the case of Marbury v. Madison.
 This case established the precedent of
Judicial Review, the right of the Supreme
Court to declare an act of Congress
unconstitutional.
Constitutional Courts
 Courts established by Congress under the
provisions of Article III are Constitutional
Courts.
 These include the federal district courts, the
federal courts of appeals, and the United
States Court of International Trade.
 The federal district courts were created by
Congress as trial courts for both civil and
criminal cases.
Constitutional Courts
 District Courts use two types of juries in criminal
cases.
 A Grand Jury hears charges against a person. If
they believe there is sufficient evidence, they issue
and indictment, a formal accusation charging a
person with a crime.
 A Petit Jury, or trial jury, weighs the evidence
presented at a trial.
 District courts carry the main burden in federal
cases and in most cases render the final decision.
Constitutional Courts
 The 13 courts of appeals ease the appellate
workload of the Supreme Court.
 There are 12 judicial circuits, or regions,
with one appellate court in each circuit.
The 13th court is a special appeals court
with national jurisdiction.
 The courts of appeals may decide to uphold
the original decision, reverse the decision,
or send the case back to the original court to
be tried again.
Constitutional Courts
Selection of Federal Judges
 According to the Constitution, the president
has the power to appoint all federal judges,
with the approval of the Senate.
 Presidents often appoint judges who share
their own points of view on key issues.
 Thurgood Marshall was the 1st Black Justice
on the Supreme Court. Sandra Day
O’Connor was the 1st woman Justice on the
Supreme Court.
Marshall & O’Connor
The Supreme Court
The Supreme Court
The Supreme Court
 Only one person has held the two highest
offices in the land, serving as president of
the United States and later as chief justice
of the Supreme Court. William Howard Taft
served as twenty-seventh president of the
United States from 1908 to 1913; President
Warren G. Harding later appointed Taft
chief justice of the Supreme Court, a
position he held from 1921 until his death in
1930.
William Howard Taft
The Supreme Court
 The Court has original jurisdiction over two
types of cases: those involving
representatives of foreign governments, and
those in which a state is a party.
Supreme Court Justices
 Congress sets the number of Supreme Court
justices. It has been nine since 1869
 The Court consists of eight associate justices and
one chief justice.
 Congress sets the salary of the justices and may
not reduce it.
 Congress may remove justices by impeachment
for treason, bribery, or other high crimes and
misdemeanors.
 The justices’ duties are not defined in the
Constitution but have evolved from laws and
through tradition, according to the needs of the
nation.
Supreme Court Justices
 The justices’ main duty is to hear and rule
on cases.
 The justices also have limited duties related
to the 12 federal judicial circuits; on
occasion they may serve on high-level
commissions
Supreme Court Justices
 Most justices have been federal or state
judges or have held other legal positions
such as attorney general; most have
considerable legal experience, are in their
50s or 60s, and come from upper
socioeconomic levels.
The Justices
Chief Justice
John Roberts Jr.
Appointed
September 29,
2005
1st Chief Justice
John Jay
Supreme Court Decision
Making
Ch 12
How Cases Reach the Supreme
Court
 The majority of cases concern appeals.
 Most appeals concern cases in which a lower state
or federal court has ruled laws unconstitutional.
Cases the Court chooses not to hear are dismissed,
and the ruling of the lower court becomes final.
 Most cases reach the Court by writ of certiorari, in
which either side petitions that a lower court’s
decision involved an error raising a serious
constitutional issue.
How Cases Reach the Court
 The chief justice puts certiorari cases on a
list for discussion; two thirds never make the
list. If four of the nine justices agree, a case
is accepted.
 Some cases are decided by a brief, unsigned
statement of the Court’s decision called a
per curium opinion; the rest are given the
Court’s full consideration.
Steps in Deciding Major Cases
 Each side submits a brief, a written
statement detailing legal arguments, facts,
and precedents.
 Parties not directly involved but with an
interest in the case may submit amicus
curiae, “friend of the court” briefs.
 Lawyers for each side make arguments
during which justices ask questions.
Steps in Deciding Major Cases
 The justices debate each case. Each justice
has one vote; a majority vote is needed to
decide a case.
 The justices may issue four kinds of
opinions: a unanimous opinion, a majority
opinion, a concurring opinion, or a
dissenting opinion.
 Justices’ written decisions, opinions
interpret the law and help shape public
policy.
Steps in Deciding Major Cases
 Unanimous Opinion – All agree.
 Majority Opinion – Most agree.
 Concurring Opinion – Agree with the
majority but for a different legal reason
 Dissenting Opinion – Disagrees with the
majority.
Did You Know?
 The Constitution sets no basic requirements
for Supreme Court justices, not even age
limits or citizenship. Neither a law degree
nor prior experience as a judge is
mandatory.
Shaping Public Policy
 The Court determines policy in three ways:
1.
2.
3.
using judicial review;
interpreting laws;
overruling or reversing its
previous decisions
 Judicial Review is the authority of the
Supreme Court to declare a law
unconstitutional.
Shaping Public Policy
 The Court’s rulings become precedents, or
models, on which to base other, similar
decisions.
 Since times change, the Court may overturn
or reverse its earlier decisions.
 Some decisions create social change.
Judicial Review
John Marshall was the
Chief Justice of the
Supreme Court who
wrote the majority
opinion in the
Marbury v. Madison
decision.
Judicial Review
 There are two areas of thought on how the
court should use its power to influence
society.
 Judicial Restraint – the court should avoid
taking the initiative on social and political
questions.
 Judicial Activism – the court should play a
role in shaping national policies.
Limits on the Supreme Court
 Generally, the Court’s decisions have dealt
largely with civil liberties, economic issues,
federal laws and regulations, due process,
and suits against government officials.
 Civil liberties cases make up the largest
number of Court cases; appeals from
prisoners comprise about one-fourth of
its cases.
Limits on the Supreme Court
 The Court hears only cases where its
decision will make a difference. Plaintiffs
must have suffered real harm, or cases must
involve a federal question. The Court avoids
political issues.
 The Court may never initiate an action.
Limits on the Supreme Court
 The Court’s power to shape public policy
also is limited by its own limited ability to
enforce its decisions. Noncompliance by
other courts also is difficult to monitor.
– Ex: The Court could not enforce its decision
that the Indian Removal Act was
unconstitutional.
Basing Decisions on the Law
 Justices must base their opinions on the law,
not on personal opinions.
 The Court must relate their interpretations
to the Constitution itself, relevant statutes,
and legal precedents.
 This means that they have to back up their
decision with the law.
Balancing the Court’s Power, Checks
and Balances
 The power of presidents to fill vacancies on the
Court, as every full-term president but Carter has
done, gives presidents influence over the Court.
 The president is responsible for enforcing the
Court’s decisions, but he or she may do so
vigorously or with little enthusiasm.
 Congress has the power to limit the Court’s ability
to hear certain cases; may propose a constitutional
amendment to overturn a decision; may set, but
not reduce, the justices’ salaries; and uses its
confirmation power to shape the Court’s position
on social issues.
Major Supreme Court Decisions
 Marbury v. Madison – established Judicial
Review.
 Miranda v. Arizona – established that police must
inform a person of his or her rights upon arrest.
 Plessey v. Ferguson – established that separate but
equal was constitutional.
 Brown v. BOE of Topeka – over turned Plessey v.
Ferguson.
 Gideon v. Wainwright – poor defendants in
criminal cases have the right to a state paid
attorney.
 Roe v. Wade – no states can pass laws restricting a
woman’s right to an abortion.