UNIT 3: JUDICIAL BRANCH
Chapter 8: The Federal Courts and the Judicial
Branch
Chapter 13: Supreme Court Cases
Judicial Branch: The American Court
System

A dual court system
 State
courts:
 Hear
the majority of cases; deal with state laws and state
constitutions
 Federal
 Deal
courts
with the constitution and federal laws
The American Court System, cont’d…

Jurisdiction
 Authority
to hear and decide a case
 Exclusive Jurisdiction: Federal courts have the sole right
to hear a case
 Concurrent Jurisdiction: Cases fall under both state and
federal purview
 Involves
residents of different states and amount of money
involved exceeds $75,000
 Plaintiff: Person making the legal complaint
 Defendant: Person against whom the complaint is filed
Structure of the Federal Court System


Founding Fathers did not provide great detail for our
courts in Article III
Judiciary Act of 1789: Detailed the SCOTUS, three
tiered system
District Courts: Trial courts for the federal system, original
jurisdiction over criminal and civil cases heard in the federal
system; 94 in US
 Courts of Appeals: Above the district courts; appellate
courts; 12 in US
 Supreme Court: Top tier, “Court of last resort,” 100 cases
heard per year (from 8,000 petitions)

Federal Judges



Constitution gives the president power to nominate
all federal judges
Approval by Senate
Factors to consider:
 Legal
expertise
 Party affiliation
 Judicial Philosophy (Judicial restraint v. judicial activism)
 Opinions of Senate
Judicial Restraint v. Judicial Activism



Judicial Restraint: Concept that a
judge should interpret the
Constitution according to the
Framers’ original intention; narrow,
limited decisions
Judicial Activism: Judges can adapt
the meaning of the Constitution to
meet the demands of contemporary
realities; broad, sweeping decisions
Precedent: Previous court rulings
Stare Decisis



“Let the decision stand”
Often times the SCOTUS makes rulings based on
precedent, or how the court had previously ruled in
similar cases
Once their decision is made, that is the end of it!
Checks and Balances





Judicial Review
Established in Marbury v.
Madison (1803)
Appointment process
Framers thought making
judgeships permanent would
help ensure judicial
independence
Amendment process
District Courts

United States District Courts



Trial courts-94 in the United States
Most cases are heard by a judge without a jury
Handles about 300,000 cases/year
District Courts


Civil cases that deal mostly with bankruptcy,
property damage, contract disputes, civil rights,
postal laws, etc.
Criminal cases that deal with forgery, counterfeiting,
fraud, narcotics, interstate automobile theft
District Courts



Grand Juries
Judges preside over trial process
Magistrate Judges: Responsible for overseeing some of
the early hearings of a criminal trial when routine
matters are carried out




May also hear misdemeanor trials
US District Attorney : Represent the US Government in
federal court
Public Defenders
US Marshals
Federal Courts of Appeals




13 total (12 throughout the 50
states and 1 in DC)
Hear cases on appeal; 65,000
per year; mostly criminal and
civil cases
Appellant: Has to show the
original ruling was based on a
legal mistake
No jury trials, cases ruled on
by a panel of judges, no
witnesses or evidence
Federal Courts of Appeals



Power to review all final decisions of the federal
district courts
Determines whether a federal law has been
correctly applied by the district courts
Federal Circuit: Has nationwide appellate
jurisdiction for cases involving certain areas of law
(international trade, government contracts, patents,
etc.)
Other Federal Courts








US Court of International Trade
US Tax Court
US Court of Appeals for Veterans
US Court of Federal Claims
US Court of Appeals for the Armed Forces (Courts
martial)
National Security Courts
Military Commissions
Washington, D.C. and Territorial Courts
Supreme Court of the United States
(SCOTUS)


Started out nearly powerless, evolved over time
Chief Justice John Marshall from 1801-1835
 Believed
in expansive power of the Supreme Court
 Oversaw
 Marbury
v. Madison (Judicial review)
 McCulloch v. Maryland (National supremacy; Necessary and
Proper Clause)
 Gibbons v. Ogden (Fed. Gov’t would regulate interstate
commerce)
Other Important SCOTUS Decisions









Dred Scott v. Sanford (1857)
Civil Rights Cases (1883)
Plessy v. Ferguson (1896)
Lochner v. New York (1905)
Brown v. Board of Education (1954)
Gideon v. Wainwright (1963)
Miranda v. Arizona (1966)
Tinker v. Des Moines (1969)
Bush v. Gore (2000)
Choosing Supreme Court Justices


Presidents use same criteria as federal judge
selections
No formal job requirements for Justices
 Most
have background in law and have been judges in
lower courts



Share judicial philosophy/political affiliation
Assess level of Senate support
Confirmation hearings: Senate Judiciary Committee
 Their
vote guides the full Senate vote
SCOTUS Procedures


Term begins first Monday in
October through June or July
Two week blocks
 First
block-listen to lawyers present
their cases
 Second block-work behind closed
doors to make rulings, determine
what cases to hear, and issue orders
 Dozens of clerks help with this
procedure
Selecting Cases





Typically only hears a handful of cases where they
hold original jurisdiction
Most cases come from an appeal
 Asks
the SCOTUS to issue a writ of certiorari
 An
order seeking review of the lower court case
Some come through highest state courts
100 total cases are placed on the court’s docket for
the year
Rule of Four: Majority is not needed to hear a case
“Hearing” a Case



Read briefs
Consider “amicus” briefs
Oral arguments
 30
minutes to present the case to the Justices
 Questioning
Opinions



Justices meet privately to discuss the case
Conducts own research/ study
Produce opinions:
 Majority
Opinion: At least five justices agree
 Concurring Opinion: A justice may agree with conclusion
but for different legal reasoning
 Dissenting Opinion: A justice disagrees with the majority
decision, can influence future judgments
Court Orders

SCOTUS can issue 50-60 brief, unsigned court
orders
 Have
a lower court reconsider a case in light of one of
SCOTUS’ decisions
Reviewing the Courts
1)
2)
3)
4)
5)
6)
7)
Explain the dual court system
Explain the difference between concurrent and
exclusive jurisdiction
Identify three things the President must consider
when naming a federal judge
Explain the difference between judicial restraint
and judicial activism
Define Stare Decisis
Identify three “special courts” on the federal level
Name 10 candy bars
CIVIL LIBERTIES AND CIVIL RIGHTS
Ch. 10: Civil Liberties
Ch. 11: Civil Rights
www.arizonacrc.org
Why does it matter?



Civil liberties are fundamental safeguards that
protect us from govt actions
Govt may not restrict freedoms, liberties w/o good
reason
Bill of Rights
 Ex:
freedom of speech, religion, personal security
The Bill of Rights
First proposed by George
Mason, but states already
had own protected liberties
Americans didn’t trust govt
after British rule
ballinyourcourt.wordpress.com
Supporters of Constitution
agreed to add a Bill of
Rights
Civil Liberties v. Civil Rights

Civil liberties:
 basic
freedoms all people have that are protected
against govt abuse
 Ex:
religious freedom, freedom from unreasonable searches
and seizures

Civil rights:
 Rights
of fair and equal status and treatment
 Right to participate in govt
 Ex:
right to petition govt
www.blackpast.org
www.isocindiachennai.org
Limits on Civil Liberties, Rights

Sometimes liberties
and rights conflict
 Smoking
in a public
place

Courts balance rights
with protecting the
common good
www.carnageandculture.blogspot.com
www.cnn.com
th
14



Amendment
Bill of Rights intended to limit federal govt
Forbade states from passing laws that would
“deprive any person of life, liberty, or property
without due process of law”
Supreme Court has incorporated much of the Bill of
Rights into the 14th Amendment
 “selective
incorporation”
 States
cannot enact laws that deny citizens protections by the
Bill of Rights
 Gitlow
v. New York (1925)
Religious Freedom

Two freedoms in U.S.:
 Govt
forbidden from
establishing an official
religion
 People have right to “free
exercise” of own religion
ourobamanation.wordpress.com
Establishment Clause

“Congress shall make no law respecting an
establishment of religion”
 Govt
cannot take actions creating official religion
 Govt cannot support one religion over another

Lemon v. Kurtzman (1971): law must meet all three
to be found constitutional:
1.
2.
3.
Have secular (non-religious) purpose
Neither advance nor inhibit religion
Not encourage “excessive” govt entanglement with
religion
Establishment Clause


Engel v. Vitale (1962)
Wallace v. Jaffree (1985)
www.wrensworld.com
Free Exercise

Religious practices can be limited
 Reynolds
v. U.S. (1878): polygamy
 West Virginia State Board of Education v. Barnette
(1943)
 Employment Division of Oregon v. Smith (1990)
 Church of Lukumi Babalu Aye v the City of Hialeah
Freedom of Speech, Press


If U.S. citizens are to fully
participate in democracy, they
must have access to full range
of opinions and information
Protecting rights often difficult,
especially unpopular ideas
nypeoplespress.blogspot.com
Freedom of Speech, Press

Limitations: obscenity, false advertising,
defamation, etc.
 Slander:
spoken defamatory comments
 Libel: written defamatory statements
 Must be false and show “actual malice”

New York Times Co. v. Sullivan (1964): public
figures have fewer legal protections
Freedom of Speech, Press


Schenck v. U.S. (1919): “clear and present danger”
Brandenburg v. Ohio (1969): “imminent lawlessness”
Photo of a 1914 anarchist
rally in New York's Union
Square.
www.pbs.org
Freedom of Speech, Press

Prior restraint: govt action seeks to prevent
materials from being published
 Near
v. Minnesota (1931)
 New York Times Co. v. Nixon (1971)

Symbolic speech: communication of ideas through
symbols, actions
 Tinker
v. Des Moines (1969)
 Texas v. Johnson (1989)
Freedom of Assembly, Petition

Govt cannot deny people right to
“peaceably assemble and to
petition the Govt for a redress of
grievances”
 Edwards


v. South Carolina (1963)
Govts can restrict time, manner,
place
Freedom of association: NAACP v.
Alabama (1958)
xtimeline.com
Protecting Individual Liberties


Right to keep and bear arms: “A well regulated
Militia, being necessary to the security of a free
State, the right of the people to keep and bear
Arms, shall not be infringed”
Which emphasis?
 Individual
right?
 Right to form state militias?

McDonald v. Chicago (2010)
washingtonushistory.blog
spot.com
www.dailykos.com
scottthong.wordpress.com
Protecting Individual Liberties


Fourth Amendment: forbids “unreasonable searches
and seizures”
Must be probable cause (reasonable belief a crime
has been committed)
 Otherwise,
exclusionary rule in effect (evidence seized
illegally cannot be used in court)



Mapp v. Ohio (1961)
Today: PATRIOT Act weakens civil liberty
protections, some parts struck down (2007)
New Jersey v. TLO (1985): students
Protecting Individual Liberties

Right to privacy: not in Constitution, but . . .
 Griswold
v. Connecticut (1965)
 Roe v. Wade (1973)
 Planned Parenthood v. Casey (1992)

Due process of law
 Procedural:
concerns fairness of procedures
 Substantive: concerns fairness of laws
Rights of the Accused: SelfIncrimination


Person cannot be forced to
provide evidence against
self
Miranda v. Arizona (1966)
 Warnings
must be read
before questioning
 Right
to remain silent
 Right to an attorney
www.pbs.org
Rights of the Accused: Fair Trial

Sheppard v. Maxwell (1966)




Press coverage and jury selection
Trial by jury: may be waived by
defendant
Gideon v. Wainwright (1963):
right to attorney
Attorneys’ failures to meet
professional standards may
violate rights
courses.ttu.edu
Rights of Criminals: Punishment



“cruel and unusual” punishment illegal
Wilkerson v. Utah (1879): banned
torture
Capital punishment
 Furman
v. Georgia (1972): found
application of death penalty to be
arbitrary
 Gregg v. Georgia (1976): found
Georgia’s system constitutional w/
addition of high court review, separate
processes of sentencing
www.biography.com
Civil Rights in the U.S.



Civil rights: rights involving equal status and
treatment and right to participate in govt
Changed over time b/c definition of fairness and
equal treatment has changed
Story of U.S.: participation in govt has expanded
since founding
Equal Justice Under Law


Equal protection clause (EPC – 14th Amendment):
requires states to apply law same way for one
person that they would for another person in same
circumstances
All people not treated same in all respects:
reasonable distinction
 Ex:
7 year olds cannot vote
Equal Protection of the Law

Rational basis test: sometimes legitimate goal of
govt allows for reasonable, different treatment
 Ex:

Intermediate scrutiny test: higher standard to
determine if laws violate EPC


driving age in different states
Sexual discrimination
Strict scrutiny test: highest standard
 1.
fundamental right is restricted
 2. suspect classification: one based on race or nat’l
origin
pittqueertheoryf11.wordpress.com
Rolling Back Segregation


Plessy allowed de jure (by law) segregation
Legal challenges, lead by NAACP:
 Gaines
v. Canada (1938): SC declared equal protection
required states to offer equal facilities
 Sweatt v. Painter (1950): SC declared facilities
separate, but not equal; had to admit Sweatt
 Brown v. Board (1954): SC declared segregation
“generates a feeling of inferiority” and illegal
 Ordered schools desegregated; much resistance
 De facto (by fact) segregation still occurs
Affirmative Action

Policy that requires employers, institutions to provide
opportunities for people of certain historically
underrepresented groups
 Pro:
addressing past wrongs
 Con: reverse discrimination (again majority)

Regents of Univ. of California v. Bakke (1978):


Can take race into account, but not through quota system
Gratz v. Bollinger (2003):

Can take race into account, but not through automatic points
theurbanpolitico.com
Conservativecartoon.com