UNIT 4: SECTION 1
JUDICIAL BRANCH:
ROLES, RESPONSIBILITIES, AND POWERS
Essential Questions:
How are Supreme Court justices appointed
and confirmed by the executive and
legislative branches? What are their powers
and length of terms?
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The National Judiciary
• Law under the Articles of
Confederation
– There was no national
judiciary
– Each state interpreted
and applied the laws as
they saw fit
– When conflicts over
jurisdiction between
states, there was no way
to settle the dispute
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The National Judiciary
• There are two different court
systems in the US
– State Courts
• Each state is responsible for
maintaining its own court system
• State Courts deal with the laws
and issues that apply to the state,
not federal laws
– Federal (National) Judiciary
• Made up of more than 100 courts
nationwide
• Responsible for dealing with
cases involving the violation of
federal laws
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The National Judiciary
• The Types of Federal
Courts
• The Constitution calls for
the creation of the
Supreme Court and
leaves the creation of
other courts (the inferior
courts) to Congress
– The Inferior Courts
• Constitutional Courts
• Special Courts
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The National Judiciary
• Federal Jurisdiction
– Jurisdiction: the
authority of a court to
decide a case
• Types of Jurisdiction
Please copy the above diagram
– Exclusive Jurisdiction:
cases that can be heard
only in the federal courts
– Concurrent Jurisdiction:
those cases that may be
tried in either a State or
Federal court
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The National Judiciary
• Types of Jurisdiction
– Original Jurisdiction: the
court in which the case is
first heard.
– Appellate Jurisdiction: a
court that hears a case
on appeal (a challenge to
an earlier court ruling).
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The National Judiciary
• Choosing a Supreme
Court Judge
– The decision to appoint a
Supreme Court Justice is a
long process that has
lasting effects on future
generations
– The ruling history of a
candidate for the Supreme
Court is reviewed looking
for pattern on how the
candidate typically rules on
key issues
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The National Judiciary
• The Appointment of Judges
– Federal judges are appointed
by the President with
guidance from the Senate
– All appointments must be
ratified by the Senate
– They are usually chosen from
the Presidents’ own political
party
– The appointment of judges
leaves a lasting legacy of a
President that will continue
long after the President is out
of office
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The National Judiciary
• Judicial Philosophy: How a judge is
likely to interpret the Constitution?
– Judicial Restraint
• Believe judges should make case rulings on
the basis of the original intent of the Framers
• They should also rule according to
precedents (in line with previous decisions on
similar cases)
– Judicial Activism
• Believe judges should make rulings that
reflect the changes in society
• The focus is on what the Framers intended
• Believe the courts should take an active role
in fixing societies problems (Civil Rights and
Social Welfare Issues)
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The National Judiciary
• Terms of Service
– Judges appointed to the
Federal Courts serve for
life
– This was done in order to
allow the judiciary to
remain independent of
public opinion and political
pressure
• Salary:
– $179,000-$217,000
depending on the level of
court assigned
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The Inferior Courts
• Organization and
Jurisdiction
– District Courts
• There are 89 federal
courts across the US
• The courts serve as
original jurisdiction for
most federal cases
• Cases tried in the District
Courts usually involve
criminal actions /
violations of federal law
(tax evasion, fraud, bank
robbery, etc.)
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The Inferior Courts
– The Courts of Appeals (also
known as the Circuit Courts)
• 12 courts established across the
country .
• Typically, appeals trials will have a
panel of 3 judges hearing the case
• On particularly important cases,
the case may be tried “en banc”
with all of the judges of that
circuit hearing the case
• When people wish to challenge
the ruling of a lower (district)
court their case is brought before
the court of appeals.
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The Supreme Court
• The Power of Judicial Review
– The power to interpret
constitutionality of any law or act
of government
– Granted through the court
decision Marbury v. Madison The
decisions of the Supreme Court
have the potential of changing /
effecting history
• The end of Segregation, Abortion,
Birth Control, and many Civil
Liberties have been shaped through
decisions made in the Supreme
Court
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The Supreme Court
• How a case reaches the
Supreme Court and the Trial
Procedures
– Nearly 8,000 cases are brought
before the court each year
– The court hears only a few of
them (approximately 100 each
year), most are sent back to their
lower courts
• When a case is returned to the
lower court, the previous decision
stands
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The Supreme Court
• Step 1
– Those who are interested in having the
court hear their case file a writ of
certiorari an order from the court to
send the records to the Supreme Court
for review
• The Rule of Four: If at lease 4 Justices wish
to hear the case, the case is placed on the
docket for review at a later time
– The certificate process is used by lower
courts to file a case with the Supreme
Court when the lower court is not sure
of the procedure or rule of law that
applies to the case
• The SC gives the lower court advice then
returns the case for trial
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The Supreme Court
• Step 2
– Once the case is placed on the
docket, both sides of the case
prepare their briefs (their
arguments for the case)
– Oral Arguments
• Each side is given 30 minutes to
present their case before the Justices.
When necessary, the Justices will ask
questions
• Groups not directly involved in the case
may add amicus curiae briefs (friend of
the court briefs) to help with the case
by providing additional information
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The Supreme Court
• Step 3
– The court sits in conference
• The Justices meet in a conference room
and discuss the cases that have been
presented before them
• The Chief Justice presides over the
meeting and is the first to make
arguments for his/her decision on a
case
• The other Justices present their
arguments in the order of seniority
• Once arguments are made a vote is
taken and a decision is made based on a
simple majority
• About 1/3 of all cases are decided
unanimously, the rest are ruled by split
decision
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The Supreme Court
•
Step 4
• Drafting the Opinions
– The courts decision is
recorded as a matter of
public record and law
– There are 3 types of
opinions that may be
written, each is
significant as many
times the decision
establishes a precedent
(an example to be
followed by future
court decisions)
• Majority Opinion
– The decision of the courts ruling of the case.
It announces the courts decision and gives
an explanation of the reasoning behind the
decision
• Concurring Opinion
– Justices who agreed with the decision but
for a different reason than that listed in the
Majority Opinion will draft their own opinion
stating their reasons behind their decision
• Dissenting Opinion
– Written by those Justices who disagreed
with the courts decision argue their reasons
for disagreeing
– This becomes important for future court
rulings as it may lead to a different
interpretation of the law in the future
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