According to a June 2010 Survey by FindLaw.com • 2/3 of Americans could not name a single member of the Supreme Court • More people knew who sang Thriller and Billie Jean than what was included in the Bill of Rights The Roberts Court, 2010 Top row (left to right):Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Bottom row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg Note Guide 1 THE JUDICIAL BRANCH What does the Constitution Say About the Structure of the Judicial Branch? • Not much! – People already had an idea of what a court should look like and do • Article 3 mentions the Supreme Court – Gives Congress the power to establish lower courts as needed The Judicial Branch Has 2 Functions 1. Settling conflict and disputes – Interpret the meaning of laws – Apply the law to an actual situation 2. Establish precedent – Sets guidelines for how future cases should be decided Two Types of Legal Conflict Civil Law Conflicts between private parties • Disputes, • Accidents Criminal Law Government measures to protect the welfare of society and punish those who fail to comply Plaintiff v. Defendant Prosecutor (Government) v. Defendant Guilt based on a preponderance of the evidence • more likely than not the defendant is at fault Guilt beyond a reasonable doubt • No other reasonable explanation other than the accused did it Compensation ($$) Jail, Probation, Fines Dual Court System There are TWO separate court systems in the US – The national courts (federal judiciary) with over 100 courts – EACH state has its OWN court system • Most cases are heard in state courts What is the difference between the courts? • It depends on a court’s jurisdiction – The authority to hear and decide a case Types of Jurisdiction Federal (Exclusive) Jurisdiction: Cases that only can be heard in federal court • Federal laws & crimes • Treaties & foreign countries • Patents & copyrights • Interstate & Foreign trade • Disputes between states • Habeas Corpus State Jurisdiction: Cases that only can be heard in state courts • State crimes • Traffic violations • Divorce • Child custody • Contract disputes • Worker’s injury • Inheritance Concurrent Jurisdiction: Cases that can be heard in EITHER federal or state courts • Federal/state crimes, civil rights, claims, US Constitution, environmental regulation, class-action Types of Jurisdiction • Original Jurisdiction – Power to hear a case for the FIRST time • Appellate Jurisdiction – Power to hear and decide a case that has already been tried • Look for errors made in lower courts HOW IS OUR FEDERAL JUDICIARY (NATIONAL COURT SYSTEM) ORGANIZED? Cases Heard in the Federal Courts Cases that involve • The Constitution • Federal laws • Civil cases where plaintiff and defendant are from different states, citizens of different states Organization of Federal Courts US Supreme Court US District Courts District Courts • Lowest level of courts • Original jurisdiction – Cases start here • 94 districts in 50 states and territories • Judge with jury Named after former U.S. Senator Thomas F. Eagleton the United States courthouse is 29 stories tall, over a million square feet and the largest single courthouse in the country. Court of Appeals • Appellate jurisdiction only – Determine if district courts made an error in applying the law • Panel of 3 Judges, no jury Court of Appeals 12th Circuit: Washington DC 13th Circuit – by subject (veteran’s benefits, trade) Supreme Court • Highest court • 9 Justices – no jury • One court meets in Washington DC • Original and Appellate Jurisdiction Special Courts Established by Congress to deal with special cases • • • • • • • • Court of International Trade Court of Veterans Claims US Tax Courts Military Courts US Court of Appeals for the Armed Forces Alien Terrorist Removal Courts Foreign Surveillance Court Military Tribunals How do You Become a Federal Judge? President Appoints Senate Confirmation Hearing Full Senate Vote (2/3 required) Judge is Confirmed No Constitutional qualifications!!! Term • Hold office “during good behavior” = for life • Until one dies, resigns, retires, removed • 13 judges have been impeached; 7 removed Supreme Court The Supreme Court is described as the court of last resort • It is the highest court • It has the final say How is the SC organized? • 9 Justices – 1 Chief Justice • John Roberts • Runs the court – 8 Associate Justices • Appointed by the president – Approved by the Senate (2/3 vote) • Term: Serve for life The Roberts Court, 2010 Top row (left to right):Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Bottom row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg How the Court Operates • The court “sits” from October to June/July • Alternates between hearing and deciding cases – 2 weeks hearing cases – 2 weeks deciding cases Jurisdiction of Supreme Court • Appellate Jurisdiction – Most cases come to SC on appeals from the Federal Appeals Court or state supreme courts • Original Jurisdiction (1-2 cases per year) – Cases involving disputes between states – Cases brought against ambassadors How does the SC Choose Its Cases? • The party that lost the case at the appeals level will petition (ask) the SC to take its case • Supreme Court issues a writ of certiorari – “to make certain” – Legal document ordering the lower court to send up the court record for review Why is the Supreme Court So Powerful? Due to the power of judicial review • Allows the Supreme Court to declare laws and actions unconstitutional • Established by Marbury v Madison (1803) The Players John Adams: Outgoing president James Madison: TJ’s Secretary of State Thomas Jefferson: In-coming president John Marshall: Chief Justice of the SC William Marbury: Appointed Justice of the Peace by Adams Changing the Constitution • Delegates knew if the Constitution were to last, it would have to be able to change and adapt to new times and situations Formal Amendment A formal amendment is a change to the Constitution in actual words • 27 amendments to the Constitution Step 1: Proposal (suggestion) Proposed by Congress with a 2/3 vote of each house Proposed by a national convention called by Congress at the request of 2/3 of the state legislatures (34) Step 2: Ratification (approval) Ratified by ¾ of the state legislatures (38) Most common is blue to red Only 21st Amendment was blue to purple Ratified by 3/4 of states at ratifying conventions (38) Green has never been done Why do most proposals fail? • Must have broad support within society to change the Constitution – 2/3 for proposal hard to achieve – 3/4 for ratification even more difficult Equal Rights Amendment Proposed Amendments of 111th Congress • • • • • Remove term limit for president Establish a balanced budget amendment Prohibit the desecration of the US flag Abolish the electoral college Repeal (cancel) the 16th Amendment (income taxes) • Set congressional term limits Other Ways to Change the Constitution By interpretation • How the words of the Constitution are read and understood. Examples of change through interpretation • “We the People . . .” in the Preamble used to mean white, male land-owners over 21 years Do you know . . . • • • • • • Criminal Law Precedent Civil Law Dual Court System Levels of Federal Judiciary Jurisdiction – Original vs. Appellate – Federal, State, Concurrent Review Petition Writ of Certiorari Rule of Four Legal Brief Oral Arguments Conference Majority Opinion Dissenting Opinion Concurring Opinion Precedent Judicial Review Marbury v Madison Selecting a judge (process)