THE JUDICIARY BRANCH
“The Judiciary is…the least dangerous
branch of government… It may be said that
it has neither Force nor Will, but merely
judgment”
- Alexander Hamilton
Federalist Paper #78
Original Intent:
B. The Judiciary’s power
would be limited to
cases involving:
- the interests of the
nation;
- the interests of the
states when in conflict
with each other;
- state conflict with the
national gov’t.
A. Original Intent of the Framers
• The judicial branch was created as a third
branch of government to be equal to the
legislative and executive branches.
• Its main purpose: Check the powers of the
other 2 branches. However, it was not
given any power to enforce its decisions.
- Federal judges are appointed by the
President and confirmed by the Senate.
B. LEVELS OF COURTS
• The United States uses a
dual court system.
- Two levels of courts exist:
federal & state
• Each system is independent
from the other.
- However, federal courts
have supremacy over state
courts when there is conflict
in decisions or jurisdiction.
• Federal judiciary powers
come from Article III of
the Constitution.
• State courts get their
powers from their state
constitutions and laws.
- But, state courts can’t
make rulings or establish
punishments that violate
the U.S. Constitution.
C. Jurisdiction and Types
• Each level of courts can
conduct trials based on its
jurisdiction. This is the
authority of a court to
hear a case.
• Federal courts hear cases
where federal law was
violated, and state courts
hear violations of state law.
•
Types of jurisdiction:
1. A trial court authorized
to hear a case for the first
time: original
2. A court that hears only
appeals from those who lost
in a previous trial court:
appellate
3. Occurs when state &
federal courts both claim
authority over a case:
concurrent
Jurisdiction Types (cont’d)
4. Exclusive: Federal
government can
prosecute cases that
it alone has power
over.
(e.g. terrorism; stock
market insider
trading; mail fraud)
Federal courts hear these case types:
• Criminal trials involving federal laws
• Appeals of lower federal and state court
decisions
• Interpretations of the U.S. Constitution
• Arguments between states, or between citizens
of different states
• Arguments between U.S. citizens and the U.S.
government or with foreign gov’ts
D. FEDERAL COURT ORGANIZATION
Federal courts are organized around 3 levels:
- Highest level: 1 Supreme Court
Jurisdiction: Original & Appellate (most cases)
- Appeals level: 12 Circuit Courts of Appeals
Jurisdiction: Appellate only
- Lower courts: 94 District Courts
Jurisdiction: Original only
Legislative Courts – Tax Court, Military Courts, Court
of International Trade, Territorial Courts, etc.
Jurisdiction: Original only
E. POWER OF THE COURTS
• All federal courts exercise the • Courts like to use
power of judicial review this
precedents (past cases
is the power to declare laws
used to make a new
of Congress or any state to be
decision).
unconstitutional.
Examples are:
- Plessy v. Ferguson
- Brown v. Board of Ed.
- Roe v. Wade
- Dred Scott v. Sanford
Marbury
v.
Madison
Judicial Review
• Judicial restraint: Judges rely on
precedents which are past cases that can be
used as examples to be followed in future
cases.
• Judicial activism: Judges use their own
views and biases on social issues to make
decisions on cases.
F. Supreme Court Powers
• The Supreme Court is the most powerful
court in the U.S. dual court system. It can:
- Interpret the Constitution
- Protect civil liberties & rights
- Overturn lower court decisions and
state laws.
- Uphold regulatory laws of the U.S.
G. Going to Court
• To have your “day in
court” a person must:
- have a legitimate
complaint…
- by having had some
harm done to him…
- or been accused of a
crime.
• Courts don’t go looking
for cases!
1. Courts hear only
justiciable cases that
involve actual legal
disputes that are real
and adverse, not
hypothetical ones.
2. If a plaintiff wants to
have his case heard he
must have some
”standing” (show that
some harm was done to
them).
3. Political or religious dogma
issues are not justiciable!
- A person cannot sue
Congress just because he
doesn’t like a law.
(e.g. his taxes are too high)
- The Court will not decide
which religion is correct in
interpretation of religious
beliefs.
4. For the gov’t to be sued it must
have violated the Constitution
somehow.
(Ex: violated a person’s rights;
favored one race over another;
exceeded its powers; acted
criminally)
5. Class action suitsJusticiable because
many people may have
suffered harm from the
the same action.
(e.g. segregating schools;
making a bad drug)
results of
6. Amicus curiae briefs-
(“Friend of Court” briefs)
are written legal arguments
made by any interested
party designed to try and
court’s decision or
justiciability.
sway a
add to a case’s
Who are the players in a court?
• The person, government level, or organization
that is charged with a crime or must answer to a
civil charge:
the defendant
• The person, organization, or government level
that is bringing the charge/complaint:
the plaintiff (in a criminal case it is usually
the government)
• Each side can bring people called witnesses
who will testify on behalf of, or against, the
defendant or plaintiff.
What’s a Lawsuit?
• Lawsuits are civil complaints, not
criminal ones, that usually seek to
recover punitive damages (e.g.
money, property).
• If several individuals file a lawsuit on
behalf of many similarly harmed
people, this becomes a class action
lawsuit.
Structure of the Virginia Court System
• VA Supreme Court
- original and appellate
jurisdiction
• 1 Court of Appeal
- appellate jurisdiction
• 31 Circuit Courts (trial
courts) that hear felonies
and higher misdemeanor
cases.
- original jurisdiction
• 32 General District
Courts (trial courts) that
hear lower misdemeanor
cases
- original jurisdiction
• 32 Juvenile and
Domestic Relations
Courts that deal with
family law and juvenile
crimes/problems.
- original jurisdiction
THE U.S. SUPREME COURT
U. S. Supreme Court Basics
• The U.S. Supreme Court is the highest court in the land. It
is the court of last resort in all questions involving federal
and state law.
• Most of its cases are appellate and come from lower
federal courts (e.g. Circuit Courts of Appeals) or from
state supreme courts.
Supreme Court Members 2010
• The Court has 9 justices, a
number which has stayed
constant since 1869.
• There is one Chief Justice
and 8 associate justices.
Each member has 1 vote.
• The current Chief Justice is
John Roberts. Each justice
is appointed by the
President and confirmed
by the Senate.
• All have been men so far
with only four exceptions.
The oldest member is 80;
youngest is 55.
Supreme Court Members 2013
Elena Kagan, 53
Nominated associate justice
By President Obama, 2010
Antonin Scalia, 77
Nominated associate justice
By President Reagan, 1986
Anthony M. Kennedy, 77
Nominated associate justice
By President Reagan, 1988
Clarence Thomas, 65
Nominated associate justice
By President Bush, Sr., 1991
Sonia Sotomayor, 59
Nominated associate justice
By President Obama, 2009
Ruth Bader Ginsburg, 80
Nominated associate justice
By President Clinton, 1993
Stephen G. Breyer, 75
Nominated associate justice
By President Clinton, 1994
John G. Roberts, 58
Nominated Chief justice
By President George W. Bush, 2005
Samuel Anthony Alito, 63
Nominated associate justice
By President George W. Bush, 2006
Selection of Justices
• Justices are nominated
when an opening occurs.
• The president depends on
the Attorney General
and a lawyer’s
organization called the
American Bar Assoc’n
for advice on Supreme
Court replacements.
TERMS AND QUALIFICATIONS
• Each justice is appointed to
a life term of office without
needing to be reappointed.
WHY?
• The Framers wanted to
ensure that justices were not
influenced by the President
or Congress by making only
judgments of which they
approve.
• Qualifications of office:
- Be a U.S. citizen
• Selection criteria today:
- Recommended by fellow
judges.
- Judicial record & ideology
- Patronage (appointment based
on political loyalty / service)
- Diversity (gender/age/religion)
REMOVAL OF FEDERAL JUDGES
• Nearly all federal judges
appointed by the
president can be removed
from office through
impeachment.
• Reasons for impeachment
- treason, bribery, high
crimes and misdemeanors
Duties of Justices
• Constitution does not specify
their duties.
• Main duty:
- Hear and rule on cases
• Special assignments:
- High profile investigations
(e.g. Kennedy assassination)
- Special prosecutions
(e.g. prosecution of Nazi war
criminals after WW II)
Duties (cont’d)
• The Chief Justice:
- administers the oath of
office to the President
elect
- presides over all
impeachment trials of
President &V.P.
- acts as the “face and
voice of the court”
WHO GETS NOMINATED?
• Those whose political
ideology is close to the
president’s.
• Those who can help a
president achieve a
legacy by supporting his
political agenda.
• Those appointed for race,
religious, or gender
diversity.
How do appointments to the
Supreme Court have long term
consequences for the country?
End of
The Judicial Branch
Other Judicial Branch Members
• To help handle the
details of the Court,
select cases for appeal,
and prepare the Court’s
decisions after cases
have been heard, a small
group of people called
law clerks are hired.
State courts:
• State judicial powers are
protected by the 10th
Amendment, but federal
supremacy can override
state laws or court
decisions when in
conflict with the
Constitution.
B. Jurisdiction
Definition:
Jurisdiction is the
authority of a court to
interpret and apply the
law by hearing a case
and ruling on it.
Four Jurisdiction Types
1. Original: Courts hear cases
for the first time and render a
verdict (criminal trial) or a
decision (lawsuit).
2. Appellate: Courts hear only
appeals brought by people
because previous lower court
decisions were not favorable to
them.
Jurisdiction Types (cont’d)
3. Concurrent: Federal gov’t
and states may have
simultaneous jurisdiction in a
case. This is called dual
sovereignty. Federal
supremacy can be applied to
claim jurisdiction, but can also
defer to the states.
(e.g. bank robbery; 2003
sniper case)
Jurisdiction Types (cont’d)
4. Exclusive: Federal
gov’t can prosecute
cases that it alone has
power over.
(e.g. terrorism; stock
market fraud; mail
fraud)
C. Federal Jury System
Two types of juries:
1. Grand juries
Investigative bodies of 1623 people that only decide
whether there is enough
evidence to warrant a trial
for an accused person.
- Closed to the public
- Neither the accused nor a
judge is present.
- Issue indictments (formal
charges of a crime)
Federal Jury System (cont’d)
2. Petit juries
- Smaller juries of 6 to 12
selected citizens.
- Decide criminal and civil
cases.
- Trials with petit juries are
mostly open to the public
- Secret verdict deliberation
VI. Parties To Lawsuits
A. All parties involved in a
lawsuit are referred to as
litigants.
1. The party that brings
the complaint is called the
plaintiff.
2. The party who must
answer to the complaint is
the defendant.
B. Parties to Appeals
Appellant: The party (1st name on the case) that
appeals its loss from a lower court’s original decision.
Appellee: The party (2nd name on the case) that
defends against the appellant’s position.
EXAMPLES: Marbury v. Madison
Johnson v. U.S. Steel Corp.
Clinton v. City of New York
United States v. Virginia
VII. Supreme Court Appeals
A. All lower court appeals must first be
exhausted.
B. The appellant must apply to the Court for
a writ of certiorari (aka: granting “cert”).
- This is a demand for the last appeals
court to send up the original case in
question for review by the USSC.
Rule of Four
OK, who
wants to grant
cert with me?
Me
too!
Hell,
no!
Me!
Pass!
Where am I?
- At least four justices
must agree to grant
“cert” to a case in order
for it to be heard. This is
called the Rule of Four.
- If “cert” is not granted
then the decision of the
last court stands.
C. The Written Brief
Parties to the case are notified and must file
separate written briefs that state the
constitutional basis of their argument. If the
federal government is a party then it is the
Solicitor General who represents it.
- The justices read these briefs prior to
hearing the case in the court.
- “Amicus curiae” briefs are reviewed at this
point.
D. The Oral Argument
On the court date, attorneys for each side state
their case in an oral argument before the Court.
Each is limited to 30 minutes, unless the Court
grants them more time.
E. The Case Conference
1. The justices will meet in
private days later to discuss
the merits of the case and
vote on a decision. Each
justice has one vote.
2. If a tie vote occurs then
the decision of the last
court stands.
F. The Opinions
One justice will be assigned to write the Court’s
decision called an opinion.
1. Majority opinion: The winning side of the argument
expresses the reasons for its ruling (also called “opinion of
the Court”).
- Split decision: A vote that is 5-4
- Unanimous decision: A vote that is 9-0
2. Dissenting opinion: The losing side’s reasons for
disagreeing with the majority ruling.
3. Concurring opinion: An opinion agreeing with the
majority’s conclusion, but for different reasons than what
is written in the majority opinion.
G. Judicial Implementation
• Court decisions have legal authority, but they have no
means to enforce them and must rely on the other two
branches to do so.
• Implementation is difficult if a decision requires the
cooperation of a large number of officials or depends
upon the states to take the lead.
Example: Brown v. Board of Education
• The Court can order its own “remedy” to effect
implementation (judicial activism).
END OF UNIT 11 – JUDICIARY BRANCH
“We are under a Constitution, but the
Constitution is what the judges say it is.
- Charles Evans Hughes
Former Chief Justice, U.S. Supreme Court