Government_Ch6_info

=**Judicial Branch Background Information**=

**Powers of the Federal Courts:**
The main job of the Judicial Branch is to interpret the laws and actions of the government based on authority from the Constitution. The Supreme Court and the lower federal courts get their power from the Constitution. Jurisdiction is the authority to hear a case. Federal jurisdiction means that the federal court system has the authority to hear a case if it's a federal issue. Federal jurisdiction applies in cases dealing with U.S. laws, treaties, or Constitution interpretations. The court where a case is originally tried and heard is a trial court, which has original jurisdiction. A person can appeal, or seek a review of his/her court case. The court that would hear the appeal would have appellate jurisdiction.

The Constitution didn't give much information about the role of the Supreme Court. The Constitution did say that the Constitution itself is the "supreme law of the land." The job of the Supreme Court was to maintain this. Under the Articles of Confederation, there was not a central court system to rule when state laws conflicted or when states conflicted with the Confederation Congress. The U.S. Supreme Court would fix this problem. The Supreme Court established its power of judicial review, the power to declare a law unconstitutional, in the court case //Marbury v. Madison// in 1803. As President Adams's term was almost over, Congress passed a law allowing him to appoint 42 justices of hte peace in D.C. The outgoing secretary of state was able to deliver all but four of the appointments. The new president, Thomas Jefferson, stopped the remaining ones. William Marbury was one of those he stopped, so he sued. He was able to take his case directly to the Supreme Court, which can't be done today. There was a federal law that allowed the Court to force the appointment delivery. The Supreme Court ruled that Marbury had the right to the job, but the law that said the Supreme Court could force the president to act was unconstitutional. This was the first instance of judicial review. The Chief Justice was John Marshall.

The courts guarantee due process. No state can deny life, liberty, or property without due process of law, which comes from the 5th and 14th amendments (in terms of application to the states). However, the Supreme Court didn't strongly uphold and protect civil rights until Brown v. Board of Education in 1954.

**Lower Federal Courts:**
The Constitution establishes the Supreme Court, but the Congress establishes all lower federal courts. The first level of the federal court system are U.S. District Courts. These are trial courts. Today, there are 94 districts. These courts use a grand jury made of 16 to 23 people who hear the charges and determine if there is enough evidence to bring the person to trial. If so, then there is an indictment, or the person is formally charged with a crime. A petit jury is the trial jury that decides guilty or not guilty. There are various officials who work in the court system. The middle level of the federal court system are the Circuit Courts or the Federal Courts of Appeals. These courts hear appeals, or reviews of a case. There are 13 total today (12 judicial circuits or regions with 1 appellate court in each circuit and the 13th being a special appeals court in D.C.). A panel of 3 judges hears the review of the district court case and determines the outcome. The U.S. Supreme Court is the highest court in the land. There is also a federal court of international trade that deals with tariffs and is based in New York City.

There are other types of federal courts as well. The U.S. Court of Federal Claims is the court that handles claims for money damages. U.S. Tax Court hears cases over disagreements with the IRS or other Treasury Department agencies. The U.S. Court of Appeals for the Armed Forces involves members of the armed forces breaking military law. Territorial Courts handled civil and criminal cases in U.S. territories. Courts of District of Columbia hears cases in D.C. The Court of Veterans' Appeals handles unsettled claims of veterans. Foreign Intelligence Surveillance Court authorizes wiretaps and searches of anyone suspected of terrorism or such activities.

Federal judges serve for life (the Constitution says during time of good behavior). This grants judges freedom from public or political pressures in deciding cases. The president appoints and usually favors judges from the same political party or ideology. There is the practice of senatorial courtesy, which is when a president submits the name of a judicial candidate to the senators from the candidate's state and if both approve, the president officially proposes the appointment for senate approval. This is usually done for district court level judges. The Constitution doesn't specify requirements, but most federal judges have legal training and have held similar positions. The first African-American on the Supreme Court was Thurgood Marshall. The first female on the Supreme Court was Sandra Day O'Connor.

**The U.S. Supreme Court:**
Cases heard in the Supreme Court building in Washington D.C. are cases that go through the federal courts with the highest court being the Supreme Court. The Supreme Court does have original jurisdiction in some cases specifically those involving representatives of foreign governments and cases which a state is involved. The Supreme Court also hears appeals from lower courts or from state supreme courts. There are 9 justices on the Supreme Court. The head justice is the Chief Justice and the other eight are associate justices. Supreme Court justices can be removed by impeachment. Their duties developed through laws and traditions. When the Supreme Court rules, its written explanations are called opinions. Each justices has law clerks who assist with the many tasks. The current Supreme Court Chief Justice is John Roberts. The first Chief Justice was John Jay.

Presidents usually appoint candidates for the federal courts with beliefs similar to their own, but needs to make sure to get senate approval. The American Bar Association (ABA) is the largest national organization of attorneys that is usually consulted on possible appointments. Other interest groups try to influence appointments as well. The Supreme Court's term begins in October and runs to the end of June. Arguments are given to the nine justices by lawyers on both sides of the case then hold secret meetings to make decisions. Thousands of cases are appealed to the Supreme Court, but the Court can only hear about 1% of those cases.

How do cases reach the Supreme Court? A writ of certiorari, an order from the Supreme Court to a lower court to send up the records on a case for review can be issued by the Supreme Court. An appeal from the Circuit Court or a state supreme court can also bring a case to America's highest court. The Solicitor General is a presidential appointed within the Justice Department that represents the federal government before the Supreme Court. This position serves as a link between the two branches. The Solicitor General is often referred to as the 10th justice.

There are several steps in deciding a case. Lawyers on each side submit a brief, or a written statement setting forth legal arguments, relevant facts, and precedents. Each side has an oral argument. Then, there is a conference of the justices to discuss the case with the majority (5 of the 9) needed to be in agreement. Opinions are written. A majority opinion expresses the views of the majority while a dissenting opinion is that of the losing side of the case.

**Shaping Public Policy:**
There are various tools used to shape policy. The Supreme Court can determine policy through judicial review, interpreting the meaning of laws, and overruling or reversing its previous decisions. Judicial review is the power to declare laws or acts of the government unconstitutional. It comes from the case of Marbury v. Madison. This power is exercised most frequently at the state and local level. The Supreme Court interprets how laws apply to situations. For example, the court ruled that the PGA golf tour had to accommodate a golfer with a disability. The court also ruled that classes had to be taught in language of an immigrant. Rulings can affect the whole nation as well as situations. The Supreme Court can overturn previous decisions. Once the court rules on a case, its decisions serves as a precedent, or model on which to base other decisions in similar cases. This makes new laws more predictable in terms of being constitutional.

There are limits on the Supreme Court. The court deals less with foreign policy. In addition, the court only hears cases that make a difference for the whole nation. A person or group bringing the case to the court must have suffered real harm. The case must involve a substantial federal question that the Supreme Court must deal with. Supreme Court decisions are limited by how well the court's decisions are enforced.

**Influencing Court Decisions:**
The Supreme Court needs to base decisions on the law. The court must explain the legal principles behind new interpretations of the law. Sometimes Supreme Court justices' own views can sway a decision. A swing vote, or the deciding vote, can happen when the court is split on a decision. Usually, the justices have good relations with each other since they work together for most of the year and serve for life. Although they are not elected, Supreme Court justices do have concern for public opinion. Rulings of the court can change as values and beliefs of society change. There can be influence from the president since the president has the power to appoint federal judges and the executive branch has to enforce court decisions. There is also influence from the Congress since the Senate confirms presidential appointments. Also, the Congress can propose amendments to the Constitution.

The current Supreme Court is as follows. More conservative justices are Chief Justice John Roberts, Neil Gorsuch, Samuel Alito, and Clarence Thomas while the more liberal justices are Ruth Bader Ginsburg, Stephen Breyer, Elaina Kagan, and Sonya Sotomayor while Anthony Kennedy is more in the middle and is often the swing vote in cases which ideology gets involved.

The U.S. Constitution guarantees rights to those on trial. The 5th amendment maintains one's right against self-incrimination and cannot be put on trial for the same crime more than once. The 6th amendment to the Constitution guarantees the right to a speedy and public trial by an impartial jury. In criminal cases, there are 12 jurors and all 12 jurors have to agree on a verdict. When the jury can't reach a verdict, when all 12 can't agree, that is called a hung jury. There are two major types of cases - a criminal case is when a law was broken and a civil case is one that is a lawsuit. A class-action suit is a lawsuit on behalf of a whole group, not just one person. A person accused of a crime has the right to counsel, or right to an attorney.

**Judicial Review and Original Intent:**
British courts cannot declare a law of Parliament to be unconstitutional. This is one of the most important aspects of British law. American courts are based on the British court system. So, how can American courts (Supreme Court) declare a law of Congress unconstitutional? Judicial review is not mentioned in the Constitution. The Supreme Court has used judicial review since 1803. There have been court rulings that conservatives have liked and liberals have criticized. There have been rulings that liberals have liked and conservatives have criticized. It's important to be consistent in your evaluation of Supreme Court authority. Article III of the Constitution sets up the Judicial Branch. Read Article III of the Constitution below: __**Article III**__ The judicial Power of the United States, shall be in supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime ;--to Controversies to which the United States shall be a Party;--to Controversies between or more States; --between a State and Citizens of another State --between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original. In all the other Cases before mentioned, the supreme Court shall have, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. 3: The Trial of all Crimes, except in Cases of, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of unless on the Testimony of Witnesses to the same overt Act, or on Confession in open Court. 2: The Congress shall have Power to declare the Punishment of, but no Attainder of shall work, or Forfeiture except during the Life of the Person. As you can see, there is no mention of judicial review. Section 1 says the judicial power is vested in one supreme court. Section 2 is also vague and says judicial power shall extend to cases arising under this Constitution, the laws of the U.S., and treaties made. It's clear that when states are in conflict, the Supreme Court is the highest court to resolve the conflict. Keep in mind a problem under the Articles of Confederation was that there was no central court system to solve disputes between the states (remember the who problem over controlling the Chesapeake)? But, what is meant by judicial power? If our system is based on the British system, then we would have to use the British system as a model. Keep in mind, the British system doesn't declare acts of Parliament unconstitutional. Therefore, we cannot automatically say that judicial power means that the Supreme Court has the power of judicial review. By the way, an excellent site to view original intentions of the Constitution is the Founders' Constitution operated by the University of Chicago. [|Click here] to view. Another part of the Constitution to look at is Article VI Clause 2 **Article VI** 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. Article VI says the Constitution is the supreme law of the land and laws of the U.S., which shall be made in pursuance there of - laws must be made in pursuance of the Constitution. Judges take some of their authority from here too. The Founding Fathers put in Article VI to solve conflict of law. If a state passes a law then ten years later passes a new law that is the opposite, there is a conflict of law. The new law would be the one in effect. Article VI tells how to handle a conflict of laws. The Constitution is always supreme. Laws of Congress are supreme over state laws if as long as laws of Congress are made in pursuance of the Constitution. The Supreme Court takes their authority as being the ones that decide when there's a conflict of laws. This leads to the assumption of judicial review. In terms of the Founding Fathers, what did the Supremacy Clause mean to those who wrote and ratified it? To get the best ideas, we have to look at the 1787-88 era. It's important to look at records of debates at the Constitutional Convention and debates at state ratifying conventions (better source since elected by the people, but not all records are still around). The //Federalist Papers// as well is a good source since they explained to the public about the Constitution. Dictionaries from that era are also good to see the meanings in 1787 of words used by the Founding Fathers.
 * Section 1**
 * Section 2**
 * Section 3**


 * 1. Comprehension Question: We often talk about the original intent of the Constitution. Where do we look if we want to find the original meaning of the Constitution?**


 * 2. Discussion Question: Why is it important (do you think) to know and understand original intent? What is the goal of knowing original intent?**

The Supremacy Clause is where judicial review can be justified based on original intent.


 * 3. Comprehension Question: If Congress passes a law that violates the Constitution, what text in the Constitution (article and clause) gives the courts the power to declare that law to be unconstitutional and void?**

Oliver Ellsworth was a delegate at the Constitutional Convention, a delegate to the ratifying convention in Connecticut and Chief Justice from 1796-1800. He said "//If the general legislature should, at any time, overleap their limits, the judicial department is a constitutional check//." A similar statement was issued by James Wilson from PA who was a delegate at the Constitutional Convention, a delegate at the PA ratifying convention, and one of the first justices on the Supreme Court appointed by Washington. He said "//If a law should be made inconsistent with those powers vested by this instrument in Congress, the judges, as a consequence of their independence, and the particular powers of government being defined, will declare such law to be null and void; for the power of the Constitution predominates//." Federalist #78 says "//The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing//."

It's clear that the intent of the Supremacy Clause was that if Congress passes a law outside the powers of the Constitution, the Supreme Court would be the body that would declare such a law void. There are five steps to look at when looking at Supreme Court cases. First, make a brief summary of the facts. Second, identify the core legal issue in the form of a question. Third, state the holding (yes or no to the question). Fourth, look at the reasoning of the court to justify its holding. Fifth, look at the legal rule that comes from the case you are studying. A great website that lays out the court decisions is Oyez.com.

Marbury v. Madison in 1803 was the court case that first established the Supreme Court's power of judicial review, the power of the Supreme Court to declare a law or act of the government as unconstitutional. William Marbury was appointed Justice of the Peace for D.C. in John Adams's last hours. The official appointment was not delivered before Adams left office. The new president, Thomas Jefferson, told Secretary of State James Madison not to deliver the appointment. William Marbury sued taking his case directly to the Supreme Court. In the early 1800s, Marbury could take this case right to the Supreme Court. Today, he would not be able to...it would have to go through the lower level courts first. Why? In 1789, Congress passed the Judiciary Act, which made a long list of cases that could be brought right to the Supreme Court. Go back up above and re-read Article III and you'll see what cases the Supreme Court had original jurisdiction based on the Constitution. The Judiciary Act gave Marbury the ability to take his case right to the Supreme Court. The question for the Supreme Court though was whether or not Congress had the power to expand the powers of the Supreme Court in terms of original jurisdiction. The Supreme Court answered no - the court upheld the Constitution, but it opened the door for future judicial review. The Supreme Court's failure was they didn't ground their ruling in the text of the Constitution. A good Supreme Court decision is grounded in the Constitution. Over the years, rulings have been based more on the political ideologies of the justices.


 * 4. Comprehension Question: What do we call the power of the Supreme Court to declare a law unconstitutional? What set the precedent of this power?**


 * 5. Discussion Question: The fact that the Supreme Court (in Marbury v. Madison) didn't ground their ruling in text of the Constitution or original intent, how did this open the door for future Supreme Court rulings and how future courts would rule?**

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