Week 10.1 the judicial branch
- 1. Article III: The Judicial Branch
- 2. Art. III Sect. 1 What is the basic function of the judicial branch?
- 3. Art. III Sect. 1 What is the basic function of the judicial branch? - To interpret the law; however, this function is not explicitly listed in the Constitution What court is specifically mentioned in the Constitution?
- 4. Art. III Sect. 1 What is the basic function of the judicial branch? - To interpret the law; however, this function is not explicitly listed in the Constitution What court is specifically established in the Constitution? - the Supreme Court Have inferior courts been established by Congress?
- 5. Art. III Sect. 1 What is the basic function of the judicial branch? - To interpret the law; however, this function is not explicitly listed in the Constitution What court is specifically mentioned in the Constitution? - the Supreme Court Have inferior courts been established by Congress? - Yes: Circuit Courts of Appeal and Federal District Courts, tax courts, claims courts, and military courts
- 6. Federal Court System District Courts: created by the Judiciary Act of 1789 - originally only 13 district courts; 94 today Original jurisdiction = ?
- 7. Federal Court System District Courts: created by the Judiciary Act of 1789 - originally only 13 district courts; 94 today Original jurisdiction = power of a court to hear a case before it is considered by any other court What is the function of a grand jury?
- 8. Federal Court System District Courts: created by the Judiciary Act of 1789 - originally only 13 district courts; 94 today Original jurisdiction = power of a court to hear a case before it is considered by any other court What is the function of a grand jury? - to indict or formally charge accused criminals Petit or trial jury = ?
- 9. Federal Court System District Courts: created by the Judiciary Act of 1789 - originally only 13 district courts; 94 today Original jurisdiction = power of a court to hear a case before it is considered by any other court What is the function of a grand jury? - to indict or formally charge accused criminals Petit or trial jury = 12 jurors who hear and decide a court case U.S. Attorneys prosecute all federal criminal cases and represent U.S. Govt in all civil cases
- 10. Federal Court System cont. Circuit Court of Appeals = 2nd layer of federal judiciary - 12 Circuit Courts of Appeals today plus one that hears only special appeals cases such as tax, patent, and trademark cases Appellate jurisdiction = ?
- 11. Federal Court System cont. Circuit Court of Appeals = 2nd layer of federal judiciary - 12 Circuit Courts of Appeals today plus one that hears only special appeals cases such as tax, patent, and trademark cases Appellate jurisdiction = the power to hear appeals from the district courts in their circuit; an appeal is a challenge or reconsideration of a previous ruling in a case - either the procedure of the District Court is claimed to have been faulty or the law by which the person was convicted is claimed to be faulty - cases are decided by a panel of judges; no jury involved Only about 4% of appealed cases make it past the circuit courts to the Supreme Court
- 12. The Supreme Court 3rd tier of the federal judiciary most powerful court in the world although it was initially the weakest branch of the govt by far What are the Supreme Court judges called?
- 13. The Supreme Court 3rd tier of the federal judiciary most powerful court in the world although it was initially the weakest branch of the govt by far What are the Supreme Court judges called? Justices How many are there today?
- 14. Art. III Sect. 2: The Supreme Court 3rd tier of the federal judiciary most powerful court in the world although it was initially the weakest branch of the govt by far What are the Supreme Court judges called? Justices How many are there today? Nine by tradition, although the Constitution does not specify the number Original jurisdiction: cases involving foreign ambassadors, ministers, and consuls; cases in which two states are the parties; or in a dispute between a state and the U.S. Govt. Appellate jurisdiction: lower court rulings are appealed to the Supreme Court, which can rule on both fact and the law (whether or not the U.S. Or state law in question is constitutional.
- 15. The Supreme Court cont. How does the Supreme Court work? - They begin work the first Monday in October and usually recess around the end of June They hear arguments over a two week period, giving each side of a case only 30 minutes, then take a two week period to consider & discuss the cases and write their opinions The Court decides which cases it will hear each year, about 100 out of thousands submitted Simple majority vote (at least 5 justices agreeing) decides a case
- 16. Judicial Review What is meant by judicial review?
- 17. Judicial Review What is meant by judicial review? - the principle of allowing the courts, especially the Supreme Court, to rule on the constitutionality of federal laws Established through various court cases, esp. Marbury v. Madison Watch first part of Episode 3 of Constitutional Literacy Questions? Discuss
- 18. Art. III Sect. 1 How are federal judges given their jobs?
- 19. Art. III Sect. 1 How are federal judges given their jobs? - appointed by the President, subject to Senate confirmation; (Art. II Sect. 2) often controversial today How long does a federal judge serve?
- 20. Art. III Sect. 1 How are federal judges given their jobs? - appointed by the President, subject to Senate confirmation (Art. II Sect. 2) How long does a federal judge serve? - as long as he behaves well (whatever that means!) or until he resigns, dies, or is impeached Is this undefined term length a good idea? Why did the Founders set it up this way?
- 21. Art. III Sect. 1 How are federal judges given their jobs? - appointed by the President, subject to Senate confirmation (Art. II Sect. 2) How long does a federal judge serve? - as long as he behaves well (whatever that means!) or until he resigns, dies, or is impeached Why did the Founders set it up this way? - They wanted an independent judiciary free from politics so the judges would make rulings based on the law rather than to keep their jobs Should judge's terms be limited? They are in most states, but not in the federal judiciary
- 22. Controversy over the Supreme Court Why have Supreme Court nominations become so heated and controversial?
- 23. Controversy over the Supreme Court Why have Supreme Court nominations become so heated and controversial? - Because the Supreme Court has so much power and sometimes legislates or sets policy from the bench What are some examples of this?
- 24. Controversy over the Supreme Court Why have Supreme Court nominations become so heated and controversial? - Because the Supreme Court has so much power and sometimes legislates or sets policy from the bench What are some examples of this? - Dred Scott, Brown v. Board of Education of Topeka (ended school segregation), Roe v. Wade (right of privacy allows abortion), school prayer cases, etc. What is the difference between judicial restraint and judicial activism?
- 25. Judicial Activism v. Judicial Restraint Judicial restraint = strict constructivism, in which judges only apply the clear meaning of the Constitution to make their decisions Judicial activism = broad constructivism, in which judges act as policymakers, interpretating the Constitution to meet present needs Watch video of Justice Ruth Bader Ginsburg being interviewed on Egyptian TV Which category does she fall under? The problem for me is that our nation no longer reveres or recognizes the value of Biblical and traditional thinking of the past in the realm of law. Without a firm foundation of truth, we are vulnerable to the whims of the day.
- 26. Art. III Sect. 2.3: Trials All federal criminal trials are by jury (except impeachment) All trials will be held in the state in which the crime was supposedly committed unless it was not committed in any state. In that case Congress will choose the place How many of you have witnessed a live trial? Any comments? Criminal law = crimes against the people in general such as murder, theft, rape, etc. Civil law = involves a dispute between two individuals or parties such as breach of contract, often includes suing the defendant; usually heard by a judge w/o a jury Jury = group of people sworn to render a verdict in a court of law
- 27. Art. III Sect. 3: Treason Treason = ?
- 28. Art. III Sect. 3: Treason Treason = making war against the US or helping an enemy of the US by giving him aid and comfort; only crime that is defined in the Constitution - Note: This does not include thoughts or words that are critical of the US or that praise an enemy Requires the testimony of at least two witnesses to convict someone of treason Confession of treason must be public (can't be result of torture or interrogation behind closed doors Punishment = ?
- 29. Art. III Sect. 3: Treason Treason = making war against the U.S. Or helping an enemy of the U.S. By giving him aid and comfort; only crime that is defined in the Constitution (Have you seen Breach?) - Note: This does not include thoughts or words that are critical of the U.S. Or that praise an enemy Requires the testimony of at least two witnesses to convict someone of treason Confession of treason must be public (can't be result of torture or interrogation behind closed doors Punishment = up to death penalty since 1942, but the condemned's family can't be punished and all property seized by govt will be returned to his family when he dies