1. THE FEDERAL JUDICIARY

2. JUDICIAL REVIEW
Which case established federal judicial review for
national gov’t?
Which case established judicial review for state law?

3. JUDICIAL REVIEW
Which case established federal judicial review for
national gov’t?
Marbury v Madison
Which case established judicial review for state law?

4. JUDICIAL REVIEW
Which case established federal judicial review for
national gov’t?
Marbury v Madison
Which case established judicial review for state law?
Martin v Hunter’s Lessee

5. PRINCIPLES OF THE JUDICIAL SYSTEM
Strict Constructionalist or Judicial Activist
Allow the decisions of other branches to stand Use their power broadly to further justice
http://thevoiceforschoolchoice.files.wordpress.com/2008/12/judicial-activism.jpg
http://i50.photobucket.com/albums/f327/jackgreen7/stahler0626.gif

6. PRINCIPLES OF THE JUDICIAL SYSTEM
Equal Justice Under The Law
-everyone receives equal treatment
Due Process
-application of the law in a fair manner
(5th and 14th amendments)
- types of due process
procedural= certain procedures must be followed so that
individual freedom is guaranteed
substantive= content of the law must be reasonable

7. PRINCIPLES OF THE JUDICIAL SYSTEM
Adversary System
J = judge/jury who are passive decision makers
P/D = prosecutor or plaintiff/defense who are advocates for
their “cause.”

8. PRINCIPLES OF THE JUDICIAL SYSTEM
Presumption of Innocence
- not mentioned in the Constitution
- rooted in English Common Law
- Burden of proof is on the Prosecution
Justiciable Disputes
- there must be “real harm”
- case must be able to be settled as a matter of law

9. FEDERAL COURT SYSTEM

10. FEDERAL COURT SYSTEM
Types of cases
criminal law - the gov’t charges an individual with violating
a specific law
civil law - the court resolves a dispute b/w 2 or more
people and defines the relationship b/w them

11. FEDERAL COURT SYSTEM
Federal Jurisdiction
1. Subject matter
- interpretation of the Constitution/fed laws
- federal law or foreign treaty
- admiralty or maritime law
- bankruptcy
2. Parties involved
- foreign ambassadors, diplomats
- two or more state gov’ts
- US gov’t or agency
- citizens of different states
- state (citizen) & foreign country (citizen)

12. FEDERAL COURT SYSTEM
Federal Jurisdiction
3. Concurrent Jurisdiction
- cases that may be tried in either a state (they hear the
majority of cases w/in the U.S.) or federal court such as when
state and federal laws are broken
4. Original Jurisdiction
- the court where a case is first tried (in criminal cases will
one judge and jury)
5. Appellate Jurisdiction
- may uphold, reverse, or modify lower court rulings (will
have multiple judges)

13. THE STRUCTURE OF THE FEDERAL JUDICIAL
SYSTEM
either state or as usual
- appellate
appellate
courts
courts of
original
jurisdiction state
courts

14. FEDERAL COURT SYSTEM
Federal Court Structure - (original)
District Courts (94) - does 90% of cases
-trial courts of original jurisdiction for criminal & civil cases
- grand jury (16-23) hears charges & issues indictments in
cases with enough evidence
- trial of original jurisdiction is before a petit jury (12)
which renders a verdict

15. FEDERAL COURT SYSTEM
Court of International Trade
- civil cases involving foreign business and imports
U.S. Claims Court damages/unlawful seizure
- claims against US govt or its officials of private property
U.S. Tax Court
- disputes between citizens and the IRS
Territorial Courts
- for Virgin Islands, N. Mariana and Guam
Court of the District of Columbia
Superior Court - trial court
Military Courts - courts of services, courts of military review,
court of veteran appeals

16. FEDERAL COURT SYSTEM
Federal Court Structure (Appellate)
each contains q # of
Federal Court of Appeals (12) districts courts (at least 1
in each state - trial
- divided into 12 circuits courts) 90% of cases
begin here
- each circuit has from 5-27 judges &
a SC justice assigned to it
- only have appellate jurisdiction
- can review cases and Independent Regulatory Agencies
(FCC, SEC, etc.)

17. FEDERAL COURT SYSTEM
Virginia is the 4th Circuit

18. FEDERAL COURT SYSTEM
Circuit Court of Appeals for the Federal Circuit
- hears cases from Claims Court, Court of International Trade,
and U.S. Patent
- appellate jurisdiction
Court of Military Appeals
- reviews decisions of military courts
Courts of the District of Columbia
- Court of Appeals - appellate jurisdiction

19. FEDERAL COURT JUDGES

20. FEDERAL COURT JUDGES
Constitutional Provisions
- Article II: appointed by President with consent of Senate for
life terms
- Removal by impeachment for bribery, treason, or high crime
complete list at http://www.fjc.gov/history/home.nsf/page/topics_ji_bdy
Selection Process
- President makes list (same judicial philosophy)
- ABA & interest groups try to influence
- Senate Judiciary Comm. holds hearings & recommends
to Senate for full vote - very partisan process (very apparent with
Roberts/Alito/Sotomayor nominations)

21. FEDERAL COURT JUDGES

22. FEDERAL COURT JUDGES
Politics of Selection
- selection for lower federal courts has a long term effect on
the judicial process
- lower courts selection often gives broader influence for
President than SC choices
Supreme Court Justice Selection
- same selection process as lower courts
- more political pressure and media
- Chief Justice can be from current Court or new to the SC

23. SUPREME COURT ROLES

24. SUPREME COURT ROLES
Chief Justice -does not have to be current member of the
Supreme Court
- Nominated by President, confirmed by Senate
- Serves for life as long as on “good behavior”
- Vote weighs the same
- Ultimately decides which cases are heard (in a sense, this makes
he makes the discuss list)
Associate Justices (8)
- sit and speak according to rank (seniority)
- most junior justice is on the far right
- in charge of a circuit

25. Ginsburg Breyer
Roberts Scalia
Alito Sotomayor
Kennedy
Thomas
Stevens

26. TODAY’S COURT
Stevens: Senior most (Ford, ’75) liberal
Scalia (Reagan, ’86) Conservative
Kennedy: (Reagan, ’86) swing bloc, Republican
Thomas (Bush, ’91) Conservative
Ginsburg: (Clinton, ’93) Liberal
Breyer: (Clinton, ’94) Liberal
Roberts: Chief Justice (Bush, ’05) Conservative
Sotomayor: junior most (Obama, ’09) Liberal
Alito: (Bush, ’06) Conservative

27. THE SUPREME COURT

28. THE SUPREME COURT
Types of cases
Restriction on cases
- must be live between 2 adversaries
- must involve real harm
- must be substantial federal question
- no political questions - go back to Ex and Legisl.
- use only cases sent
- no enforcement power
Original Jurisdiction (less than 1%)
- involve a state or diplomatic question

29. THE SUPREME COURT
Appellate Jurisdiction
1) cases on appeal where lower court has ruled on a
constitutional question
- accepted under the “rule of four”
- most are dismissed (not accepted)
2) - writ of certiorari is the main route to SC and is an order
from a lower court asking for a case to be handed up for
review
- certification appeals heard from Dist Ct b/c of importance
they skip middle tier (U.S. v Nixon)

30. THE SUPREME COURT
Selection of cases
Discuss list made up of:
- Chief Justice’s suggested cases from cert. requests and added
to by other justices
- made up first by justices’ law clerks
- rejected require no reason for refusal - just say cert “denied”
- rule of four for discussion
- final cases selected by justices becomes the Orders list or
docket

31. THE SUPREME COURT
Decision Process
Per Curiam these cases are decided w/o oral arguments
Full Consideration
-briefs are filed by lawyers involved as well as amicus curiae or
friends of the court (interested parties)
- oral arguments allow each side 30 minutes w/ questioning
by the judges
- Friday Conferences discussion of cases & vote where only a
simple majority (5-4) is necessary
- votes based on precedent & rule of law

32. THE SUPREME COURT
Writing the Opinion
Written announcement of the Court’s opinion (delivered in the
spring)
Types
- unanimous (9-0)
- majority: expresses the views of the majority when the Court
is divided
-concurring: agree with the majority but for different legal
reasons
- dissenting: those not in agreement with majority state why

33. THE SUPREME COURT
Writers
- Chief Justice writes if he is in majority or may assign to
another Justice
- Chief Justice writes is he is in the minority or may assign
- Writers circulate drafts which are commented on with much
compromising
- occasionally justices will change sides which might change
final decision

34. THE SUPREME COURT
Factors that influence decisions and policy
- the law and the Constitution
- Judicial Philosophy of the justices
- activism - should make bold policy decisions and use
the cases to chart new constitutional ground
- restraint - play a minimal policymaking role and leave
policy to the legislative branch
-Relationships among the Justices (can be seen in number of
concurring & dissenting opinions)

35. THE SUPREME COURT
Factors that influence decisions and policy (cont)
- Role of the Chief Justice
- Social Forces: courts are influenced by values and beliefs of
the times
- Other branches of gov’t: through Presidential appointments
and Congressional legislation aimed at repealing court
decisions (i.e. Flag Protection Act after Texas v Johnson)

36. THE SUPREME COURT
Reading of the Opinion
- Read in Court on special days - usually from April to June or
July
- Majority opinion writers delivers summary as do dissenters
- Opinions released to the media
- Usually save the most controversial for the last