The document discusses several aspects of the American judiciary, including its constitutional origins, organization, processes for cases reaching the Supreme Court, and the power of judges. It begins with guiding questions about the court system and democracy. It then outlines how the judiciary was established in Article III and the Federalist Papers' view of it having neither force nor will. It describes the dual court system and paths cases take to the Supreme Court. It analyzes the power of judges derived from interpreting laws and reviewing constitutionality.

1. The Judiciary
Guiding Questions
• Is our court system consistent with American democracy?
• How is the American judiciary organized?
• How do cases get to the Supreme Court?
• Why are American judges so powerful? Too powerful?
• How are American judges selected? Is this process fair? Is it democratic?
• What litigation strategies are employed in the court pathway?
• Should judges play a role in shaping public policy in the United States?
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2. Constitutional Origins
Article III Section1: quot;The judicial power of the United States
shall be vested in one 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 the inferior
Courts, shall hold their Offices during good Behavior, and
shall at Stated times, receive for their services a
Compensation, which shall not be diminished during their
continuance in Office.
Article III Section 2:quot;The Judicial Power shall extend to all Cases arising
under this Constitution. . .to Controversies to which the United States
shall be a party, between two or more States, between a state
and Citizens of another State, between Citizens of different States, and
between a State and foreign states.quot;
How did the Founders structure the judicial branch in
Article III?
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3. Constitutional Origins: Federalist 78
Alexander Hamilton
Federalist 78: quot;Whoever attentively considers the different departments
of power must perceive, that, in a government in which they are
separated from each other, the judiciary, from the nature of its
functions, will always be the least dangerous to the political rights of the
Constitution; because it will be least in a capacity to annoy or injure
them. The Executive not only dispenses the honors, but holds the sword
of the community. The legislature not only commands the purse, but
prescribes the rules by which the duties and rights of every citizen are to
be regulated. The judiciary . . . may truly be said to have neither FORCE
nor WILL, but merely judgment; and must ultimately depend upon the
aid of the executive arm even for the efficacy of its judgments.
What is Hamilton's view of the Court?
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4. How is the Judicial Branch organized?
An Adversarial System A Dual Court System
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5. The Federal Judiciary
What types of cases does each court hear?
What jurisdication does each court have?
How are the processes different between trial
and appellate courts? U.S. Supreme Court
5th Circuit!
12 U.S. Courts of Appeal
Court of Military Appeals
U.S. Court of
Appeals for
the Federal
Circuit Courts of Military
Review
U.S. Tax Court
94 District Courts
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6. Paths to the Supreme Court
What are the patterns that you can identify?
State Civil Case
Federal Criminal Case State Criminal Case
Federal Civil Case
Kelo v. New London (2005)
U.S. v. Gonzalez‐Lopez (2006) Illinois v. Cabellas (2005)
Burlington Northern v. White (2006)
Decision: No constitutional
Decision: A 6th Amendment Decision: Use of drug sniffing dog
Decision: Job reasignmetn can be violation occurred when city used it
violation occurred when the was not an unreasonable search
improper retailiation under federal power to force homeowners to sell
defendant was not allowed to hire and seizure under the 4th
employment law. homes so that a private developer
his choice of attorneys. Amendment. could use the property.
Petitioner Wins
Defendant Wins Defendant loses. Petioner loses.
U.S. Court of Appeals Conn. Supreme Court
U.S. Court of Appeals IL Supreme Court
Defendant wins
Defendant wins Petioner wins Petioner loses
IL Appellate Court
Defendant loses
Illinois Circuit Court
Federal District Court Federal District Court Conn. Superior Court
Defendant loses Defendant loses
Petioner wins Petioner wins
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7. Getting a Case to the Supreme Court
Washington, D.C. passes a city ordinance banning hand guns.
Shelly Parks, a retired emergency room nurse, believes that this law violates her 2nd
Amendment rights. quot;What I want is simply to be able to own a handgun in my home, in the
confines of the walls of my home — nothing else,quot; Parker says.
What can she do?
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8. Getting a Case to the Supreme Court
Two D.C. lawyers believe that this case has merit. They convince six individuals to challenge the DC laws.
The federal trial court in DC dismisses the case and upholds the law.
What's next?
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9. Getting a Case to the Supreme Court
The D.C. Circuit Court of Appeals reversed. Judge Laurence Silberman, writing for the two‐judge majority,
concluded that the Second Amendment guaranteed to all individuals the right to keep and bear arms,
whether or not they served in any military unit. Judge Karen Henderson dissented from the panel opinion.
What's can DC do?
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10. Getting a Case to the Supreme Court
The District of Columbia filed a writ of certiorari.
What is a cert petition? Who reads it and evaluates it?
Take a look at the D.C. cert petition by clicking on the link.
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11. Getting a Case to the Supreme Court
We know that the Supreme Court accepted this case for oral argument because it was presented in March,
2008.
Based on this information, what can we infer about this case?
What took place during oral argument in this case?
Listen to a little bit of the oral argument in this case by clicking on the link.
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12. Getting a Case to the Supreme Court
This case was argued on Tuesday, March 18, 2008. What happened on March 21st (a Friday)?
What's happening now?
What can we expect to happen in May or June?
What will be the significance of the Court's ruling for D.C.? For the rest of the nation?
If D.C. loses, does the city have any recourse?
Listen to analysis of the case by clicking on the link.
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13. The Power of American Judges
quot;The legitimacy of the Judicial Branch ultimately depends on its reputation
for impartiality and nonpartisanship.quot;
‐‐‐‐Justice Harry Blackmun
How do these images relate to the quote?
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14. What factors make these justice so powerful?
Chief Justice Earl Warren Chief Justice Warren Burger Chief Justice William Rhenquist
1953 ‐ 1969 1969 ‐ 1986 1986 ‐ 2005
The Power of Constitutional and Statute The Power of a Life Time Appointment
Interpretation The Power of Judicial Review
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18. How are Federal Judges/Justices Selected?
quot; . . . The Judges, both of the supreme and inferior Courts, shall hold their
Offices during good Behaviour, and shall, at stated Times, receive for their
Services a Compensation, which shall not be diminished during their
Continuance in Office.quot; —Article III, Section I, U.S. Constitution
What qualities would you look for in a federal judge or justice?
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