StandardsGOV.8C: analyze the structure and functions of the judicial branch of government, including the federal court system, types of jurisdiction, and judicial review;
GOV.8F: analyze selected issues raised by judicial activism and judicial restraint; |
Vocabulary
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Justices of the Supreme Court
John G. Roberts, Jr.
Chief Justice of the United States Stephen G. Breyer
Associate Justice Samuel A. Alito, Jr.
Associate Justice |
Clarence Thomas
Associate Justice Ruth Bader Ginsburg
Associate Justice Neil M. Gorsuch
Associate Justice |
Anthony M. Kennedy
Associate Justice Sonia Sotomayor
Associate Justice Elena Kagan
Associate Justice |
Qualifications for Supreme Court Justices
- There are NO formal qualifications for federal judges.
- Federal judges serve “during good behavior”, which generally means for life so that their decisions will not be made because of political pressures.
- Congress establishes the size of the Supreme Court
- Current size – 8 associate justices and 1 chief justice
- Justices nominated by President of the U.S. and confirmed by Senate
Note: Only one Justice, Samuel Chase, has been impeached while on the Supreme Court, but he was not removed from office. Supreme Court Justice Abe Fortas resigned in 1969 when threatened with impeachment.
Justices tend to have some or all of the following qualifications:
- Had legal training
- Held positions in government
- Served as lawyers for leading law firms
- Served as federal district attorney
- Served as law school professors
History of the Judicial Branch
- Under the Articles of Confederation there was no Judicial Branch.
- Article III of the Constitution created the Supreme Court and Gave Congress the power to create lower courts.
- Federal Courts were quickly created by Congress through the Judiciary Act of 1789 to try federal cases.
- U.S. Court of Appeals (Appellate Courts) were created by Congress in 1891.
Duel Court System
Federal CourtsHandle criminal and civil cases involving federal
law or any constitutional issue |
State CourtsHandle criminal and civil cases involving state law
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Types of Cases
Criminal Case – Government or state charges an individual with violating one or more laws
Civil Case – Government or state resolves a dispute between two parties.
Civil Case – Government or state resolves a dispute between two parties.
Federal Court Jurisdiction
Jurisdiction- The authority of the courts to hear certain cases.
1.) Original Jurisdiction: authority to hear a case for the first time
2.) Appellate Jurisdiction: courts that hear reviews or appeals of decisions from the lower courts
3.) Concurrent Jurisdiction: allows certain types of cases to be tried in either the federal or state courts
1.) Original Jurisdiction: authority to hear a case for the first time
- Trials are conducted, evidence is presented, and juries determine outcome of case
- Federal District Courts and the Supreme Court (in rare cases) have original jurisdiction
- There are 94 District Courts
2.) Appellate Jurisdiction: courts that hear reviews or appeals of decisions from the lower courts
- Federal Courts of Appeals and the Supreme Court have appellate jurisdiction
- There are 13 Circuit Court of appeals (11 made up of combined regions, The Federal Circuit, and The DC Circuit)
3.) Concurrent Jurisdiction: allows certain types of cases to be tried in either the federal or state courts
Participants in the Judicial System
Participants in court cases are called Litigants
- Plaintiff: the party bringing the charges
- Defendant: the party being accused or charged
- Jury: 12 people who decide the outcome of the trial.
- Not all cases require a jury. These are referred to as a bench trials.
- In criminal cases where significant punishment is possible, trial by jury is provided unless it is waived by the defendant.
- In Federal court, the right to a jury trial in a civil matter exists for any controversy where the amount involved is greater than $20 (under the 7th Amendment to the US Constitution).
Judicial Selection
Lower Courts
- Due to large number of appointments, the Department of Justice and the White House staff handle most of these nominations
- Senatorial Courtesy: allowing senators from president’s party who represents the state with the vacancy to approve or disapprove nominees
- Supreme Court Justices are Nominated by the President and Confirmed by the Senate
- Due to Lifetime appointments for judges, not all Presidents get to nominate Supreme Court Justices.
- This is one of the most of controversial things that a President does while in office.
- When making appointments, presidents often consider:
- Party affiliation – judges from their own political party
- Judicial philosophy – judges who share their political ideology
- Race, gender, religion, region, age
- Judicial experience – previous experience as judge or attorney
- “litmus test” – judge's view on 1 single issue (ex. Abortion)
- Acceptability – judges who are non-controversial and will be easily confirmed by the Senate
Court In Session
Session length
The Supreme Court begins on the first Monday in Oct. and generally lasts until June or July of the following year
Cases Before the Court
Written Briefs
Once cases are accepted by the Supreme Court lawyers submit a written brief; a detailed statement of the facts of the case supporting a particular position by presenting arguments based on relevant facts and citations from previous cases.
Oral arguments
Both sides are allowed to present their positions to the justices during a 30 minute period. Justices may interrupt lawyers during this time, raising questions or challenging points of law.
Opinions
Once a case has been heard the justices deliberate (consider a case) and render a written opinion.
If voting with the majority, the chief justice selects who will write the opinion
If voting with the minority, the most senior associate justice of the majority selects who will write the opinion
3 Types of Opinions
Majority Opinion – opinion agreed upon by a majority of the justices
Concurring Opinion – written by a justice or justices who agree with the majority opinion, but not with the reasoning behind the
decision
Dissenting Opinion – written by a justices or justices who disagree with the majority opinion
Precedents
Majority Opinions become Precedents; standards or guides to be followed in deciding similar cases in the future.
The Supreme Court begins on the first Monday in Oct. and generally lasts until June or July of the following year
Cases Before the Court
- Thousands of cases are appealed to the Supreme Court every year- only a few hundred are actually heard
- Most cases denied because:
- Justices agree with the lower court decision
- Justices believe the case does not involve a significant point of law
- Cases that are accepted must meet the rule of four (Four of the nine justices must agree to hear the case)
- Many of the cases accepted may be disposed of in brief orders (Returned to the lower court for reconsideration because of a related case which was recently decided)
- Cases presented to the Supreme Court may be presented through
- Writ of Certiorari – an order by the Court (when petitioned) directing a lower court to send up records of a case for review
- Certificate – a lower court asks the Supreme Court about a rule of law or procedures in specific cases
Written Briefs
Once cases are accepted by the Supreme Court lawyers submit a written brief; a detailed statement of the facts of the case supporting a particular position by presenting arguments based on relevant facts and citations from previous cases.
Oral arguments
Both sides are allowed to present their positions to the justices during a 30 minute period. Justices may interrupt lawyers during this time, raising questions or challenging points of law.
Opinions
Once a case has been heard the justices deliberate (consider a case) and render a written opinion.
If voting with the majority, the chief justice selects who will write the opinion
If voting with the minority, the most senior associate justice of the majority selects who will write the opinion
3 Types of Opinions
Majority Opinion – opinion agreed upon by a majority of the justices
Concurring Opinion – written by a justice or justices who agree with the majority opinion, but not with the reasoning behind the
decision
Dissenting Opinion – written by a justices or justices who disagree with the majority opinion
Precedents
Majority Opinions become Precedents; standards or guides to be followed in deciding similar cases in the future.
Judicial Philosophy
Judicial Activism
- The court should play a more active role in creating national policies and answering questions of conflict in society
- The court should operate strictly within the limits of the Constitution and only answer questions if a clear violation of the Constitution is present. Policy making should be left up to the executive and legislative branches.
Courts
Warren Court (1953-1969)
Burger Court (1969-1986)
Rehnquist Court (1986-2005)
Roberts Court (2005-Present)
- Led by Chief Justice Earl Warren
- Often said to be the “most liberal court ever”
- Important cases decided
- Brown v. Board of Education (1954) – ended segregation in public schools
- Gideon v. Wainwright (1963) – states required to provide attorneys for those accused of a crime
- Miranda v. Arizona (1966) – police have to inform anyone questioned of their rights in order to use the information in court
Burger Court (1969-1986)
- Led by Chief Justice Warren Burger
- Returned the Supreme Court to a more conservative ideology
- Important cases decided:
- Roe v. Wade (1973) – declared abortions legal with special time constraints
- U.S. v. Nixon (1974) – ruled that President Nixon’s private recordings were not protected under presidential privilege and ordered them be turned over to the house investigators
Rehnquist Court (1986-2005)
- Led by Chief Justice William Rehnquist
- Conservative court that continued to limit, but not reverse, decisions of earlier more liberal courts in the areas of defendant’s rights, abortion, and affirmative action
- Important cases decided
- Planned Parenthood v. Casey (1992) – upheld and ruled constitutional a Pennsylvania law requiring a minor to wait 24 hours after receiving parental approval before getting an abortion – but ruled unconstitutional a provision that required a woman to obtain “informed spousal consent” before having an abortion
- Roper v. Simmons (2004) –declared that the death penalty was unconstitutional for anyone under the age of 18
Roberts Court (2005-Present)
- Led by Chief Justice John Roberts
- Seen as more conservative than the Rehnquist Court
- Has often had split votes
- Important cases decided
- District of Columbia v. Heller (2008): In a 5-4 decision in which the majority opinion was delivered by Justice Scalia, the Supreme Court held that the Second Amendment applies to federal enclaves, and that the amendment protects the right of individuals to possess a firearm, regardless of service in a militia
- Burwell v. Hobby Lobby (2014): In a 5-4 decision delivered by Justice Alito, the Court exempted closely held corporations from the Affordable Care Act's contraception mandate on the basis of the Religious Freedom Restoration Act.
- Obergefell v. Hodges (2015): In a 5-4 decision delivered by Justice Kennedy, the Court held that the Due Process Clause and the Equal Protection Clause both guarantee the right of same-sex couples to marry.
- Whole Woman's Health v. Hellerstedt (2016): In a 5-3 decision delivered by Justice Breyer, the Court struck down restrictions the state of Texas had placed on abortion clinics as an "undue burden" on access to abortion.
Landmark Cases
- A landmark case is a court case that is studied because it has historical and legal significance. The most significant cases are those that have had a lasting effect on the application of a certain law, often concerning individual rights and liberties.
- Download the PDF below to see a list and brief description of Landmark Court Cases.
- To find out more about each case, Visit https://www.oyez.org/
supremecourt_landmarkcases.pdf | |
File Size: | 287 kb |
File Type: |
Firsts for the Supreme Court
Article 3
SECTION 1
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 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.
SECTION 2
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 Jurisdiction;-to Controversies to which the United States shall be a Party;-to Controversies between two 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.
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 Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, 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.
SECTION 3
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 Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
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 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.
SECTION 2
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 Jurisdiction;-to Controversies to which the United States shall be a Party;-to Controversies between two 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.
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 Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, 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.
SECTION 3
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 Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Other Resources
Supreme Court https://www.supremecourt.gov/www.supremecourt.gov/ Direct people to which court they should go https://www.icivics.org/games/court-quest See if you can help people defend their rights https://www.icivics.org/games/do-i-have-right |
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