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JUDICIAL BRANCH JUDICIAL BRANCH

JUDICIAL BRANCH - PowerPoint Presentation

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JUDICIAL BRANCH - PPT Presentation

Interprets laws and the Constitution and hears cases ARTICLE III 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 ID: 486131

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JUDICIAL BRANCHInterprets laws and the Constitution andhears cases.ARTICLE IIISlide2

“ 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.” Article III, Section IConstitution spells out neither the specific duties, powers nor organization of the Supreme Court. Instead, the Constitution left it to Congress and to the Justices of the Court itself to develop the authorities and operations of the entire Judicial Branch of government. “Least Dangerous Branch”? – Courts are in place to protect your liberties, not take them away!Slide3

Judiciary Act of 1789 very first bill introduced in the United States SenateSpelled out the Judiciary BranchSlide4

Judicial Review – power to declare a law unconstitutional Not in Constitution (Marbury v. Madison 1803), but seems logical Keith Hughes explains: https://www.youtube.com/watch?v=YFFZYJzv8-I 8 min. Federalist Paper #78 The courts are the arbiters between the legislative branch and the people; the courts are to interpret the laws and prevent the legislative branch from exceeding the powers granted to it.The power to declare a law unconstitutional is a check on the power of the legislature. Slide5

Jurisdiction: ability of the court to hear a case.Two TypesOriginal Jurisdiction = Hear a case first, trial conducted –jury, etc. Appellate Jurisdiction = Hear a case the second (or 3rd) time. No jury. Slide6

SCOTUS Cases cannot be appealed. Only the SCOTUS can overturn its own decisions!Slide7

INFERIOR COURTS(NOT THE SUPREME COURT)District Courts: 50 states divided into 89 federal judicial districts. 4 other districts for: Washington D.C., Puerto Rico,Virgin Islands, Guam, and the Northern Mariana Islands. 677 Judges handle 80% of all federal cases. Hear both civil (noncriminal matters) and criminal cases. Court of Appeals: 12 Judicial Districts in the U.S. 179 Judges hear appeals from the District Courts. Court of International Trade: 9 Judges hear tariff and other trade related cases. The Court of Appeals for the Federal Circuit

: 12 Judges hear appeals for civil cases.Slide8

Which Court of Appeals tends to be more liberal? More conservative? More Liberal = 9thMore Conservative = 5thSlide9

Dual court system = the federal court system covers the entire country, but each state also has its own court system.Federal Cases = U.S. laws, treaties and cases involving citizens of different states (=diversity cases) Some cases can be tried in either federal or state court (Ex: Bank Robbery) Slide10

Supreme Court: SCOTUS Highest court in the nation.Nine Justices. – number is not in Constitution (originally 6 justices –has been as many as 10 ) (1869 -9 was settled on.) Appointed by the elected president.Approved by the Senate. (advice and consent power- check/balance) Serve life terms. “in good behavior”Why are they not elected? What were the thoughts of the founding fathers? Slide11

Why are the judges not elected? Answer: Judicial Independence:Courts should not be subject to improper influence from the other branches of government, or from private or partisan interests. (Interest groups, Political parties, elections)Separation of Powers.Courts are to interpret the law, not just hold the party opinion. Slide12

Serve for Life: WHY? Federalist #78 Alexander Hamilton’s argumentsTakes many years to understand the law – short term would discourage thisLucrative (money making) law practices would not be given up for a short term on the court. Slide13

Selecting Federal JudgesParty Background (Democrat/Liberal) (Republican/Conservative) shapes ideologyNo real reliable way to know how a judge will behave in all matters! Judicial Independence (facts in case, prior rulings, arguments by lawyers)Most have experience being a judge. Female and Minority Judicial Appointments are on the riseSlide14

Senatorial Courtesy (not used for Supreme Court nominees) the practice in the U.S. Senate of confirming only those presidential appointees approved by both senators from the state of the appointee, or by the senior senator of the president's party. So do the Senators really nominate and the President confirms? The President only nominates people suggested to him by key senators. Slide15

Litmus Test –a test of ideological purityPresident looks for judge candidates that have the same political and judicial philosophy as they do. Ex: Liberal POTUS seeks Liberal activist judgeEX: View on Abortion, same-sex marriage, Civil Rights issues etc. Slide16

Rejection of SCOTUS nominees by the Senate:12 out of 151 times.Hostile to Civil RightsQuestionable personal financial dealingsPoor record as a lower court judgeOpposition to political or legal philosophySlide17

Salary of Supreme Court Justices More or less than Senate/House? As of January 2009President $400,000Vice President $227,300Speaker of the House $223,500House Majority & Minority Leaders $193,400House/Senate Members & Delegates $174,000Chief Justice, Supreme Court $217,400Associate Justices, Supreme Court $208,100Article III section 1: “Shall receive for their Services a Compensation which shall not be diminished during their Continuance in Office.”Slide18

Benefits? Judiciary Act of 1789lifetime pension equal to their highest full salary. In order to qualify for a full pension, retiring justices must have served for a minimum of 10 years provided the sum of the justice's age and years of Supreme Court service totals 80.If you quit after 10 years and you are 65 years old when you quit, can you get a pension? Fear of death (poor health) and decreased mental capacity are top 2 motivating factors in judges' decisions to retire.Slide19

Other fun facts:Most justices serve for average of 15 years. Oldest upon retirement = Oliver Wendell Holmes, Jr., stepped down two months shy of his 91st birthdayJohn Paul Stevens, left the court -June 2010, two months after turning 90 –served for 35 years -7 Presidents!Oldest appointed= 65 (served only 4 years before he died) Youngest = 32 (served for 33 years!)Slide20

Current Court – Tomorrow in class you will learn more about them!Rare Access to the SCOTUS building: http://www.youtube.com/watch?v=Unyswl36q8wSlide21

For more information: Keith Hughes video – Article III for Dummies. 8 minuteshttps://www.youtube.com/watch?v=UG0ZaAVF_i4