Powers of the Judicial Branch

Transcription

1 The Judicial Branch

2 The Judicial Branch The Learning Objectives are to: 1. Identify the powers of the judicial branch. 2. Examine the power of judicial review. 3. Understand how the Supreme Court does its work. 4. Grasp the doctrines that limit access to the courts.

3 Powers of the Judicial Branch In the United States Constitution where do you find the powers of the Judiciary? Article III Every article of the U.S. Constitution deals with Article III. If you remember the Steel Seizure case where President Truman was unable to take over the steel industry. The courts said no!!!! Why because he didn t have the power.

4 Powers of the Judicial Branch What does Article III say? 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. What are the inferior Courts?

5 Powers of the Judicial Branch What types of cases can the inferior courts hear? Federal question; Diversity of Citizenship. What is a Federal question issue? What is Diversity of Citizenship issue? There are 9 Justices of the Supreme Court There are 13 Circuit Courts of Appeals And there are 94 District Courts. What kinds of cases does the Supreme Courts hear?

6 Judicial Review Look at Article III where does it say in Article III does the Supreme Court of the U.S. have the right to review appellate cases? What gives the SPCT the Power for Judicial Review? The case of Marbury v. Madison, 5 U.S. 137 (1803) What did it say? What is a Mandamus?

7 Judicial Review Mandamus is not listed in the Constitution as one of the powers given to the SPCT as an issue that the SPCT has original Jurisdiction. The statute in question Section 25 of the Judiciary Act of 1789 seem to indicate that the President could to file his suit in the SPCT. The SPCT found that the law was unconstitutional and that Marbury had filed his case in the wrong court.

8 Judicial Review Did the SPCT really address question of Judicial Review in the Marbury case or elsewhere? Cooper v. Aaron, 385 U.S. 1,18 (1956) What did the SPCT say in the Cooper case the federal judiciary is supreme in the exposition of the law of the Constitution, and that principle has ever since been respected by this Court and the country as a permanent and indispensable feature of our constitutional system

9 Judicial Review The Cooper case cited the Marbury case and unanimously reaffirmed the principle of judicial review. This principle has been used in many cases since and has established the Supreme Court is the Supreme Law of the land!! All public officials are to follow the rulings of the Court!!!!

10 Workings of the Supreme Court There is one chief justice There are 8 associate justices Each one gets one vote They serve for life They are only removed by impeachment The court can only hear a case if it is brought before it in a case or controversy It can no rule on cases that are not before it.

11 Selecting Cases How does the Supreme Court select the case they will hear? Petition for a writ of certiorari The justices look at these cases that are filed approximately 7,000 and they decide by vote which ones they are to take up for the fiscal year. There has to be 4 votes to issue a writ of cetiorari.

12 Selecting Cases Factors involved in their decision to issue a writ: Cases of national significance ( abortion, civil rights) Cases in which the issues involve the role of the president or congress Cases in which the Circuit Courts have a issued conflicting opinions with another Circuit. Cases in which the supreme courts of the States are in disagreement regarding federal law.

13 Deciding Cases A writ is issued An appellate brief is filed by the appellant An answer brief is filed by the appellee There is an oral argument ( only if the court grants it) Then after the justices meet and discuss the case and they vote if the chief justice is in the minority he assigns the opinion usually to the least senior justice If the chief justice is in the minority then the most senior justice assigns the opinion.

14 Deciding Cases The majority opinion is based on precedent and stare decisis. There may be a dissenting opinion by the minority or concurring opinions by the majority or a plurality opinion What is a plurality opinion?

15 Constitutional Interpretation The SPCT uses several methods to decide a case. What are they? Historical method Textual method Structural method Original intent method Stare Decisis.

16 State Court Review The SPCT can not review a supreme court decision from a state unless what? The issue to be review by the SPCT is one that the supreme court of the state has made it clear in their opinion that they are not basing their ruling on adequate and independent state grounds or state law.

17 Justiciability What is justiciability? Standing Ripeness Mootness Advisory Opinions Political Questions Tell me what each of these mean? Two of these factors are non factors which are they?

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