The Judicial Branch

Powers of the Courts

• Jurisdiction
Authority to hear a case
State Courts-cases involving
state law
Federal Courts-ambassadors,
state governments, U.S.
government
• Concurrent jurisdiction
• Original Jurisdiction
• Appellate Jurisdiction
Development of Power
• Precedents
John Marshall-1801
Marbury v. Madison
• Due Process
Plessy v. Ferguson
“separate but equal”
Brown v. Board of Ed.
• Business
• Protection of Civil liberties
Federal Court System
District Courts
94 Courts

U.S. Court of Appeals

13 Courts of Appeal

Supreme Court
 The Supreme Court

• Jurisdiction
Original-cases involving ambassadors and conflicts
between states
Appellate
• 9 Justices sit on the court
• Can be impeached by House of Representatives
• Duties
have developed through laws and tradition
Must decided which cases to hear each year
Must decide the case itself and give an opinion
Each justice has responsibility for federal circuits
Occasionally have special duties
What makes good justice?
• Law clerks
Do research and help
prepare opinions
Usually young law
school graduates
• Background
Legal experience
Usually older
 Appointment
• Political
Considerations
• Look at previous
career
• Usually gets advice
from legal experts
• ABA
• Interest groups
• Justices
 Supreme Court’s Work
• Procedures
Begins 2nd Monday in
October
Hear cases Mon-Wed
Work on opinions
• Reaching the Court
Writ of Certiorari
Appeal
Solicitor General
Selection of Cases
“Rule of Four”
 Decisions “Oyez Oyez…”
• Submitting Briefs
amicus curiae
• Oral Arguments
Each side allowed 30
minutes
• Conference
• Writing the Opinion
Unanimous
Majority
Concurring
Dissenting
 Shaping Policy
• Judicial Review
Used at state and local levels
Ex Parte Milligan-1866
Miranda v. Arizona-1966
• Interpretation of Laws
Congress often leaves laws
vague
PGA Tour v. Martin-2001
• Overturning Earlier
Decisions
-stare decisis-follows
earlier precedent
Olmstead v. U.S.-1928
Limits
• Only hears cases on
certain issues
Civil liberties, questions
of separation of powers
• Limits to types of cases
• Limited Control over its
agenda
• Lack of enforcement
power
How does the Court decide?
• The Law
Meaning of Constitution is not
always clear
• Justices personal view
creates blocs
• Relationship of Justices
Conflict v. harmony
• Society
must consider public support
society has changed over time
original intent v. spirit of the
law
Balancing Power
• President’s influence
Appointment
Enforces court’s decisions
• Congress
May try to pass laws to
circumvent the court’s
ruling
Propose Constitutional
amendments
Senate confirmation power