Supreme Court Lessons 1&2

highest court in the land

has final authority to interpret federal laws

influenced by tradition

composition of the court changes often

affirms/rejects lower court decisions

interprets the constitution

how we live in a community w/one another, one’s political views are one’s view of human nature and the “good“ life

Yes- its decisions determine how we are governed

self-government, representative government, democracy

restrain the excess of the popular government

distrust of English colonial judges

Independent judiciary capable of upholding standards of national law

all men are created equal

established unalienable rights

not given by humans, given by god can not be taken away

power from the people, power allows the fed to met their goals

the People

mirrors its importance

Chief Justice Taft

Judicial Power

vests judicial power in one supreme court

defined federal jurisdiction

under the constitution, the law of the US,

controversies between states, state v citizens, citizens of different states, citizens claim land grants within different states.

amendment process

Q. of federal or state law

executive power

vests executive power in President

power to nominated and appoint officers (includes judges)

“take care that laws be faithfully executed“

legislative branch

enumerates congress’s powers

ruling acts/ laws as unconstitutional

Executive: appoints judges, grant reprieves, pardons

Legislative: can refuse judicial appointments, can impeach judges, can create amendments going against their decisions, create lower courts

→ judiciary acts

it does not initiate the resolution of the conflicts (cases come to them)

it does not hold the sword (they cant enforce)

it does not command the purse (has to appeal to the legislative branch)

6 justices

2 sessions (1st monday in feb and august)

13 district (trial) courts

3 circuit (appellate) courts

established circuit riding

5 justices

created 6 new circuit courts with 16 new judges

repealed the 1801 Act

9 justices Grant defeated Johnson

-last time # of justices was changed

when a justice was assigned 1 of the 6 circuit courts, this is why geographical origin was an important factor in nominating a justice

• conducted trials, making justices into republican teachers who brought the authority of the federal government to distant states

exposed justices to local political sentiments and legal practices

9 federal courts of appeal

eliminated circuit court riding

made most of the court’s docket discreitionary

lowest

original jurisdiction

jurisdiction of a court for first instance

mid

appellate jurisdiction

answer questions of law (appeals) were they right or wrong in interpretation in district court

• must hear the case

highest

certiorari, discretionary appellate

limited original jurisdiction

SC must hear first, cases between states for unbiased court room

jurisdiction that court may accept/reject particular case

• over 90% of courts docket today

the request of the SC to accept jurisdiction to decide a particular case and make the law more certain

• SC does not have to answer this appeal

they must hear the case

New York: Royal Exchange Building

Philly: Independence Hall and Philly Old City Hall

D.C.: old senate chamber, old senate chamber

Art 3 Sec 2

• federal questions (constitution federal statute, treaty)

• US government is party in case

• diversity jurisdiction (citizens of different states)

cases arising under the law of the US, under the Constitution, involving citizens in different states

“let the decision stand“

principle of adherence to settled cases, doctrine that principle of law established in earlier cases should be accepted as authoritative in similar later cases

• respects prior court decisions

• promotes stability in law