Supreme Court Lessons 1&2

supreme court

highest court in the land

has final authority to interpret federal laws

influenced by tradition

composition of the court changes often

what the supreme court does in most cases

affirms/rejects lower court decisions

interprets the constitution

politics

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

Is the supreme court political?

Yes- its decisions determine how we are governed

Framers of the Constitution followed the idea of

self-government, representative government, democracy

why did the framers establish the national judiciary?

restrain the excess of the popular government

distrust of English colonial judges

Independent judiciary capable of upholding standards of national law

Declaration of Independence

all men are created equal

established unalienable rights

unalienable rights

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

preamble of constitution

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

According to Federalist 78 (written by Hamilton) in a constitutional system government whose power is superior?

the People

The courts location

mirrors its importance

Which justice secured funding for the arrange construction of the Marble Temple

Chief Justice Taft

Article 3

Judicial Power

Article 3 Sec 1

vests judicial power in one supreme court

Article 3 Sec 2

defined federal jurisdiction

Judicial power extends to all cases arising?

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.

Article V (4)

amendment process

Q. of federal or state law

Article 2

executive power

Article 2 Section 1

vests executive power in President

Article 2 Section2

power to nominated and appoint officers (includes judges)

Article 2 sec 3

“take care that laws be faithfully executed“

Article 1

legislative branch

Article 1 Section 8

enumerates congress’s powers

Judiciary Checks

ruling acts/ laws as unconstitutional

Judiciary Balance

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

What reason does Hamilton Fed 78 give for believing that judiciary will be least dangerous branch?

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)

judiciary act of 1789

6 justices

2 sessions (1st monday in feb and august)

13 district (trial) courts

3 circuit (appellate) courts

established circuit riding

judiciary act of 1801 (Midnight Judge’s Acts)

5 justices

created 6 new circuit courts with 16 new judges

judiciary act of 1802 (Repeal Act)

repealed the 1801 Act

judiciary act of 1869

9 justices Grant defeated Johnson

-last time # of justices was changed

Circuit Riding

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

Circuit Riding benefit

exposed justices to local political sentiments and legal practices

judiciary act of 1891 (Evart’s Act)

9 federal courts of appeal

eliminated circuit court riding

judiciary act of 1925 (Certiorari Act)

made most of the court’s docket discreitionary

district court

lowest

original jurisdiction

original jurisdiction

jurisdiction of a court for first instance

court of appeals

mid

appellate jurisdiction

appellate jurisidiction

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

• must hear the case

supreme court

highest

certiorari, discretionary appellate

limited original jurisdiction

limited original jurisdiction

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

discretionary appellate

jurisdiction that court may accept/reject particular case

• over 90% of courts docket today

writ of certiorari

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

writ of certoriari in an Appellate Court

they must hear the case

past locations of the supreme court

New York: Royal Exchange Building

Philly: Independence Hall and Philly Old City Hall

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

federal limited jurisdiction

Art 3 Sec 2

• federal questions (constitution federal statute, treaty)

• US government is party in case

• diversity jurisdiction (citizens of different states)

According to the Constitution (Art 3 Sec 2) what kinds of cases does the federal judiciary have to power to hear?

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

Stare Decisis

“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