The Judicial Branch
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.
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.
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?
Powers of the Judicial Branch
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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?
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?
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.
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”
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!!!!
Workings of the Supreme
Court
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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.
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.
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.
Deciding Cases
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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.
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?
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.
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.
Justiciability
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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?
THE END