The U.S. Supreme The U.S. Supreme Court and the Court Court and the Court

SystemSystem

The Structural Context of The Structural Context of Court BehaviorCourt Behavior

Constitutional powersConstitutional powers Article IIIArticle III (the Judicial Article) provides (the Judicial Article) provides

very little detail about the organization very little detail about the organization and operations of the judicial branch.and operations of the judicial branch.

MarburyMarbury v. v. MadisonMadison (1803) and the (1803) and the development of judicial reviewdevelopment of judicial review

The U.S. Court System: The U.S. Court System: Organization and Organization and

JurisdictionJurisdiction Dual court systemDual court system

There is one court system for the There is one court system for the national government and one in each of national government and one in each of the states.the states.

Most laws, legal disputes, and court Most laws, legal disputes, and court decisions are located in the states.decisions are located in the states.

The most important political and The most important political and constitutional issues eventually reach constitutional issues eventually reach the federal courts.the federal courts.

Constitutional Provisions: Article IIIConstitutional Provisions: Article III

The The Supreme Supreme Court is the only court Court is the only court specifically mentioned in specifically mentioned in Article IIIArticle III of the Constitution.of the Constitution.

Congress was given the task of Congress was given the task of establishing “such inferior courts as establishing “such inferior courts as the Congress may from time to time the Congress may from time to time ordain and establish.”ordain and establish.”

Article III specifies the Article III specifies the jurisdictionjurisdiction of the federal courts.of the federal courts.

Federal District CourtsFederal District Courts — — Trial Trial Courts of Original JurisdictionCourts of Original Jurisdiction

Most cases in the federal court system are first Most cases in the federal court system are first heard in one of the 94 district courts, and heard in one of the 94 district courts, and most of the business of the federal courts most of the business of the federal courts takes place at this level.takes place at this level.

Grand juriesGrand juries are used to are used to indictindict a defendant a defendant in criminal cases.in criminal cases.

This is the only level of federal court that uses This is the only level of federal court that uses juries and witnesses.juries and witnesses.

Some cases are heard by Some cases are heard by petitpetit (trial) (trial) juriesjuries while some are heard by a judge (while some are heard by a judge (bench bench trialtrial).).

U.S. Courts of AppealU.S. Courts of Appeal — — Intermediate-level Courts of Intermediate-level Courts of

Appellate JurisdictionAppellate Jurisdiction Courts of appeal do not hear new cases; Courts of appeal do not hear new cases;

they hear only cases on appeal.they hear only cases on appeal. The United States is divided into 12 The United States is divided into 12

geographic regions (geographic regions (circuitscircuits) to hear ) to hear appeals from the district courts. There is appeals from the district courts. There is also a thirteenth appeals court, called the also a thirteenth appeals court, called the U.S. Court of Appeals for the Federal U.S. Court of Appeals for the Federal Circuit, located in Washington, D.C.Circuit, located in Washington, D.C.

http://www.uscourts.gov/courtsofapphttp://www.uscourts.gov/courtsofappeals.htmleals.html

U.S. District CourtsU.S. District Courts

The United States district courts are the The United States district courts are the trial courts of the federal court system. trial courts of the federal court system. Within limits set by Congress and the Within limits set by Congress and the Constitution, the district courts have Constitution, the district courts have jurisdiction to hear nearly all categories of jurisdiction to hear nearly all categories of federal cases, including both civil and federal cases, including both civil and criminal matters. criminal matters.

Every day hundreds of people across the Every day hundreds of people across the nation are selected for jury duty and help nation are selected for jury duty and help decide some of these cases. decide some of these cases.

There are 94 federal judicial districts, including at There are 94 federal judicial districts, including at least one district in each state, the District of least one district in each state, the District of Columbia and Puerto Rico. Three territories of the Columbia and Puerto Rico. Three territories of the United States -- the Virgin Islands, Guam, and the United States -- the Virgin Islands, Guam, and the Northern Mariana Islands -- have district courts Northern Mariana Islands -- have district courts that hear federal cases, including bankruptcy that hear federal cases, including bankruptcy cases. cases.

http://www.uscourts.gov/images/CircuitMap.pdfhttp://www.uscourts.gov/images/CircuitMap.pdf U.S. District Court for StatesboroU.S. District Court for Statesboro

http://216.152.235.70/webdir.fwxhttp://216.152.235.70/webdir.fwx http://216.152.235.70/webdir.fwx?http://216.152.235.70/webdir.fwx?

mode=divofc&srchstring=D11GASCSavannah++mode=divofc&srchstring=D11GASCSavannah++++++++++++++++0000002029&jnet=++++++++++++++0000002029&jnet=

Procedure in the Courts of Procedure in the Courts of AppealAppeal

BriefsBriefs Oral argumentsOral arguments

New factual evidence cannot be introduced.New factual evidence cannot be introduced. Appeals are based on legal issues rather than facts.Appeals are based on legal issues rather than facts. No witnesses are called or cross-examined.No witnesses are called or cross-examined. The panel issues a The panel issues a decisiondecision, often weeks or even , often weeks or even

months after the oral arguments.months after the oral arguments. In important cases, the decision may be In important cases, the decision may be

accompanied by a written accompanied by a written opinionopinion that explains the that explains the reasoning of the court.reasoning of the court.

Decisions establish Decisions establish precedentsprecedents that guide other that guide other judges; significance of judges; significance of stare decisisstare decisis

U.S. Supreme CourtU.S. Supreme Court

A court of both original jurisdiction and A court of both original jurisdiction and appellate jurisdictionappellate jurisdiction

The size of the Court is determined by The size of the Court is determined by Congress; the number has been set at Congress; the number has been set at nine since 1869.nine since 1869.

The decisions and opinions of the Supreme The decisions and opinions of the Supreme Court become the most important sources Court become the most important sources of precedent on federal and constitutional of precedent on federal and constitutional questions for courts at all levels of questions for courts at all levels of jurisdiction.jurisdiction.

Congress determines the appellate Congress determines the appellate jurisdiction of the Supreme Courtjurisdiction of the Supreme Court..

The Supreme Court serves as an The Supreme Court serves as an appellate court for the federal appeals appellate court for the federal appeals courts and for the highest courts of courts and for the highest courts of the states.the states.

Appellate jurisdiction is discretionary; Appellate jurisdiction is discretionary; the Supreme Court decides for itself the Supreme Court decides for itself whether to accept the case.whether to accept the case.

The Constitution establishes the The Constitution establishes the original jurisdiction of the Supreme original jurisdiction of the Supreme Court.Court.

Disputes involving ambassadors and other Disputes involving ambassadors and other diplomatic personneldiplomatic personnel

Cases in which two or more states are parties Cases in which two or more states are parties to the disputeto the dispute

Disputes between the federal government and Disputes between the federal government and a statea state

Disputes between a state and a citizen from Disputes between a state and a citizen from another stateanother state

9 Members of the U.S. Supreme 9 Members of the U.S. Supreme CourtCourt

Chief JusticeChief Justice 8 Associate Judges8 Associate Judges

Can you name them?Can you name them?

http://www.supremecourtus.gov/http://www.supremecourtus.gov/

Appointment to the Federal Appointment to the Federal BenchBench

The appointment processThe appointment process Nominated by the presidentNominated by the president Characteristics of federal judgesCharacteristics of federal judges Advice and consentAdvice and consent — — the the

Senate’s power to confirm or reject Senate’s power to confirm or reject presidential nominationspresidential nominations

IdeologyIdeology Past political and ideological Past political and ideological

positions of federal court nominees positions of federal court nominees are generally a good guide to their are generally a good guide to their later behavior on the bench.later behavior on the bench.

Presidents are sometimes Presidents are sometimes surprised by decisions of their surprised by decisions of their nominees.nominees.

The Supreme Court in The Supreme Court in ActionAction

The Supreme Court is in session from the first The Supreme Court is in session from the first Monday in October until late June or early July.Monday in October until late June or early July.

The Court is a tradition-bound institution The Court is a tradition-bound institution defined by many defined by many ritualsrituals (such as entering the (such as entering the courtroom in order of seniority) and long-courtroom in order of seniority) and long-standing standing normsnorms (which are unwritten but (which are unwritten but clearly understood ways of behaving).clearly understood ways of behaving). SecrecySecrecy CourtesyCourtesy SenioritySeniority PrecedentPrecedent

The Court has a number of The Court has a number of screening screening mechanismsmechanisms to control its to control its docketdocket..

Cases must be Cases must be real and adverse.real and adverse. Parties in a case must have Parties in a case must have standing.standing. Cases must be Cases must be ripe.ripe. Appeals must be filed within a specified time Appeals must be filed within a specified time

limit, paperwork must be proper and complete, limit, paperwork must be proper and complete, and a filing fee must be paid.and a filing fee must be paid.

Requirements may be waived if a petitioner is Requirements may be waived if a petitioner is indigent and files an affidavit indigent and files an affidavit in forma in forma pauperispauperis..

The most important tool that the Court has for The most important tool that the Court has for controlling its agenda is the power to grant or controlling its agenda is the power to grant or not to grant a not to grant a writ of writ of certioraricertiorari (cert). (cert).

Deciding CasesDeciding Cases

Cases that are granted cert will be Cases that are granted cert will be scheduled for scheduled for oral argumentoral argument..

After reading the briefs and hearing After reading the briefs and hearing oral arguments, the justices meet in oral arguments, the justices meet in conferenceconference to deliberate and reach to deliberate and reach a a decisiondecision..

Written opinionWritten opinion — a statement of — a statement of the legal reasoning that supports the the legal reasoning that supports the decision of the Courtdecision of the Court

Key PersonnelKey Personnel Chief JusticeChief Justice

Solicitor GeneralSolicitor Generalhttp://www.usdoj.gov/osg/http://www.usdoj.gov/osg/ Name this personName this person

Law clerksLaw clerks

U.S. Department of JusticeU.S. Department of Justice& Attorney General& Attorney Generalhttp://www.usdoj.gov/ag/http://www.usdoj.gov/ag/

http://www.usdoj.gov/http://www.usdoj.gov/

The Supreme Court As a The Supreme Court As a National PolicymakerNational Policymaker

People often say that the Court should not People often say that the Court should not make policy but should only settle make policy but should only settle disputes.disputes.

The Court can’t help but make public The Court can’t help but make public policy because the disputes it settles policy because the disputes it settles involve contentious public issues and involve contentious public issues and fundamental questions about the meaning fundamental questions about the meaning of our constitutional rules.of our constitutional rules.

There are certain restrictions on the There are certain restrictions on the Court’s power to make policy.Court’s power to make policy.

Structural Change and Constitutional Structural Change and Constitutional Interpretation: Three Periods in the Interpretation: Three Periods in the History of U.S. Constitutional LawHistory of U.S. Constitutional Law

Period I: National power and property Period I: National power and property rightsrights

Period II: Government and the Period II: Government and the economyeconomy

Period III: Individual rights and Period III: Individual rights and libertiesliberties

The Debate Over Judicial The Debate Over Judicial ActivismActivism

Judicial reviewJudicial review Reversing past Supreme Court Reversing past Supreme Court

decisionsdecisions Deciding Deciding political questionspolitical questions RemediesRemedies Loose constructionLoose construction contrasted with contrasted with

original intentionoriginal intention The modern Court is more activist than The modern Court is more activist than

it was in the past.it was in the past.

The Courts and DemocracyThe Courts and Democracy

Courts make public policy.Courts make public policy. Judges are limited by the actions Judges are limited by the actions

and preferences of many other and preferences of many other political and governmental political and governmental actors.actors.

Georgia Judicial BranchGeorgia Judicial Branch Georgia Supreme CourtGeorgia Supreme Court

http://www.gasupreme.us/http://www.gasupreme.us/

Georgia State Court SystemGeorgia State Court Systemhttp://www.georgiacourts.org/http://www.georgiacourts.org/

Bulloch County State CourtBulloch County State CourtThe State The State CourtCourt of of Bulloch CountyBulloch County has jurisdiction over misdemeanor and traffic offenses in has jurisdiction over misdemeanor and traffic offenses in Bulloch CountyBulloch County, and , and over most types of civil law suits.over most types of civil law suits.

http://www.bullochcounty.net/departments/statecourt.htmhttp://www.bullochcounty.net/departments/statecourt.htm

Bulloch County Probate CourtBulloch County Probate Courthttp://www.bullochcounty.net/departments/probate.htmhttp://www.bullochcounty.net/departments/probate.htm

EndEnd

Should federal judges – including the Should federal judges – including the Supreme Court justices – be elected Supreme Court justices – be elected in partisan and/or non-partisan in partisan and/or non-partisan elections?elections?

Should there be term-limits?Should there be term-limits?