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THE JUDICIARY (Article 3)

THE JUDICIARY (Article 3). ORGANIZATION SUPREME COURT Nominated by President Advise & consent of Senate Salary can’t be reduced Serve during “good behavior”. THE JUDICIARY (Article 3). Inferior Courts Appeals Courts--12 districts 3 Judge Panels No Juries District Courts Single judge

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THE JUDICIARY (Article 3)

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  1. THE JUDICIARY (Article 3) ORGANIZATION SUPREME COURT Nominated by President Advise & consent of Senate Salary can’t be reduced Serve during “good behavior”

  2. THE JUDICIARY (Article 3) • Inferior Courts • Appeals Courts--12 districts • 3 Judge Panels • No Juries • District Courts • Single judge • Juries • State Courts

  3. JURISDICTION Federal Courts Cases involving federal law Cases with U.S. Government Multiple states Citizens of different states

  4. JURISDICTION • Supreme Court • Original--disputes between states • Appellate • errors of law--facts not re-decided • writ of certiorari requested • 4 justices must approve (90% denied) • Criteria is the issue, not the person

  5. SUPREME COURT PROCEDURE 1st Monday in October Sequence Written briefs Oral arguments and questioning Debate among justices

  6. SUPREME COURT PROCEDURE • Opinions • Assignment to write • Chief Justice • Senior justice on majority side • Majority • Concurring • Dissenting • 5-4 decisions

  7. SELECTION OF JUDGES Inferior Courts--based on merit & politics Supreme Court Most important legacy of a President Steps Long and short lists Investigation Hearings Criteria--merit, ideology, diversity Sometimes there are surprises Earl Warren

  8. Current Supreme Court Reagan Scalia (M) age 74 since 1986 conserv Kennedy (M) age 74 since 1988 swing Bush I Thomas (M) age 58 since 1991 conserv Clinton Ginsburg (F) age 77 since 1993 liberal Breyer (M) age 72 since 1994 liberal Bush II Roberts (M) age 57 since 2005 conserv Alito (M) age 63 since 2005 conserv Obama Sotomayor (F)age 58 since 2009 liberal Kagan (F) age 52 since 2010 liberal

  9. JUDICIAL REVIEW SC initially not an equal branch Un-elected Lack of enforcement power Chief Justice Marshall

  10. JUDICIAL REVIEW • Marbury v. Madison • Adams appointment of Marbury • Jefferson Refusal • Writ of Mandamous--command to perform (Judicial Act of 1789) • Justice Marshall’s Dilemma • Command Jefferson • Deny relief to Marbury

  11. Marshall’s Solution Marshall’s Decision Jefferson’s refusal illegal No basis for Judicial Act of 1789 Act unconstitutional

  12. Marshall’s Solution • Marshall’s Argument • Constitution supreme • Acts contrary are void • Court sworn to support Constitution • Courts interpret Constitution • Court can review and void laws

  13. Results Court above politics Judicial Review of Federal Laws Judicial Review of State Laws Approval of sale of loyalist lands by bribed Virginia legislature Reversal of decision by next legislature Reversal voided by Court--no law impairing contracts

  14. HOW TO INTERPRET THE CONSTITUTION Original Intent Judge based on principles Popularity not a good decision rule Words carefully chosen Status & stability to Constitution

  15. HOW TO INTERPRET THE CONSTITUTION • Present Circumstances • How to determine original intent? • Document was a compromise • Times have changed

  16. HOW TO INTERPRET THE CONSTITUTION • The Supreme Court Today • Precedent • Personalities • Public Opinion

  17. “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” What does the 2nd Amendment mean? 2nd AMENDMENT

  18. Interpreting the Constitution Interpretation based on present day circumstances Violence in society, new technology Tradition of guns for defense & sport

  19. Interpreting the Constitution • Based on Original Intent • “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” • Militias • vs. standing armies • well-regulated militia • Bear arms • Military phrase • 3rd Amendment: quartering • People--term implies individuals

  20. U.S. vs. Miller (1939) National Firearms Act Sawed-off shotgun across state lines illegal Miller convicted Contended Act unconstitutional under 2nd Amendment Supreme Court: “No evidence that a sawed-off shotgun is needed for militias.” Upheld conviction D.C. Decision (2008)—right to own firearms Chicago Decision (2010) 2nd Amendment and the Court ?

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