• Legislative

  • Control amount of courts

  • Power to impeach

  • Control amount of justices

    • Judiciary act of 1789

    • Judicial Reform Bill

      • FDR court packing scheme

        • Upset over SCOTUS striking down New Deal legislation

        • Wanted to appoint one justice for every 70 year old

        • Unpopular with both parties

  • Propose an amendment

    • Circumvent a SCOTUS ruling by passing an amendment and getting it ratified

      • Dred Scott case

        • Rules slaves we’re not citizens

      • 14th Amendment defines citizenship

• Executive

  • Implement and enforcing rulings

    • President, Regulatory Commissions, Federal Agencies

    • President can ignore an unpopular ruling

How a Case gets to the Supreme Court

• Role of Clerks

  • Help justices select the most important cases for the Discuss List

  • Most justices only employ 4 clerks

  • Cases that are deemed high importance must meet the rule of four

Rule of Four

• At least four or more justices must agree to hear a case

• The Chief Justice doesn’t need to be included

Granting Writ of Certiorari

• Cases in which the federal government is a party

  • Solicitor general argues on behalf of the government

• Conflict among lower courts

• Constitutional questions

• Involves important social issues

Amicus Curiae Briefs

• Explaining why an interest group or individual feels the case must be heard

Hearing and deciding the case

• Oral arguments - 30 minutes

• Questions asked and arguments

• Monday - Wednesday

The Conference and the Vote

• Closed Conferences twice a week - Thursday and Friday

Writing an Opinion

• Majority opinion

• Concurring opinion - agrees with majority ruling

• Dissenting opinion - disagrees with majority ruling

Article 3 of the constitution

• Framers treated courts as an afterthought

• Not seen as all too powerful

• Framers thought of it as essential

Section one of article 3

• Creates a Supreme Court

  • Doesn’t specify number nor positions

• Authorizes creation of lower courts

• Deals with term lengths

  • Lifetime tenure

    • Still subject to impeachment

Section 2

• Grants two types of jurisdiction

  • Original - hears case first

  • Appellate - reviews decision of lower court

• Set rules for when a case goes to SCOTUS via original jurisdiction

Judicial Review

• Power to review Acts of congress and determine constitutionality

Judiciary Act of 1789

• Established basic 3-tiered structure

• Set numbers of justices at 6

Types of Law

• Criminal

  • Codes of behavior related to protection of property and individual safety

  • Defines crime against public order and provides for punishment

• Civil

  • Codes of behavior related to conduct and relationships between individuals or groups

  • Relations between individuals

• District Courts

  • Each state has at least one

    • More populous states have more

    • 94 in total

  • Jurisdiction

    • District courts have only original only

    • Must involve federal or multi state issues

    • Primarily civil cases

• U.S Attorney

  • One for each district

  • Nominated by President

Courts of Appeal

• 11 courts

  • 12th created for federal regulatory commissions

  • 13th for patents

• Number of judges varies

  • Depends on workload

• No original jurisdiction

  • Review from district courts

  • Can be civil or criminal

Supreme Court

• 8 associate justices and one chief justice

• Chief justice is the spokesperson

Federalist 78

• Why lifetime tenure is necessary

  • No political pressures

  • Prevent invasions on powers

  • Best device for ensuring judicial independence

• Judicial Branch is least powerful

  • Only have power to judge, not act

  • Depend on executive branch to carry out decision

  • Rulings can restore liberties

• Judicial needs to be independent

  • To protect from government

  • Protect against factions

• SCOTUS and judicial review

  • Ability to declare acts of congress or executive branch constitutional

  • Each decision can establish new rules or precedents going forward