The Judicial Branch refers to the Courts, Cases, and Law
Pictured above are the nine current supreme court justices.
Types of Cases tried in federal court
- In a Criminal law case, the government charges an individual for violating a specific law, such as robbery or larceny.
- In a Civil law case there involves a dispute between two parties, such as in cases of child custody or divorce.
Structure of the Federal Judicial System
The entry point for most litigation in the federal courts is the district courts. There are 91 district courts in all, at least one in each state. These courts are of original jurisdiction (they hear a case first, usually in a trial, determine the facts of a case); no appeals are heard here. These courts have impanel juries and hold trials. Each district court has between 2 and 28 judges. The district courts of Wisconsin are in Madison, Milwaukee, and Green Bay.
The Appeals Court review final decisions of district courts. They also hear appeals to orders of many federal regulatory agencies. U.S. law gives everyone a right to an appeal to a higher court. The United States is divided into 12 judicial circuits, each circuit serves at least two states and has 6 to 28 judges. These courts are appellate courts; they hear no testimony and have no trials.
At the top of the judicial ascent lies the Supreme Court. Among its most important tasks is to resolve conflicts among states and maintaining uniform interpretation of national laws. There are currently nine justices on the Supreme Court: eight associates and one chief justice. The size of the Supreme Court has changed many times throughout history, there have been as many as 10 justices and as few as 6 justices. Only a supreme court judge is called a justice. A vast majority of cases heard of the Supreme Court come from lower courts.
The Federal Judicial Circuits
The 12 circuits differ in size. Not shown: Puerto Rico (1st circuit), the Virgin Islands (3rd circuit), and Guam and the Northern Mariana Islands (in the 9th circuit).
The inside of the New York Supreme Court, Appellate Division, pictured to the left.
Circuits pictured below.
Famous Cases of the Supreme Court
- Marbury v. Madison (1803)
William Marbury, a federalist was designated as a justice of the peace in Washington D.C., appointed by John Adams in his last days of office. After Adams left office Marbury was unable to become a justice of peace because Adams documents had not been delivered promptly. James Madison was the secretary of state at the time and was told by Marbury to deliver the papers. Ruling denied Marbury, stating he had a right to commission but not to force Madison to deliver; this famous case established judicial review.
- Gideon v. Wainwright (1963)
- Dred Scott v. Sandford (1856)
Dred Scott was a Slave in Missouri. From 1833-1843 he resided in Illinois, where slavery was forbidden. Upon returning to Missouri, Scott sued the courts unsuccessfully. He claimed his residence in free territory had made him a free man. Although he successfully appealed to the Supreme court their ruling was as follows: no slave or descendant of a slave could become be a U.S. citizen.
- Plessy v. Ferguson (1896)
On June 7, 1892, 30-year-old Homer Plessy was jailed for sitting in the "White" car of the East Louisiana train. Plessy could easily pass for white but under Louisiana law, he was considered black despite his light complexion and therefore required to sit in the "Colored" car (he was 7/8 white). He was arrested and fined, but later argued to the Supreme Court his 13th and 14th amendments were being violated. The Supreme court ruled that states can constitutionally enact separate facilities as long they are equal for all races.
- Brown v. Board of Education (1954)
In Topeka, Kansas a black 3rd grader, Linda Brown, had to walk a mile, through a railroad switch yard, to get to her all black elementary school. A white school was only seven blocks away, but she was unable to attend. Her father, Oliver Brown, elicited help from the NAACP. The case was brought in front of the Supreme Court. Their ruling struck down the doctrine of Plessy v. Ferguson and declared segregation of public schools unconstitutional.
Schools for different races were not "equal," as you can see in the pictures below.
- Roe v. Wade (1973)
Roe, a Texas resident, sought to terminate her pregnancy by abortion. Texas law prohibited abortions the only exception being performing an abortion in order to save the mother's life. The pregnant, single woman (Roe) challenged the constitutionality of the Texas criminal abortion laws in front of the Supreme Court. The court held that a woman's right to an abortion fell within the right to privacy protected by the 14th amendment.
- Tinker v. Des Moines (1969)
Three high school students in Des Moines, Iowa were suspended from school for wearing black armbands to protest US involvement in the Vietnam War. The case was taken to the Supreme Court. The Supreme Court declared the student's first amendment rights were being violated; students' rights are not to be infringed while in school.
- U.S.A. v. Nixon
President Richard Nixon held secret tape recordings of conversations with his aides regarding the affair (Watergate Scandal). After being asked to release these tape recordings, President Nixon and his staff refrained from doing so claiming the president had executive privilege. The Supreme Court ruled against executive privilege and tapes and hidden documents had to be released.
- Miranda v. Arizona
This is one of the most famous Supreme Court cases. It represents the Court's responsibility to treat even the most ignoble of criminals the same under the law. Ernesto Miranda had kidnapped and raped a young woman. The police interrogated Miranda for two hours before he admitted to his wrongdoings. During this period, the police officers did not inform Miranda of his basic rights (right to remain silent and his right to an attorney). The case was then heard by the Supreme Court. The Supreme Court favored Miranda because he had not been told his rights and was his privilege against self-incrimination was not effectively protected in any other manner.
- Citizens United v. F.E.C.
In January 2008, Citizens United, a nonprofit corporation, released a documentary entitled Hillary: The Movie. The movie expressed opinions about whether Hillary Clinton was a suitable candidate for the presidency. But, as part of the Bipartisan Campaign Reform Act of 2002, the Federal Elections Commission (FEC) prohibited corporations and unions from using their general treasury funds to communicate to the mass public specifically about a candidate. The case was taken to the Supreme Court, where it was ruled unions and corporations have the same first amendment rights as individuals, (striking down part of the Bipartisan Campaign Reform Act).