CHAPTER 16

THE JUDICIAL SYSTEM

Roots of the Federal Judiciary

Hamilton called it “the least dangerous branch.”

Little on the judiciary in the constitution.

Creates high Court, Congress establishes others.

Judges have life tenure with good behavior.

Congress can alter the Court’s jurisdiction.

Constitution is silent on judicial review.

DUAL COURT SYSTEMFEDERAL AND STATESSUPREME COURT RULES BOTHSUPREME COURT LINKS BOTH

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THE COURT’S POWER

JUDICIAL REVIEW

MARBURY V MADISON (1803)

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INFERIOR CONSTITUTIONAL COURTS

• DISTRICT COURTS

• COURT OF APPEALS

• COURT OF APPEALS FOR THE

FEDERAL CIRCUIT

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SPECIAL (LEGISLATIVE) COURTS

• U.S. CLAIMS

• TERRITORIAL

• DISTRICT OF COLUMBIA

• MILITARY APPEALS

• TAX COURT

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THE U.S. SUPREME COURT9 MEMBERS

(NOT SET BY CONSTITUTION)TERM OF OFFICE = LIFE

RELEASE OPINIONSMAJORITYCONCURRINGDISSENTING

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THEMIS

BLIND JUSTICE

SCALES&

SWORD

THE U.S. SUPREME COURT BUILDING

LOCATION OF THEU.S. SUPREME COURT

BUILDING

• Chief Justice – John Roberts

• Associate Justices– Samuel Alito– Stephen Breyer– Ruth Bader Ginsberg– Elena Kagan– Anthony Scalia– Sonia Sotomayor– Clarence Thomas

2010 Supreme Court Official Photo

The Federal Courts

Chapter 16

Edwards, Wattenberg, and LineberryGovernment in America: People, Politics, and Policy

Fourteenth Edition

The Nature of the Judicial SystemTwo types of cases:

Criminal Law: The government charges an individual with violating one or more specific laws.

Civil Law:The court resolves a dispute between two parties and defines the relationship between them.

Most cases are tried and resolved in state, not federal courts.

Participants in the Judicial SystemLitigants

Plaintiff—the party bringing the charge

Defendant—the party being chargedJury—the people (normally 12) who often decide the outcome of a case

Legal Standing have sustained or likely to sustain a direct injury

Justiciable disputes - a case must be capable of being settled as a matter of law.

Participants in the Judicial System

GroupsUse the courts to try to change policiesAmicus Curiae briefs used to influence “friend of the court” briefs to raise additional points of view and information

800,000 lawyers in United States todayLegal Services Corporation

Lawyers to assist the poorAccess to quality lawyers is not equal.

Back

The Structure of the Federal Judicial System

District Courts (91 federal courts)Original Jurisdiction:

Hear the case first and determine the facts - the trial court

Case Jurisdiction - deals with the following case types:Federal crimesCivil suits under federal law and across state lines

Supervise bankruptcy and naturalizationReview some federal agenciesAdmiralty and maritime law casesSupervision of naturalization of aliens

Courts of AppealAppellate Jurisdiction

Reviews legal issues in cases from lower courts

Hold no trials and hear no testimony

12 circuit courts

U.S. Court of Appeals for the Federal Circuit – specialized cases

Focus on errors of procedure and law

The Supreme CourtEnsures uniformity in interpreting national

laws, resolves conflicts among states and maintains national supremacy in law

9 justices – 1 Chief Justice, 8 Associate JusticesSupreme Court decides which cases it will hear—controls its own agenda

Some original jurisdiction, but mostly appellate jurisdiction

Most cases come from the federal courts

Most are civil cases

SELECTING FEDERAL JUDGES

Presidents nominates, Senate Confirms

Use of senatorial courtesy.

Competence, use of ABA ratings.

Ideology or policy preferences.

Rewards or political support.

Religion, race, ethnicity, and gender.

The Supreme CourtFewer constraints on president to

nominate persons to Supreme Court

President relies on attorney general and DOJ to screen candidates

1 out of 5 nominees will not make it

Presidents with minority party support in the Senate will have more difficulty.

Chief Justice can be chosen from a sitting justice, or as a new member to the Court

CONFIRMATION IS A POLITICAL PROCESS

The Backgrounds of Judges and Justices

Characteristics:Generally white males – Less recentlyLawyers with judicial and political

experience

Other Factors:Generally of the same party and

ideology as the appointing president

Judges and justices may not rule the way presidents had hoped they would have.

Back

The Courts as PolicymakersAccepting Cases

Use the “rule of four” to choose casesIssues a writ of certiorari to call up the

caseSupreme Court accepts few cases each

year

Making DecisionsOral arguments heard by the justicesJustices discuss the caseOne justice will write the majority opinion

Dissenting opinions Written by justices who oppose the majority.

Concurring opinions Support of the majority- stress a different legal basis.

Stare decisis Let previous decision stand unchanged

Precedent How similar past cases were decidedMay be overruled

Original Intent- the idea that the Constitution should be viewed according to the original intent of the framers

The Courts as PolicymakersJudicial implementation

How and whether court decisions are translated into actual policy.

Must rely on others to carry out decisions

CHECKS ON THE POWER OF THE COURT

• LACK OF ENFORCEMENT(NO JUDICIAL POLICE) (PRESIDENT ANDREW JACKSON)

• SENATE MUST OK JUDGES• CONGRESS CAN IMPEACH JUDGES• CONGRESS CAN CHANGE # OF JUDGES• LAWS CAN BE REWRITTEN• THE CONSTITUTION CAN BE AMENDED

The Courts and the Policy Agenda• A Historical Review

– John Marshall and the Growth of Judicial Review•Marbury v. Madison (1803) established judicial review—courts determine constitutionality of acts of Congress

– The “Nine Old Men” (New Deal)– The Warren Court– The Burger Court– The Rehnquist Court

1787-1861 ERAFEDERAL-STATE RELATIONS

McCULLOCH v MARYLAND (1819)

SLAVERYDRED SCOTT v SANDFORD(1857)

JOHNMARSHAL

L

4TH

CHIEFJUSTICE OF THE

U.S.SUPREME

COURT(1801-1835)

1862-1937 ERAGOV’T - ECONOMY RELATIONSHIPFOR PRIVATE PROPERTY RIGHTSLAISSEZ-FAIRE CAPITALISMFOR STATE REGULATION RIGHTS

1938-2000PROTECTION OF PERSONAL LIBERTIES

2000 - ???LIMITS OF GOVERNMENT POWER ???PROTECTION OF SOCIETY ???

http://politicalhumor.about.com/library/images/blpic-miersbrilliantbush.htm

EARLWARREN

CHIEFJUSTICE

1953-1969

(LIBERAL)(NIXON)

WILLIAMREHNQUIS

T

CHIEFJUSTICE

1986-2005

(CONSERVATIVE)

(REAGAN)

JOHNROBERTS

CHIEFJUSTICE

2005 - ????

(CONSERVATIVE)

(GEORGE W BUSH)

Understanding the CourtsThe Courts and Democracy

Courts are not very democratic.Not electedDifficult to remove judges and justices

The courts often reflect popular majorities.

Groups are likely to use the courts when other methods fail, which promotes pluralism.

There are still conflicting rulings leading to deadlock and inconsistency.

What Courts Should Do:The Scope of Judicial Power

Judicial restraint: judges should play a minimal policymaking role

Judicial activism: judges should make bold policy decisions and even chart new constitutional ground

Statutory construction: the judicial interpretation of an act of Congress

STRICT CONSTRUCTIONIST APPROACH

(THE LETTER OF THE LAW)V

ACTIVIST APPROACH OR LOOSE CONTRUCTIONALIST

APPROACH(THE SPIRIT OF THE LAW)(JUDICIAL LEGISLATION)

SummaryJudicial policymaking and implementation

occur in lower federal and state courts.

Many important questions are heard by the courts.Much decision making is limited by

precedent.

Even the unelected courts promote democratic values.

USSC DECIDES WHICH CASES TO HEARAPPEALATE JURISDICTION

FROM OTHER COURTS“THE RULE OF FOUR”

ORIGINAL JURISDICTION

ORAL ARGUMENTS

PRESENTED FOR SOME CASES

30 MINUTES FOR EACH SIDE

JUSTICES ASK QUESTIONS

AT ANYTIME

JUSTICES MEET IN SECRETDISCUSSVOTEOPINION ASSIGNED

OPINIONS ARE WRITTEN AND RELEASED

MAJORITYABOUT 1/3 ARE

UNANIMOUS

CONCURRING

DISSENTING

COURTS PLAY A LARGE ROLE IN PUBLIC POLICY

THE POWER OF JUDICIAL REVIEWCOURTS = MORE POWERFUL

INCREASED ROLE OF GOV’T COURTS = MORE POWERFUL

AP CH 14 - THE JUDICIARYIMPORTANT TERMS-SET 1- PART

AACTIVIST APPROACHAMICUS CURIAEAPPELLATE JURISDICTIONBLOC VOTINGCIVIL LAWCLASS-ACTION SUITCONSTITUTIONAL COURTCRIMINAL LAWDIVERSITY CASESDRED SCOTT v STANFORD

FEE SHIFTINGFRIDAY CONFERENCEJUDICIAL REVIEWPOLITICAL QUESTIONSENATORIAL COURTESYSOLICITOR GENERALSTANDINGSTRICT-CONSTRUCTIONALISTSTARE DECISISWRIT OF CERTIORARI

AP CH 14 - THE JUDICIARYIMPORTANT TERMS-SET 1- PART

B

AP CH 14 - THE JUDICIARYIMPORTANT TERMS-SET 2-PART

AACTIVIST APPROACH

(JUDICIAL)BRIEFCONCURRENT OPINIONCOURTS OF APPEALDISSENTING OPINIONDISTRICT COURTFEDERAL QUESTION CASES

IN FORMA PAIPERISLEGISLATIVE COURTLITMUS TESTOPINION OF THE COURTPER CURIAM OPINIONPLAINTIFFSOVEREIGN IMMUNITYSTRICT CONSTRUCTIONALIST

APPROACH

AP CH 14 - THE JUDICIARYIMPORTANT TERMS-SET 2-

PART B

AP CH 14 - THE JUDICIARYOBJECTIVES – PAGE 1

1-EXPLAIN WHAT JUDICIAL REVIEW IS, AND TRACE ITS ORIGIN IN THIS COUNTRY TO MARBURY v MADISON.

2-LIST AND COMMENT ON THE THREE ERAS OF VARYING SUPREME COURT INFLUENCES ON NATIONAL POLICY SINCE THE DAYS OF SLAVERY.

AP CH 14 - THE JUDICIARYOBJECTIVES – PAGE 2

3-EXPLAIN WHAT IS MEANT BY A DUAL COURT SYSTEM AND DESCRIBE THE EFFECTS IT HAS ON HOW CASES ARE HANDLED AND APPEALED.

4-LIST THE VARIOUS STEPS THAT CASES GO THROUGH TO BE APPEALED TO THE SUPREME COURT.

5-SHOULD THE SUPREME COURT BE “ACTIVIST” BY NATURE?

AP CH 14 - THE JUDICIARYQUESTIONS

1-WHAT HAS BEEN THE HISTORY OF THE COURT’S VIEW ON ECONOMIC REGULATION?

2-WHAT WAS ROOSEVELT COURT-PACKING PLAN? WHAT DOES IT SUGGEST ABOUT THE SUPREME COURT AND OTHER BRANCHES OF GOVERNMENT?

3-HOW WOULD YOU DESCRIBE THE CULTURE OF THE SUPREME COURT?

4-IS THE SUPREME COURT A POLITICAL INSTITUTION? SHOULD IT BE? EXPLAIN BOTH ANSWERS.

5-IS THE POWER OF THE JUDICIARY LIMITED BECAUSE THEY LACK THE POWER OF THE SWORD AND THE POWER OF THE PURSE?

6-WHAT ARE THE CHECKS ON THE POWER OF THE JUDICIARY BRANCH? ARE THEY EFFECTIVE?

AP CH 14 - THE JUDICIARYQUESTIONS (CON’T)