Do you ever have one of those days Do you ever have one of those days when everything seems when everything seems unconstitutional?"unconstitutional?" ""

The Federal CourtsThe Federal Courts

Chapter 16Chapter 16

The Nature of the Judicial The Nature of the Judicial SystemSystem

Two court systems – state courts, Two court systems – state courts, federal courtsfederal courts

Two types of cases:Two types of cases: Criminal Law: government charges an Criminal Law: government charges an

individual with violating one or more specific individual with violating one or more specific lawslaws

Civil Law: court resolves a dispute between Civil Law: court resolves a dispute between two parties two parties

ParticipantsParticipants

LitigantsLitigantsPlaintiff / Prosecutor - the party Plaintiff / Prosecutor - the party bringing the chargebringing the charge

Defendant - the party being Defendant - the party being chargedcharged

Jury - the people (normally 12) Jury - the people (normally 12) who often decide the outcome of who often decide the outcome of a casea case

ParticipantsParticipants

GroupsGroupsUse the courts to try to change Use the courts to try to change policies.policies.

Amicus CuriaeAmicus Curiae briefs (“friend of briefs (“friend of the court”) –written argument the court”) –written argument filed on behalf of one party in a filed on behalf of one party in a case; used to influence the case; used to influence the courts.courts.

AttorneysAttorneys

Figure 16.1

The Structure of the Federal The Structure of the Federal Judicial SystemJudicial System

Federal Court SystemFederal Court System

Step 1 – DISTRICT COURTSStep 1 – DISTRICT COURTS 94 US Dist. – Hear 342,000 cases/yr94 US Dist. – Hear 342,000 cases/yr Trial by jury (only federal court with jury)Trial by jury (only federal court with jury)

Step 2 – APPEAL (CIRCUIT) COURTSStep 2 – APPEAL (CIRCUIT) COURTS 12 Courts of Appeal – Hear 61,000 12 Courts of Appeal – Hear 61,000

cases/yrcases/yr Panel of 3 judges, sometimes morePanel of 3 judges, sometimes more No cases start here, review district court No cases start here, review district court

decisionsdecisions

The Structure of the Federal Judicial The Structure of the Federal Judicial System – Federal District CourtsSystem – Federal District Courts

http://upload.wikimedia.org/wikipedia/commons/thumb/d/df/US_Court_of_Appeals_and_District_Court_map.svg/2000px-US_Court_of_Appeals_and_District_Court_map.svg.png

The Structure of the Federal The Structure of the Federal Judicial SystemJudicial System

The Federal Judicial Circuits (Figure 16.2)The Federal Judicial Circuits (Figure 16.2)

Federal Court SystemFederal Court System

Step 3 – US Supreme CourtStep 3 – US Supreme Court 2010 – hear less than 1% of cases2010 – hear less than 1% of cases Hear appeals – Hear appeals – writ of certiorariwrit of certiorari Rule of 4 – 4 justices needed to agree to Rule of 4 – 4 justices needed to agree to

hear a casehear a case

Chief Justice John Roberts

The Structure of the Federal The Structure of the Federal Judicial SystemJudicial System

The Supreme CourtThe Supreme Court 9 justices – 1 Chief Justice, 8 Associate 9 justices – 1 Chief Justice, 8 Associate

JusticesJustices Supreme Court decides which cases it Supreme Court decides which cases it

will hearwill hear Some original jurisdiction, but mostly Some original jurisdiction, but mostly

appellate jurisdiction.appellate jurisdiction. Two routes – State Supreme Court or Two routes – State Supreme Court or

Federal Courts --Most cases come from Federal Courts --Most cases come from the federal courtsthe federal courts

Types of OpinionsTypes of Opinions

When an opinion is written (a When an opinion is written (a decision), it often takes months and decision), it often takes months and many draftsmany drafts Majority Opinion – justices in the Majority Opinion – justices in the

majority must draft an opinion setting majority must draft an opinion setting out the reasons for their decisionout the reasons for their decision

Concurring Opinion – justices who agree Concurring Opinion – justices who agree for other reasons can give their opinionfor other reasons can give their opinion

Dissenting Opinion – justices who Dissenting Opinion – justices who disagree with the opinion write their disagree with the opinion write their sideside

Figure 16.5

The Courts as PolicymakersThe Courts as Policymakers Making DecisionsMaking Decisions

Oral arguments may be made in a case.Oral arguments may be made in a case. Justices discuss the case.Justices discuss the case. One justice will write the majority opinion One justice will write the majority opinion

(statement of legal reasoning behind a judicial (statement of legal reasoning behind a judicial decision) on the case.decision) on the case.

Oral arguments –Oral arguments –http://www.oyez.org/cases/2000-2009/2006/2006_06_278/argument

The Courts as PolicymakersThe Courts as Policymakers

Making Decisions, continuedMaking Decisions, continued Stare decisisStare decisis: to let the previous : to let the previous

decision stand unchanged.decision stand unchanged. Precedents: How similar past cases Precedents: How similar past cases

were decided.were decided. Original Intent: The idea that the Original Intent: The idea that the

Constitution should be viewed Constitution should be viewed according to the original intent of the according to the original intent of the framersframers

The Courts and the Policy The Courts and the Policy AgendaAgenda

A Historical ReviewA Historical Review John Marshall and the Growth of Judicial ReviewJohn Marshall and the Growth of Judicial Review

Marbury v. MadisonMarbury v. Madison Judicial review: courts determine constitutionality of Judicial review: courts determine constitutionality of

acts of Congressacts of Congress The Warren Court, The Burger Court – civil The Warren Court, The Burger Court – civil

rights & civil libertiesrights & civil liberties The Rehnquist Court – conservative; state The Rehnquist Court – conservative; state

authority; new federalismauthority; new federalism

ImplementationImplementation

““John Marshall has rendered his John Marshall has rendered his decision; now let him enforce it!” – decision; now let him enforce it!” – Andrew JacksonAndrew Jackson

““All deliberate speed” – Chief Earl All deliberate speed” – Chief Earl WarrenWarren 10 years after Brown only 1% of 10 years after Brown only 1% of

Southern schools were desegregatedSouthern schools were desegregated Court must rely on branches, states, Court must rely on branches, states,

and officials to enforce its rulingand officials to enforce its ruling

Public Influence on JusticesPublic Influence on Justices

Justices are NOT elected, appointed by PrezJustices are NOT elected, appointed by Prez However, not entirely immune to public However, not entirely immune to public

opinionopinion

1.1. Appointed by Prez, agree with his Appointed by Prez, agree with his ideologies, Prez was electedideologies, Prez was elected

2.2. Justices are aware of public opinion, and Justices are aware of public opinion, and are aware that decisions that are radically are aware that decisions that are radically against public opinion will not be against public opinion will not be implementedimplemented

AppointmentAppointment

President appoints judges for ALL President appoints judges for ALL federal court vacanciesfederal court vacancies

Senate must confirm all nominations Senate must confirm all nominations by majority vote (Advice and by majority vote (Advice and consent)consent)

Senatorial courtesySenatorial courtesy – tradition – tradition started by G.Washington to seek started by G.Washington to seek approval from local senators over approval from local senators over locally appointed judges -- Federal locally appointed judges -- Federal District & Circuit Courts only, not SCDistrict & Circuit Courts only, not SC

Checks on the Supreme CourtChecks on the Supreme Court President appoints all justicesPresident appoints all justices Public opinionPublic opinion Congress must confirm appointmentsCongress must confirm appointments Congress may alter the structure of the Congress may alter the structure of the

court system (# of courts and justices)court system (# of courts and justices) Congress has the power to impeach Congress has the power to impeach

judgesjudges Congress may amend the Constitution Congress may amend the Constitution

if the Courts find a law unconstitutionalif the Courts find a law unconstitutional Ex. Income tax originally found Ex. Income tax originally found

unconstitutional so Congress added 16unconstitutional so Congress added 16thth amendmentamendment

Judicial and Political PhilosophyJudicial and Political Philosophy

Liberal

Leans to the left on public policy and would vote Democrat

Conservative

Leans to the right on public policy and would vote Republican

Judicial Activism (Miranda v. Arizona)

Judges should interpret law loosely, using their power to promote their preferred political and social goals. Judges are said to be activists when they are likely to interject their own values in court decision; loose constructionism

Judicial Restraint (Schenck v. U.S.)

Legislators, not judges, should make the laws. Judges are said to exercise judicial restraint when they rule closely to statutes and previous cases when reaching their decisions. They follow the “original intent” of the framers; strict constructionism

Freedom Order

Equality

Freedom