The CourtsThe Courts

• (1). Examine roles of the Constitution & Congress in creating the Federal Courts.(1). Examine roles of the Constitution & Congress in creating the Federal Courts.• (2). Discuss the (2). Discuss the structure structure of theof the Federal Court SystemFederal Court System at its various levels, including: at its various levels, including:

District Courts, Courts of AppealDistrict Courts, Courts of Appeal, and contrast, and contrast originaloriginal vs.vs. appellate jurisdictionappellate jurisdiction..• (3). Examine the origins of (3). Examine the origins of Judicial ReviewJudicial Review and the role of and the role of Marbury v. MadisonMarbury v. Madison..• (4). Contrast (4). Contrast judicial activismjudicial activism with with judicial restraintjudicial restraint, , and define and define stare decisisstare decisis..• (5). Discuss the various limitations placed on the Federal Courts.(5). Discuss the various limitations placed on the Federal Courts.• (6). Examine the characteristics of the (6). Examine the characteristics of the Supreme CourtSupreme Court and discuss its make up. and discuss its make up.• (7). Discuss the politics of selection, and explain how judges are (7). Discuss the politics of selection, and explain how judges are nominated & confirmednominated & confirmed..• (8). Discuss(8). Discuss the the judicial & ideologicaljudicial & ideological impact of Presidential appointments on the Court. impact of Presidential appointments on the Court. • (9). Explain the decision process used by the (9). Explain the decision process used by the Supreme CourtSupreme Court to determine cases, and to determine cases, and

define & explain: define & explain: Rule of four, amicus curiae, Rule of four, amicus curiae, andand stare decisis.stare decisis.• (10). Examine the different types of (10). Examine the different types of Supreme Court Supreme Court opinions, and contrast opinions, and contrast majority, majority,

concurring, concurring, andand dissenting opinion dissenting opinion, and explain how & why they are different., and explain how & why they are different.• (11). Analyze member voting patterns and discuss who usually wins before the Court.(11). Analyze member voting patterns and discuss who usually wins before the Court.• (12). Examine the role of the lower Federal Courts, and discuss the key role played by (12). Examine the role of the lower Federal Courts, and discuss the key role played by

the Senate during the nomination and confirmation process.the Senate during the nomination and confirmation process.• (13). Discuss the (13). Discuss the State Court system, State Court system, its diverse organizations, and its judicial selection its diverse organizations, and its judicial selection

The Federal CourtsThe Federal Courts• JudiciaryJudiciary: : The Third Branch of GovernmentThe Third Branch of Government

– Joint creation of the Constitution & CongressJoint creation of the Constitution & Congress– Courts established & abolished as required w/times (by who?)Courts established & abolished as required w/times (by who?)

The Constitution The Constitution and theand the Federal Courts Federal Courts

• Founders: Founders: independent court system crucial to successindependent court system crucial to success

• Article IIIArticle III::– “ “judicial power … vested in one supreme Court”judicial power … vested in one supreme Court”

– also lists Court’s also lists Court’s jurisdiction (Original vs. Appellate)jurisdiction (Original vs. Appellate)

• Article IIArticle II:: presidential appointment power => judges presidential appointment power => judges– With Senate’s “advice & consent” (vote to confirm?)With Senate’s “advice & consent” (vote to confirm?)

– Congressional Congressional impeachmentimpeachment andand removal removal powerpower

• Organization & structure (any blueprint details?)Organization & structure (any blueprint details?)– Details left to Details left to who? who? – –

– Congress (Congress (why?)*why?)*

– Article IIIArticle III fairly broad & directs Congress to fill in the detailsfairly broad & directs Congress to fill in the details

Congress and the Federal Courts Congress and the Federal Courts

• Judiciary Act of 1789Judiciary Act of 1789– Established Established Chief JusticeChief Justice & 5 associated justices & 5 associated justices

– Basic Basic levelslevels of of Federal Court SystemFederal Court System to consist of:to consist of: • Supreme CourtSupreme Court, , Circuit CourtsCircuit Courts, & , & District CourtsDistrict Courts

– Modified throughout US History=> (# of justices)Modified throughout US History=> (# of justices)

• Court of Appeals Act of 1891Court of Appeals Act of 1891– Supreme Court, Supreme Court, Appeals CourtsAppeals Courts,,*& District Courts**& District Courts*

• **number of Courts increased by Congress w/population +number of Courts increased by Congress w/population +

Congress and Federal Courts Congress and Federal Courts

• Type of Type of Federal CourtFederal Court depends on its source: depends on its source: – Those created or stemming from Those created or stemming from Article IIIArticle III => =>

• Referred to as: Referred to as: constitutional courtsconstitutional courts ( (or or Article III CourtsArticle III Courts))

• These Federal Court Judges appointed & These Federal Court Judges appointed & confirmed confirmed for lifefor life

• Federal Courts created by Congress Federal Courts created by Congress ((Article IArticle I) ) => => – legislative courtslegislative courts ((Article I CourtsArticle I Courts oror Tribunals)* Tribunals)*

– Judges for these courts serve Judges for these courts serve fixed termsfixed terms (14-15 years) (14-15 years)

ConstitutionalCourts

ConstitutionalCourts

• The three-tiered system of Federal District courts, Courts of Appeal (originally circuit courts), and the Supreme Court.

• Article III of the Constitution provides for the creation of these courts.

• Judges serve for life

LegislativeCourts

LegislativeCourts

• Various Administrative Courts and Tribunals that Congress establishes

• Created by Congress as need arises by power established in Article I of the Constitution.

• Judges serve fixed terms

Two Types of Two Types of Federal Court GroupsFederal Court Groups

Federal Court System (Federal Court System (Article IIIArticle III))Three Tier ConfigurationThree Tier Configuration

Supreme CourtSupreme Court

Courts of AppealsCourts of Appeals

Federal District CourtsFederal District Courts

Original Jurisdiction

Appellant Jurisdiction

(Both kinds*)

Federal Court System (Federal Court System (Article I CourtsArticle I Courts))AKA: AKA: Legislative CourtsLegislative Courts

Congress Establishes Other (Legislative) Courts

Tribunals

Appeals & othersAdministrative

US Federal Court SystemUS Federal Court System

Article III

Article III

Article III

Article I

Article I

Article III

VA Appeals

State Supreme Courts

Which Courts are ArticleIII & which are Article I?

US Circuit Courts

Federal Courts as Policy MakersFederal Courts as Policy Makers

• Judicial ReviewJudicial Review versus versus Judicial ActivismJudicial Activism– Courts role in Courts role in Policy MakingPolicy Making– Constitution’s Constitution’s broad outline => broad outline => open to interpretationopen to interpretation

• Evolution & status of Evolution & status of Supreme Court’s power Supreme Court’s power – Role of Role of precedence:precedence:– Article VIArticle VI and establishment of and establishment of National SupremacyNational Supremacy– Based on Court’s decision inBased on Court’s decision in McCulloch v. MarylandMcCulloch v. Maryland

• Marbury v. MadisonMarbury v. Madison & establishment of key & establishment of key precedenceprecedence– Key role of Key role of Chief Justice Chief Justice John MarshallJohn Marshall– Marshall’s decision established what key Court power?Marshall’s decision established what key Court power?

• Judicial ReviewJudicial Review* * (significance?) (significance?) – New power of the Court establishedNew power of the Court established – what power? – what power?– Court’s power to declareCourt’s power to declare laws laws unconstitutionalunconstitutional (Fig 14-3) (Fig 14-3)

Judicial ReviewJudicial Review

What happens when Judicial Review is taken to extreme?

JudicialActivismJudicialActivism

• Judicial review is the doctrine allowing the Supreme Court to review and overturn laws made by Congress and decisions made by the president.

• Judicial Activism is the vigorous use of judicial review to overturn laws and make public policy from the federal bench.

Laws Declared Unconstitutional Laws Declared Unconstitutional (1799-1998)(1799-1998)

Limitations on the Courts Limitations on the Courts

• Limitations constraining Limitations constraining Judicial ActionsJudicial Actions::– ReactiveReactive nature of the Courts nature of the Courts

– Inability to enforceInability to enforce Court rulings Court rulings (depends on who?)(depends on who?)

– Ability Of Ability Of Congress to pass newCongress to pass new laws laws (or modified)(or modified)• Or Or President President to to modify executive regulationsmodify executive regulations

– Public OpinionPublic Opinion (gradual impact) (gradual impact)

– Trend toward Trend toward moderate decisionsmoderate decisions (Figure 14-4)* (Figure 14-4)*• Narrow interpretationNarrow interpretation of the law the norm=> narrow rulings of the law the norm=> narrow rulings

• Court’s need to maintain Public’s perception of Court’s need to maintain Public’s perception of LegitimacyLegitimacy

• Avoid sweeping changes to Avoid sweeping changes to precedenceprecedence (O’Connor vs. Scalia) (O’Connor vs. Scalia)

Supreme Court as a Political InstitutionSupreme Court as a Political Institution

Who serves on the Court?Who serves on the Court?

The Characteristics of the Court

Different paths to taken the Supreme Court (Box 14-1)

Supreme Court Ideological DirectionSupreme Court Ideological Direction

Civil & Criminal Rights (Miranda)

Roe v. Wade

US Supreme CourtUS Supreme Court

• Role of the Role of the Chief Justice of the United States Chief Justice of the United States – Position vaguely described in Position vaguely described in Article I/Section 3’s referenceArticle I/Section 3’s reference

• (“When president is tried the Chief Justice shall preside…”(“When president is tried the Chief Justice shall preside…”

– Tradition: Tradition: first among equalsfirst among equals (but w/definite limits) (but w/definite limits)

– Presides over Court and Impeachment of PresidentPresides over Court and Impeachment of President

– PotentialPotential impact on Court’s direction impact on Court’s direction• Warren Court vs. Burger Court vs. Rehnquist Court vs. RobertsWarren Court vs. Burger Court vs. Rehnquist Court vs. Roberts

• Rewards for service:Rewards for service: – (Salary, Socio-economic status & prestige, job satisfaction)(Salary, Socio-economic status & prestige, job satisfaction)

• Length of Service (die or retire?)Length of Service (die or retire?)– Presidential legaciesPresidential legacies & impact on the Court => & impact on the Court => (Fig 14-5)*(Fig 14-5)*

– Lasting influence on future Court RulingsLasting influence on future Court Rulings

Presidential Impact on The Supreme CourtPresidential Impact on The Supreme Court

*

Politics of Nomination and Confirmation Politics of Nomination and Confirmation

• Inherently politically process – Inherently politically process – why?why?– Presidential legacyPresidential legacy => impact of choice long after confirmation => impact of choice long after confirmation

• Reasons for contested nominations:Reasons for contested nominations:– Perception of presidential weaknessPerception of presidential weakness– President’s party in minority in SenatePresident’s party in minority in Senate– Lack of credentials or weak character of nomineeLack of credentials or weak character of nominee– Legal views clash w/powerful members of Senate & IGsLegal views clash w/powerful members of Senate & IGs

• Robert Bork’s paper trail Robert Bork’s paper trail of controversial opinions at Harvardof controversial opinions at Harvard• Rejected by influential special interests of own party members (Miers)Rejected by influential special interests of own party members (Miers)

• Recent trends: increased blocking of nominationsRecent trends: increased blocking of nominations– Judicial philosophy Judicial philosophy “Litmus test”“Litmus test” on key moral issues on key moral issues– GOPGOP threat to change the Senate rules on confirmation debate threat to change the Senate rules on confirmation debate– ReasonReason: High stakes involved=> future make up of the Court (5/4): High stakes involved=> future make up of the Court (5/4)

• Future Court majority & its judicial philosophy=> Future Court majority & its judicial philosophy=> How the Court rulesHow the Court rules

Presidential Legacies on the Supreme Court Presidential Legacies on the Supreme Court

• President’s President’s theoretical impacttheoretical impact shown by shown by slide 18slide 18

• Voting consistency with President Voting consistency with President notnot guaranteed guaranteed

• Sometimes unexpected positions takenSometimes unexpected positions taken– O’Connor (Reagan) O’Connor (Reagan) on sex discrimination caseson sex discrimination cases

– David SouterDavid Souter ( (Bush IBush I appointment) votes routinely with Liberal side appointment) votes routinely with Liberal side

• Justices’ legal views may change over timeJustices’ legal views may change over time– Ike Ike appointedappointed Warren (Conservative CA Gov.) => Warren (Conservative CA Gov.) => but led but led very liberal courtvery liberal court

• Judicial & Ideological leanings Judicial & Ideological leanings of the of the RehnquistRehnquist Court: Court:

Stevens SouterGinsburg & Breyer

Thomas Roberts(CJ) Alito

Scalia

Kennedy

Result: Narrow Rulings Often 5 to 4 split

Decision Making at the Supreme CourtDecision Making at the Supreme Court• Hearing a Case:Hearing a Case:

– Writ of certiorariWrit of certiorari* * (cases actually granted appeal)(cases actually granted appeal)

– Role of law clerks (screen appealed cases for Role of law clerks (screen appealed cases for discuss listdiscuss list))

– The The Rule of FourRule of Four**

– Amicus curiaeAmicus curiae* * briefsbriefs

• Number of cases appealed to the Supreme Court:Number of cases appealed to the Supreme Court:

Compare with number actually heard by Supreme Court & lower courts

Appeals versus Cases HeardAppeals versus Cases Heard

Writ of Certiorari

A Supreme Court order for a lower court to send it the records

of a case–the first step in reviewing a lower

court case

Rule of Four

The Supreme Court rule that at least four justices must decide that a case merits a review before it

goes on the Court's schedule

Decision to Hear a Case- Decision to Hear a Case- Key TermsKey Terms

amicus curiae

Literally, friend of the court. A brief filed with the court by a person or group

who is not directly involved in the legal action but who has views on the

matter.

Factors Affecting Case- Factors Affecting Case- Key TermKey Term

Factors Affecting Court DecisionsFactors Affecting Court Decisions

• Individual Decision Making:Individual Decision Making:– The role of life experience The role of life experience (Justice O’Connor)(Justice O’Connor)

– The role of Precedence => The role of Precedence => stare decisisstare decisis**

*Doctrine that previousCourt Decision shouldbe allowed to stand –

Precedence

Supreme Court OpinionsSupreme Court OpinionsThreeThree Different Types?Different Types?

• Three different types of Court Decisions:Three different types of Court Decisions:

– majority opinionsmajority opinions

– concurring opinionsconcurring opinions– dissenting opinionsdissenting opinions

• Examine more closely*Examine more closely*

Majority Opinion Concurring Opinion Dissenting Opinion

The document announcing and usually explaining the Supreme

Court's decision in a case.

A statement from one or more Supreme Court justices agreeing with a decision in a case, but giving an alternative explanation for it.

A statement from one or more Supreme

Court justices explaining why they

disagree with a decision in a case.

Supreme Court OpinionsSupreme Court Opinions

Voting Patterns: Predictable positions of Supreme Court justices “5-4” Decisions & the role of Kennedy & O’Connor

Who Wins Before the Supreme Court?Who Wins Before the Supreme Court?

• Solicitor General’s Solicitor General’s track record (67%)track record (67%)– Experience & frequency before the CourtExperience & frequency before the Court

– Only strong cases only need applyOnly strong cases only need apply

• Court’s political independence (Court’s political independence (Nixon tapesNixon tapes))– Unanimous agreement to turnover tapesUnanimous agreement to turnover tapes

• Do rich do better than the poor before the Court?Do rich do better than the poor before the Court?– Deciding on the Deciding on the meritsmerits (Lower levels vs. top level) (Lower levels vs. top level)

The Lower Federal CourtsThe Lower Federal CourtsDistrict CourtsDistrict Courts

• Created by Congress (based onCreated by Congress (based on Article III) Article III)– Political appointment process Political appointment process (strong Congressional influence)(strong Congressional influence)

• District Courts District Courts (DC):(DC):– Purpose & focus: Purpose & focus: establish the facts of the caseestablish the facts of the case

– In most cases => decide fate (end of trial or appeals)In most cases => decide fate (end of trial or appeals)

– Most Most DC DC cases are cases are civil casescivil cases (80+%) (80+%) vs. vs. criminalcriminal (mostly state) (mostly state)• Statutory actions & Petitions from prisonersStatutory actions & Petitions from prisoners

• Civil rights complaints & Tax suitsCivil rights complaints & Tax suits

• Bankruptcies & Contract enforcement & Liability claimsBankruptcies & Contract enforcement & Liability claims

• Main Main DC DC job: job: Apply the lawApply the law as defined by Congress as defined by Congress

– Little flexibility (w/some limited opportunities)Little flexibility (w/some limited opportunities)

Courts of AppealCourts of Appeal

• Decide cases appealed fromDecide cases appealed from District courtsDistrict courts– Appellate JurisdictionAppellate Jurisdiction ( (aka:aka: Appellate CourtsAppellate Courts))

• FocusFocus: legal issues tried in district or state:: legal issues tried in district or state:– Determine if trial was fairDetermine if trial was fair

– Judge applied law correctlyJudge applied law correctly

– (Do (Do notnot determine facts of case => who does?) determine facts of case => who does?)• District CourtsDistrict Courts

• ResultResult: : Appellate CourtsAppellate Courts have more flexibility to have more flexibility to interpret & extendinterpret & extend law law

Nomination and ConfirmationNomination and ConfirmationNominees to Nominees to District & Appeals CourtsDistrict & Appeals Courts

• Also nominated by the President & confirmed by Also nominated by the President & confirmed by SenateSenate

• Senate has greater say at Senate has greater say at District & AppealDistrict & Appeal Court Court levelslevels– Role of Role of Senatorial CourtesySenatorial Courtesy

• Partisan politics alive & well in selection process Partisan politics alive & well in selection process – (Table 14-1)*(Table 14-1)* => => breakdown of breakdown of partisan politicspartisan politics– Note Reagan’s legacy => conservative outcomeNote Reagan’s legacy => conservative outcome

Partisan Politics of NominationsPartisan Politics of Nominations

State CourtsState Courts

• Get the majority of all cases heard (100M vs. 265K): Get the majority of all cases heard (100M vs. 265K): – States operate differently from Federal CourtsStates operate differently from Federal Courts

– Primary focus: criminal trialsPrimary focus: criminal trials

• States vary in organization from state to stateStates vary in organization from state to state– Also vary in selection of judges & term limits Also vary in selection of judges & term limits

• State CourtState Court Organization:Organization:– Broad range of variety of forms, structures, & namesBroad range of variety of forms, structures, & names

– All have Supreme Courts or courts of last resortAll have Supreme Courts or courts of last resort

– All vary in the extent they protect citizens’ rights All vary in the extent they protect citizens’ rights • Many go beyond US ConstitutionMany go beyond US Constitution

– Some act as legal Some act as legal ““path finderspath finders”” for nation for nation

Judicial Selection to State Courts Judicial Selection to State Courts

• Method of selection varies from state to stateMethod of selection varies from state to state• Model used follows own state (vice Federal) Model used follows own state (vice Federal) selection selection

model:model: – 1. State legislature chooses1. State legislature chooses– 2. Voters elect => both in partisan & non-partisan elections2. Voters elect => both in partisan & non-partisan elections– 3. Some in variations & combinations of above3. Some in variations & combinations of above

• Missouri PlanMissouri Plan – Appointment (Appointment (by Governorby Governor) & ) & election combinationelection combination– Appointed for 12 year term => Appointed for 12 year term => then must stand for reelectionthen must stand for reelection

• Merit SystemMerit System – Variation of Variation of Missouri PlanMissouri Plan– Goal: Goal: reduce partisan politicsreduce partisan politics

• Selection method used & its impact on Justice: Selection method used & its impact on Justice: unclearunclear

Length of Service for State JudgesLength of Service for State Judges

• Most state judges serve for fixed termsMost state judges serve for fixed terms• In contrast to Federal Judges: In contrast to Federal Judges: removal easier:removal easier:

– 1. Reelection defeat1. Reelection defeat– 2. Recall (by the voters)2. Recall (by the voters)– 3. Disciplinary commission action for wrong doing3. Disciplinary commission action for wrong doing

• Elected judges must raise campaign fundingElected judges must raise campaign funding– Results in a Results in a Trade off: Trade off:

• Judicial independence v. political Responsiveness*Judicial independence v. political Responsiveness*

• *Special interest*Special interest or at least perception of or at least perception of obligationobligation– (Especially to Trial Lawyers who contribute and present cases before them)(Especially to Trial Lawyers who contribute and present cases before them)

State LawsState Laws & their variance & their variance

• Laws & punishment vary state to state:Laws & punishment vary state to state:– Death penalty (38 versus 12 states)Death penalty (38 versus 12 states)

– Abortion rightsAbortion rights

– Social or Morality oriented laws (Nevada vs. NC)Social or Morality oriented laws (Nevada vs. NC)

– Gun control laws (Figure 14-7)*Gun control laws (Figure 14-7)*

• National uniformity & the National uniformity & the Bill of RightsBill of Rights– Supreme Court’s interpretation of US ConstitutionSupreme Court’s interpretation of US Constitution

– Apply “Apply “equal protection” equal protection” of liberties to allof liberties to all

– In other cases leave judicial In other cases leave judicial discretion to the Statesdiscretion to the States

States Allowing Concealed Weapons- 2005States Allowing Concealed Weapons- 2005

The Courts-The Courts- KEY TERMSKEY TERMS • Amicus curiaeAmicus curiae:: Literally, friend of the court. A person or group that files a Literally, friend of the court. A person or group that files a

legal brief in a case they are not directly involved in.legal brief in a case they are not directly involved in.• Concurring opinionConcurring opinion: : A statement from one or more Supreme Court justices A statement from one or more Supreme Court justices

agreeing w/decision in a case, but giving an alternative explanation for it.agreeing w/decision in a case, but giving an alternative explanation for it.• Constitutional courtsConstitutional courts:: The three-tiered system of federal district courts, courts The three-tiered system of federal district courts, courts

of appeal (originally circuit courts), and the Supreme Court. Article III of the of appeal (originally circuit courts), and the Supreme Court. Article III of the Constitution provides for the creation of these courts.Constitution provides for the creation of these courts.

• Dissenting opinionDissenting opinion:: A statement from one or more Supreme Court justices A statement from one or more Supreme Court justices explaining why they disagree with a decision in a case.explaining why they disagree with a decision in a case.

• Judicial activismJudicial activism:: The vigorous use of judicial review to overturn laws and The vigorous use of judicial review to overturn laws and make public policy from the federal bench.make public policy from the federal bench.

• Judicial reviewJudicial review:: The doctrine allowing the Supreme Court to review and The doctrine allowing the Supreme Court to review and overturn decisions made by Congress and the president.overturn decisions made by Congress and the president.

• Legislative courtsLegislative courts:: Various administrative courts and tribunals that Congress Various administrative courts and tribunals that Congress establishes, as Article I of the Constitution provides.establishes, as Article I of the Constitution provides.

The Courts-The Courts- KEY TERMS KEY TERMS • Majority opinionMajority opinion:: The document announcing and usually explaining the The document announcing and usually explaining the

Supreme Court’s decision in a case.Supreme Court’s decision in a case.• Marbury v. MadisonMarbury v. Madison:: The Supreme Court decision in 1803 that established The Supreme Court decision in 1803 that established

the principle of judicial review.the principle of judicial review.• Missouri Plan/Merit SystemMissouri Plan/Merit System:: The system some states use to select judges, The system some states use to select judges,

appointing them but requiring them to stand for periodic reelection.appointing them but requiring them to stand for periodic reelection.• Rule of FourRule of Four:: The Supreme Court rule that at least four justices must decide The Supreme Court rule that at least four justices must decide

that a case merits a review before it goes on the Court’s schedule.that a case merits a review before it goes on the Court’s schedule.• Senatorial courtesySenatorial courtesy:: The practice a president follows in choosing a nominee The practice a president follows in choosing a nominee

for a district or appeals court judgeship. The president selects a nominee from a for a district or appeals court judgeship. The president selects a nominee from a list supplied by the senator of the president’s party from the state or region list supplied by the senator of the president’s party from the state or region where the vacancy occurs.where the vacancy occurs.

• Stare decisisStare decisis:: The doctrine that previous Supreme Court decisions should be The doctrine that previous Supreme Court decisions should be allowed to stand.allowed to stand.

• Writ of certiorariWrit of certiorari:: A Supreme Court order for a lower court to send it the A Supreme Court order for a lower court to send it the records of a case—the first step in reviewing a lower court case.records of a case—the first step in reviewing a lower court case.