Post on 27-Jan-2015
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Judiciary
The Constitution Vague in regards to the courts
• Only the Supreme Court is mentioned
• “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”
How did we get federal courts?
Basic Structure District Courts Appellate Courts Supreme Court
Specialty Court “Legislative Courts”
Highly specialized• US Claims Court• US Court of International Trade• US Court of Military Appeals
District Courts 94 Total Only federal court with a jury Original jurisdiction Criminal and Civil Cases
• ~80% are civil cases
Codes Civil
Criminal
• What is the difference?
Civil Law
Copyright 2006 Prentice Hall
http://www.bailii.org/ew/cases/EWHC/QB/2010/924.html
Criminal Law
http://news.bbc.co.uk/2/hi/americas/1147246.stm
Circuit Court of Appeals Jurisdiction?
Question of legality, not fact
3-Judge panel receives briefs, hears oral arguments
Decision usually binding
Appellate CourtsThe 11 Numbered U.S. Circuit Courts of Appeals
Procedures Panel reviews evidence
Decisions lead to precedent• A judicial decision that serves as a rule for
settling subsequent cases of a similar nature
Stare Decisis
“stand by decisions”
The foundation of our legal system
Allows citizens to know what is expected, without a law for every possible activity
Supreme Court
United States Supreme Court
The Supreme Court is the final arbitrator for matters concerning federal laws and the U.S.
Constitution
Supreme Court Currently 9 Justices
• Set by Congress• 8 Associate Justices, 1 Chief Justice
Jurisdiction Congress determines appellate
jurisdiction
Once forced by law to review all necessary cases
27 million criminal and civil cases per year in US; Supreme Court hears ~80
Writ of Certiorari “Certs” for short
• An order from the Court to lower courts demanding they send a case’s records
• The court has agreed to CONSIDER the case• 8000-9000 cert petitions per year
Granting a Cert “Rule of Four”
• 4 Justices must rule in favor of a cert• If denied, the lower court’s ruling stands• More likely to be granted if 2 lower courts
have reached opposite conclusions
After the Cert Legal briefs are invited and
submitted
Amicus Curiae• “friends of the court”
Plenary Session• Open to the public
Plenary Session All 9 Justices Present Oral arguments (30 min. each side) Justice William O. Douglas
• “This lawyer was done twenty minutes ago, but he didn’t know it.”
Deliberation Justices discuss the case Closed doors Each side states position Position is not final until it is made
public
Written Opinion “Majority Opinion” or “Opinion of the
Court”
• Gives legal reasoning for the decision• Senior Member or Chief Justice assigns a
member to write
Concurring Opinion Provides an alternative legal
reasoning, even if a Justice voted in the majority
Sometimes all will write their own opinion
Dissenting Opinion The Reasoning of the Minority
Remanding Decision sent to the lower court
The lower court carries out the decision
Eligibility Nominated by the President Confirmed by the Senate Qualifications
• Constitution is vague
Hold office “during good behavior”Retirement, death, impeachment
Politics Politics often influences nomination
and confirmation• Harriet Miers
The Constitutional Court Article III
• Nothing on qualifications• Vague on Powers• Vague on Duties
• Judicial Review is implicit
Judicial Review The power of the Court to rule on the
constitutionality of state, federal, and executive actions
THE role of the Court
Was this intended???
Judicial Review??? Jefferson & Madison
• Congress and the President knew the intent of their laws; they should decide
Hamilton• Judicial Review needed as a check• Do not assume leaders will act
constitutionally• Judiciary free from political, popular
pressures; know the document best
Marbury v. Madison (1803) THE MOST IMPORTANT SUPREME
COURT DECISION
EVER!
Background Adams loses to Jefferson in election
of 1800
Federalists also lose both Houses
Federalists stacked the courts
Appointments were never delivered
Jefferson takes Over Finds appointments, refuses to
deliver commissions
William Marbury, a would-be appointee, sues
Requested a Writ of Mandamus
Writ of Mandamus A court order compelling a public
official to act
Marshall Was Secretary of State under
President Adams
Was now the Chief Justice under Jefferson
James Madison was the current Secretary of State
Marshall’s Dilemma The Court would surely favor Marbury
• What if Madison refused to comply?
• Court would have impotence precedent
• If it favored Madison, it would be disregarding the law
Marshall’s Solution Sided with Jefferson/Madison
• Marbury was entitled to his commission• Madison broke the law in not delivering
How pro-Jefferson?• The court ruled Writs of Mandamus violated
the Constitution• Had no power to compel Madison, and did
not have jurisdiction on the case
Reasoning Marbury was entitled to his
commission
Court did not have power to issue a Writ of Mandamus to the Secretary of State
The Court Wins Court seen as benevolent Judicial Review is established
Judicial Review Not used often ~100 times total Over 1000 local and states laws have
been overturned
Democratic? The Court is not accountable to the
people, but can void the actions of those who are
Acts as a check for minority rights
Federal Judges’ Protected Tenure
Federal judges can only be removed from office by impeachment by Congress if they commit a crime
How does this lack of accountability shape their decisions?
Judicial Selection in the States
1.Partisan elections2.Nonpartisan elections
3.Merit selection4.Gubernatorial or legislative appointment