CHAPTER 16

THE JUDICIAL SYSTEM

Roots of the Federal Judiciary

Constitution creates high Court

Congress establishes others

Judges have life tenure with good

behavior

Constitution is silent on judicial

review

DUAL COURT SYSTEMFEDERAL AND STATESSUPREME COURT LINKS BOTHSUPREME COURT RULES OVER BOTH

CH 18 SUM

THE COURT’S “REAL” POWER

JUDICIAL REVIEW

MARBURY V MADISON (1803)

CH 18 SUM

INFERIOR CONSTITUTIONAL COURTS

• DISTRICT COURTS

• COURT OF APPEALS

• COURT OF APPEALS FOR THE

FEDERAL CIRCUIT

CH 18 SUM

SPECIAL (LEGISLATIVE) COURTS

• U.S. CLAIMS

• TERRITORIAL

• DISTRICT OF COLUMBIA

• MILITARY APPEALS

• TAX COURT

CH 18 SUM

THE U.S. SUPREME COURT9 MEMBERS

(NOT SET BY CONSTITUTION)TERM OF OFFICE = LIFE

RELEASE OPINIONSMAJORITYCONCURRINGDISSENTING

CH 18 SUM

THEMIS

BLIND JUSTICE

SCALES&

SWORD

THE U.S. SUPREME COURT BUILDING

LOCATION OF THEU.S. SUPREME COURT

BUILDING

• Chief Justice – John Roberts

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

2012 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: Government charges an individual

Civil Law:Dispute between two individuals

Most cases tried/resolved in state courts

Participants in the Judicial System

LitigantsPlaintiff—the party bringing the charge

Defendant—the party being charged

Jury—people deciding the case

Supreme Court salaries (2014)Justices $213,900, Chief Justice $223,500

Back

The Structure of the Federal Judicial System

District Courts (91 federal courts)Original Jurisdiction (Trial Court)

Case Jurisdiction Federal crimesCivil suits under federal law and across state lines

Supervise bankruptcy and naturalization

Review some federal agenciesAdmiralty and maritime law casesSupervision of naturalization of aliens

12 Courts of AppealAppellate Jurisdiction

Reviews legal issues in cases from lower courtsHold no trials and hear no testimony

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

Both focus on errors of procedure and law

The Supreme CourtEnsures uniformity in interpreting

national lawsResolves conflicts among statesMaintains national supremacy in law

Some original jurisdiction,but mostly appellate jurisdiction

SELECTING FEDERAL JUDGES

Presidents nominates, Senate Confirms.

Use of senatorial courtesy.

Competence, use of ABA ratings.

Ideology or policy preferences.

Needs political support.

Religion, race, ethnicity, and gender.

CONFIRMATION IS A POLITICAL PROCESS

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

Majority Opinion‘Winning’ side and legal arguments.

Dissenting opinions Written by justices who oppose the majority.

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

The Courts as Policymakers

Judicial implementation

Courts ‘weakest link”

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

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

JOHNMARSHAL

L

4TH

CHIEFJUSTICE OF THE

U.S.SUPREME

COURT(1801-1835)

EARLWARREN

CHIEFJUSTICE

1953-1969

(LIBERAL)(NIXON)

WILLIAMREHNQUIS

T

CHIEFJUSTICE

1986-2005

(CONSERVATIVE)

(REAGAN)

JOHNROBERTS

CHIEFJUSTICE

2005 - ????

(CONSERVATIVE)

(GEORGE W BUSH)

Understanding the Courts

The Courts and Democracy

Courts are not very democratic.Not elected

The courts don’t always reflect popular majorities.

Conflicting rulings lead 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 be just, even if charting new constitutional ground

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.

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)

1862-1937 ERAGOV’T - ECONOMY RELATIONSHIP

FOR PRIVATE PROPERTY RIGHTS

LAISSEZ-FAIRE CAPITALISMFOR STATE REGULATION

RIGHTS

1938-2000PROTECTION OF PERSONAL LIBERTIES

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

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)