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