The Federal Judiciary

AP US Government & Politics

Ch 16

Major Themes of the Judicial Branch

• The Judicial Branch was intended to be the weakest

• Judicial review is inferred (assumed?)• A major issue is judicial restraint v. judicial

activism• To what degree are the courts affected by politics?• Are the courts anti-democratic or are they

necessary to protect minority rights?

The Nature of the Judicial System

• Introduction:– Two types of cases:

• Criminal Law: The government charges an individual with violating one or more specific laws.

• Civil Law: The court resolves a dispute between two parties and defines the relationship between them.

– Most cases are tried and resolved in state courts, not federal courts.

Which are civil cases? Crimes?

1 Bob hits Mary’s car in a parking lot.

2 Ted and Thelma spray paint a picture and their initials on part of their high school building on a Friday night.

3 Simon lets his dog off leash and it bites Mr. Jones.

4 The principal suspends Tom from school for two days because of an article he wrote for the student paper criticizing the school dress code.

5 Jill is turned down when she applies for a job. She thinks she was rejected because she is deaf.

6 Tiffany breaks into a Phil’s truck and takes his laptop and iPod.

Jurisdiction

• Original jurisdiction: where the case is heard first, usually in a trial.

• Appellate jurisdiction: cases brought on appeal from a lower court.

Standing to Sue

• You can’t sue the government unless you have “standing”– There must be a real controversy

– Personal harm must be demonstrated.

• Being a taxpayer isn’t usually enough to sue the federal government

• Standing is relaxed when the First Amendment is involved.

The Nature of the Judicial System

• Participants in the Judicial System– Litigants

• Plaintiff - the party bringing the charge

• Defendant - the party being charged

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

• Justiciable disputes – A case must be capable of being settled as a matter of law.

Structure of the Federal Courts

• District Courts: the entry point for most litigation in federal courts; trial courts.

• Circuit Courts of Appeal: review all final decisions of district courts, with the authority to review and enforce orders of regulatory agencies.

• Supreme Court: sets its own agenda.

Federal Court Structure

• US Supreme Court (court of last resort; hears very few cases)

• Circuit Courts of Appeal (first court of appeal)

• US District Court (entry level trial court)

Federal Court Structure

13 Circuit Courts of Appeal

State or Federal Court?

• 95% of court actions take place in state courts

• They involve state laws that regulate social and moral requirements

• These include crimes (murder, rape, theft, etc.) and civil disputes

Federal Cases

1. Federal question cases: involving the U.S. Constitution, federal law, or treaties.

2. Diversity cases: involving different states, or citizens of different states (over the amount of $75,000).

Federal Cases

• Some cases that begin in state courts can be appealed to the US Supreme Court.– If they involve a federal question, for instance,

a civil liberty or right

• Controversies between two state governments can only be heard by the Supreme Court.

Hypothetical #1

Bill is hit by a drunk driver who runs a red light. This causes him significant injury for which he seeks a remedy.

State Court

Hypothetical #2

• Sarah is kidnapped in Oregon and held captive in a warehouse in Idaho. The FBI rescues her and the kidnapper is arrested and charged.

• Federal Court

Hypothetical #3

The principal of NeahKanie High School orders teachers to search the lockers of all their homeroom students in search of tobacco products. A pack of cigarettes is found in Joe’s locker and he is suspended and misses the homecoming dance. He feels his rights were violated.

Either court depending on strategic considerations

The US Supreme Court

• The Court of final resort in US for all cases• Has both original (very limited) and appellate

jurisdiction• Consists of 9 justices appointed by the President

and confirmed by Senate for life term• They take around 100 cases per year (1-2% of

those requested)• They make $208,100 per year; Chief Justice earns

$217,400 per year

Current Court

Supreme Court: Writs of Certiorari

• Writ of cert is issued when SC agrees to hear a case from lower court

• Requires agreement of four justices to hear the case (Rule of 4)– Involves significant federal or constitutional

question– Involves conflicting decisions by circuit courts– Involves Constitutional interpretation by one of

the highest state courts

Activity: Granting Cert

1 Read the background information about granting Cert

2 Read the cases

3 Decide if the Court will take the case (grant it cert) or not

4 Explain why it will / not be taken based on the criteria you researched (not your opinion about the case)

The Supreme Court in Action

• Most cases arrive through a writ of certiorari.

• Lawyers then submit briefs that set forth the facts of the case, summarizes the lower court decision, gives the argument of that side of the case, and discusses other issues.

• Oral arguments are given by lawyers after briefs are submitted (limited to 30 minutes)

Kinds of Court Opinions

• Per curiam: brief and unsigned

• Opinion of the court: majority opinion

• Concurring opinion: agrees with the ruling of the majority opinion, but modifies the supportive reasoning

• Dissenting opinion: minority opinion

Judicial Review

• The right of the federal courts to rule on the constitutionality of laws and executive actions.

• It is the chief judicial weapon in the checks and balances system.

• Marbury v. Madison (1803): – Judicial review used for first time; – The Supreme Court could declare a congressional

act unconstitutional.

National Supremacy

• Early on key decisions established the supremacy of the national government

• McCulloch v. Maryland (1819): – Interpreted power of the national government

broadly—upheld the use of implied powers by Congress

– Federal law is supreme over state law.– Establishes SC as umpire for disputes between

states and national gov’t

Selecting Federal Judges

• Presidents appoint ALL federal judges (including SC Justices, Circuit and District Court judges)

• Federal judges are appointed for a life term

• Appointments require Senate approval

• Impeachment is only way to remove

Senatorial Courtesy

• Party background has a strong effect on judicial behavior.

• Senatorial Courtesy is a custom not written in the Constitution

• President’s reviews his appointees for federal courts with senators from that state, if the senators are of the president’s party (particularly for U.S. district courts).

Selecting Judges

• Presidents seek judicial appointees who share their political ideologies.

• This raises concerns that ideological tests are too dominant, and has caused delays in securing Senate confirmations.

Activity Debrief

1 Who is the best candidate for the job? Why?

2 Who would President Obama most likely select? Why?

3 What problems/challenges would each potential candidate face in getting confirmed? Explain.

Judicial Restraint

• Sometimes called strict construction—limited interpretation of constitution

• Judicial restraint: Belief that judges are bound by the wording of the Constitution;

• Judges are NOT policy-makers; • Their rulings should not suggest legal remedies

(laws).

Judicial Activism

• Judicial activism: Judges should apply the underlying principles of the Constitution to current problems;

• This can result in new policy—usually reserved for Congress

• Today: most activists tend to be liberal, most strict constructionists tend to be conservative.

Arguments FOR Judicial Activism

• Courts should correct injustices when other branches or state governments refuse to do so.

• Courts are the last resort for those without the power or influence to gain new laws.

Arguments Against Judicial Activism

• Judges lack the necessary knowledge and experience to make good policy.– Legally required fixes cost money and affect

other branches and policy already in place.

• Courts are not accountable because judges are not elected.

Checks on Judicial Power

• Judges have no ability to enforce their rulings• Confirmation and impeachment proceedings

limit extremists• Congress can change the number of judges• Congress can rewrite laws• Can amend the Constitution• Congress can alter jurisdictions

Public Opinion and the Courts

• Ignoring or defying public opinion may be dangerous to the legitimacy of the Supreme Court.

• Appointment process and life terms insulate justices from public opinion.

• Impeachment and lack of enforcement powers mean justices are not completely isolated from public opinion.

Quick Write Paragraph

Write a ONE paragraph response to the following prompt:

• Many believe that federal judges (including Supreme Court justices) are “above” politics / immune to political pressure. Do you agree? Explain your reasoning.– Consider and address these terms: appointment,

life term, impeachment & lack of enforcement powers