The Federal The Federal JudiciaryJudiciary

The Structure of the The Structure of the Federal Judicial SystemFederal Judicial System

Important Terms…Important Terms… Attorney GeneralAttorney General Solicitor GeneralSolicitor General En BankEn Bank- all judges will hear a case rather - all judges will hear a case rather

than a panel. Used for complex or significant than a panel. Used for complex or significant cases where it is of significance to the public. cases where it is of significance to the public.

LitigantsLitigants PlaintiffPlaintiff DefendantDefendant ““standing” to sue- who is authorized to start a standing” to sue- who is authorized to start a

lawsuitlawsuit Habeas corpus- Habeas corpus- an arrested person must be an arrested person must be

informed of charges against them.informed of charges against them.

The Supreme CourtThe Supreme Court

Judicial Review…Judicial Review… Marbury v. Madison. Marbury v. Madison. Gave the Supreme Gave the Supreme

Court what power?Court what power?

Reviews Constitutionality of:Reviews Constitutionality of: StateState and and federalfederal legislation legislation Actions of chief Actions of chief executivesexecutives Decisions of other courtsDecisions of other courts

*The Courts generally have tried to avoid *The Courts generally have tried to avoid deciding conflicts between deciding conflicts between CongressCongress and and the the PresidentPresident. (called “political questions”)*. (called “political questions”)*

Factors That Influence Factors That Influence Supreme Court NominationsSupreme Court NominationsFactors That Influence Factors That Influence Supreme Court NominationsSupreme Court Nominations

The U.S. Constitution The U.S. Constitution and the Appointment of Supreme and the Appointment of Supreme

Court JusticesCourt Justices

Article II, Section 2 describes the appointment powers of the President:

“He shall have Power, by and with the Advice and Consent of the Senate …

to… nominate Judges of the Supreme Court….”

The U.S. Constitution The U.S. Constitution and the Supreme Courtand the Supreme Court

Article III describes the judicial power of the Supreme Court:

“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress May …establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior…”

What does this cartoon tell us about factors considered in the nomination/confirmation process…..

Factors That Influence Factors That Influence Supreme Court Supreme Court NominationsNominations

Party Party affiliationaffiliation (80% (80% or higher)or higher)

Judicial PhilosophyJudicial Philosophy ““LitmusLitmus TestTest” - where ” - where

nominees stand on nominees stand on controversial issues controversial issues like abortionlike abortion

BackgroundBackground of of nominee (education, nominee (education, experience, race, experience, race, gender, ethnicity, etc.)gender, ethnicity, etc.)

Political favorsPolitical favors Interest group inputInterest group input American Bar American Bar

Association Association certificationcertification

Securing a “Securing a “safesafe” ” nomineenominee

The Constitution & the Supreme The Constitution & the Supreme Court:Court:

Questions for DiscussionQuestions for Discussion

The Constitution & the Supreme The Constitution & the Supreme Court:Court:

Questions for DiscussionQuestions for Discussion1. Identify the constitutional requirements for

appointing Supreme Court Justices.

2. Discuss the purpose and significance of federal judges servings life terms.

3. How do these constitutional provisions promote checks and balances of the three branches of the federal government?

1. Identify the constitutional requirements for appointing Supreme Court Justices.

2. Discuss the purpose and significance of federal judges servings life terms.

3. How do these constitutional provisions promote checks and balances of the three branches of the federal government?

U.S. Supreme Court Confirmation ProcessU.S. Supreme Court Confirmation ProcessStage 1: Presidential

Nomination

Stage 2: Senate Judiciary Committee Hearing

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TIFF (Uncompressed) decompressorare needed to see this picture.

Stage 3: Full Senate Vote

WHITE HOUSEREVIEW

Certification

MEDIAInfluence

FBIInvestigation

Q ui ckTi me™ and aTI FF (Uncompressed) decompressorare needed to see thi s pi cture.

INTERESTGROUPInfluence

Stage 4: Oath of Office?

I will take this case all the way to the Supreme

Court …• Writ of Certiorari (i.e."Rule of

Four”)– Annual docket = 8,000 cases

• Fewer than 100 heard or reviewed• $300 filing fee

– In forma pauperis= right to be heard at no expense.

– Often, interest groups will foot the bill.

• Quorum = 6

Impact of Rulings

When making their decisions, SC justices consider the following:

1. Stare Decisis or precedent... “let the decision stand”. Why important?

1. Stability2. Legitimacy3. Equality

2. Personal Ideology (Activism vs. Restraint?)

3. Public Opinion See following slides for 2 & 3

Judicial Activism vs. Judicial RestraintJudicial Activism vs. Judicial Restraint

Judicial Activism The tendency of

judges to interpret the Constitution according to their own views

Judges should discover general principles underlying the Constitution, amplify them, and apply them to cases.

Judicial Activism The tendency of

judges to interpret the Constitution according to their own views

Judges should discover general principles underlying the Constitution, amplify them, and apply them to cases.

Judicial Activism vs. Judicial RestraintJudicial Activism vs. Judicial Restraint

Judicial Activism The tendency of

judges to interpret the Constitution according to their own views

Judges should discover general principles underlying the Constitution, amplify them, and apply them to cases.

Judicial Activism The tendency of

judges to interpret the Constitution according to their own views

Judges should discover general principles underlying the Constitution, amplify them, and apply them to cases.

Judicial Restraint Those who believe

that the Supreme Court in its rulings should defer to the elective institutions of government

Belief that judges should only judge; i.e. confine themselves to applying rules clearly stated in the language of the Constitution.

Judicial Restraint Those who believe

that the Supreme Court in its rulings should defer to the elective institutions of government

Belief that judges should only judge; i.e. confine themselves to applying rules clearly stated in the language of the Constitution.

Activity: Activism or Restraint?Activity: Activism or Restraint?1. Justice Harry Blackmun in dissenting opinion in

Furman v. Georgia (1972) (voided the death penalty) stated, "Cases such as these provide for me an excruciating agony of the spirit I yield to no one in the depth of my distaste antipathy and indeed abhorrence, for the death penalty. were I a legislator I would vote against the death penalty. . I do not sit, however as a legislator... our task here .. . is to vote pass on constitutionality of legislation that has been enacted and that is challenged. This is the sole task for judges. We should not allow our personal preferences as to the wisdom of legislative or congressional action, or our distaste for such action to guide our judicial decision.”

1. Justice Harry Blackmun in dissenting opinion in Furman v. Georgia (1972) (voided the death penalty) stated, "Cases such as these provide for me an excruciating agony of the spirit I yield to no one in the depth of my distaste antipathy and indeed abhorrence, for the death penalty. were I a legislator I would vote against the death penalty. . I do not sit, however as a legislator... our task here .. . is to vote pass on constitutionality of legislation that has been enacted and that is challenged. This is the sole task for judges. We should not allow our personal preferences as to the wisdom of legislative or congressional action, or our distaste for such action to guide our judicial decision.”

Activity: Activism or Restraint?Activity: Activism or Restraint?

2) Justice Stephens in Clinton v. New York City (line-item veto) argues that the law is unconstitutional in part, because Article II section 7 stases that a bill be "presented to the President of the United States if he approve he shall sign it, if not he shall return it." This leaves no room for another option.

2) Justice Stephens in Clinton v. New York City (line-item veto) argues that the law is unconstitutional in part, because Article II section 7 stases that a bill be "presented to the President of the United States if he approve he shall sign it, if not he shall return it." This leaves no room for another option.

Activity: Activism or Restraint?Activity: Activism or Restraint?

3) In Texas v. Johnson (1989) Justice Brennan found that Johnson's conviction for flag desecration is inconsistent with the first amendment. “The first amendment forbids the abridgment only of 'speech' but we have long recognized that its protection does not end at the spoken word.”

3) In Texas v. Johnson (1989) Justice Brennan found that Johnson's conviction for flag desecration is inconsistent with the first amendment. “The first amendment forbids the abridgment only of 'speech' but we have long recognized that its protection does not end at the spoken word.”

ADVICEADVICE

As you read, pay close attention to how each Supreme Court Chief Justice impacted his court. Be able to discuss the impacts of each court.

As you read, pay close attention to how each Supreme Court Chief Justice impacted his court. Be able to discuss the impacts of each court.

Checks on Judicial power

Public Opinion

The Courts do not deviate too far from public opinion, because:1. Reliance on other public officials to execute

decisions.2. May be overruled with new laws or

constitutional amendments. 3. Concern for its reputation/credibility.4. The potential for the impeachment of judges.5. Congressional control of the Supreme

Court’s appellate jurisdiction and/or changing the number of justices on the Court.

6. Pass legislation that clarifies existing laws and, thus, overturns the courts.

However…

The Supreme Court is insulated from public opinion by: Appointed, not elected Serve life-terms Court’s ability to control its own

docket/set its own agenda. Salaries cannot be reduced. Limited access to Court

proceedings

VIDEO

During the video where Chief Justice John Roberts discusses the Origin, Role, and Impact of the Supreme Court, record the question asked and briefly summarize the answer.

REVIEW from John Roberts’ Discussion

What are the steps taken once a case has reached the Supreme Court?

The Supreme Court in Action

1. After cert has been granted…2. Lawyers for each side submit a brief,

which sets forth the facts of each case and summarizes lower court decisions.

3. Oral arguments before court. (no more than ½ hr.)

The Supreme Court in Action

4. Every Friday, the judges secretly meet in their chambers to debate the cases and decide whether or not to grant cert.

“No one speaks twice before everyone speaks once.”

5. After arguments, they vote

The Supreme Court in Action

6. Decision Rendered Types: Per curiam, Majority Opinion,

Concurring Opinion, Dissenting Opinion

CAUTION

Remember that this lesson is designed to highlight key information or clarify some things that may be confusing. This is NOT a comprehensive lesson on the Federal Court System. To gain a more thorough understanding, make sure that you carefully read Chapter 16 and complete the reading guide.