Judicial Branch

1
Judicial Branch

• Chapter 16

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Federal Court System

• American Court System
• Helps protect rule of law
• Decides 3 things
• If law has been broken
• If someone has been harmed
• Determines what law or Constitution means.

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Judicial Review and the Power of the Supreme
Court

• 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)- The Supreme Court
  could declare a congressional act
  unconstitutional
• Martin v. Hunters Lessee (1803)- The Supreme
  Court can review decisions of highest state
  courts if they involve federal law

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Judicial Review and the Power of the Supreme
Court.

• Fletcher v. Peck (1810)- Established that the
  Supreme Court could declare state laws
  unconstitutional
• McCulloch v. Maryland (1819)-Upheld the
  Constitutionality of the National Bank under the
  necessary and proper clause and denied the
  State the right to tax a federal instrumentality
  (Supremacy Clause) noting the power to tax
  involves the power to destroy.
• Ex Parte McCardle (1869)- Allowed Congress to
  change the appellate jurisdiction of the Supreme
  Court.

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Dual Court System

• State Court System
• State Constitutions State Laws
• Federal Court System
• National Constitution Federal Laws
• Both created by Congress

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Dual Court System

• State Courts
• Hear most of the countrys cases
• Hear civil and criminal cases about state laws
  and state constitutions
• Cases not under federal jurisdiction

• Federal Courts
• Interprets and applies the constitution, federal
  laws and treaties
• Cases that arise on the high seas
• Cases that involve certain parties

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Structure of State Courts

• Structure varies from state to state.
• In general each state has 3 levels
• Trial Court
• Court of Appeals
• Supreme Court (STATE level)

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Structure of Federal Court System

• Vague in Constitution - left up to Congress to
  decide
• Judiciary Act of 1789 Congress sets up 3 tiered
  structure
• Altered somewhat as nation grew
• Bottom Federal District Courts
• Middle Courts of Appeals
• Top Supreme Court highest in the land

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Structure of Federal Court System

• 94 Federal Court districts at least 1 in each
  state have original jurisdiction
• Courts of Appeals AKA circuit courts 13
  different appeals districts have appellate
  jurisdiction
• Supreme Court highest court in the land
• Some original jurisdiction
• Made up of 9 judges called justices
• Gets 8000 request / year but only hears about
  100 cases

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Constitutional vs. Legislative Courts

• Constitutional Courts
• Appointed by President and confirmed by the
  Senate
• Serves a life term
• Removed by impeachment
• Salaries cannot be reduced
• Ex Supreme Court, District Courts, Courts of
  Appeal.

• Legislative Courts
• Set up by Congress
• Fixed terms of office
• Can be removed and have their salaries reduced.
• Appointed by President, confirmed by Senate
• Ex Court of Military Appeals and territorial
  courts

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Jurisdiction

• Authority to hear decide a case
• Exclusive Jurisdiction sole right to hear a
  case
• Concurrent Jurisdiction applies to both federal
  state courts
• Residents of different states matters over
  75,000
• Plaintiff makes the legal claim
• Defendant person defending the complaint
• Original Jurisdiction where case is 1st heard
• Appellate Jurisdiction where case goes if it is
  appealed

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Appellate Jurisdiction

• Appellate Jurisdiction- Cases heard on appeal
  from lower courts.
• District Courts have original jurisdiction
• Both states and the federal government have
  appellate courts.
• Sometimes flows from state courts to federal
  courts
• The Petitioner in the case is the person who is
  appealing the decision of the lower court.

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The Supreme Courts Jurisdiction

• For the most part, the Supreme Court has
  appellate jurisdiction.
• However, the court does have original
  jurisdiction in some cases. For example, in cases
  involving
• 2 or more states
• The U.S. and a state
• Foreign diplomats
• A state and a citizen of a different state

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Appointing Federal Judges Presidents most
lasting legacy

• Constitution gives power to President, but
  confirmed by Senate
• 4 factors considered
• Legal Expertise lawyers American Bar
  Association
• Political ideology someone w/ similar views as
  Pres.
• Judicial Philosophy
• Judicial Restraint only original intent of
  Framers
• Judicial Activism judges / justices adapt
  Constitution to chance w/ the times

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Presidents most lasting legacy

• 4. Opinions of the Senate
• Senatorial Courtesy Senator from same state
  party as nominee can block the nominee for any
  reason
• Presidents usually consult w/ Senate prior to
  nomination
• Not a legal requirement, just tradition
• Does not exist for Supreme Court

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Appointment of Judges- The Litmus Test

• An examination of the political ideology of the
  nominated judge.
• Has grown in importance
• Technically judges should be neutral

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Restraintism vs. Activism

• Strict Constructionists- follow the Constituion
  very closely
• This idea is also called restraintism
• Tend to be more conservative
• Loose Constructionists- interpret the
  Constitution very broadly
• This idea is also called activism
• Tend to be more liberal

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Restraintism vs. Activism

• Loose Construction of the Constitution
• Deference to personal attitudes, values, and
  goals
• Based on the idea that judges make laws
• Interpretation solves problems not considered or
  addressed by the legislature
• The question comes up, and you decide it. you
  dont wait for the legislature
• Decisions strongly predictable from the
  individual attitudes

• Follow precedents
• Strict construction to the constitution
• Deference to original intent
• Restraintist judges stick closely to the
  constitution and are against to interpreting the
  Constitution as how it should be
• Decisions are strongly predictable as they must
  be in line with the literal Constitution
• These judges also show great divergence in their
  votes from their political values, as they feel
  their values should not interpret the
  constitution.

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Read Selecting Judges section on pages 441-443
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Checks Balances

• Judicial Review Courts rule on whether law fits
  the Constitution
• Checks on Judiciary
• President nominates, Senate Confirms
• Congress may impeach federal judges
• Judges cannot increase pay during a term
• Constitutional Amendment can overrule an
  unconstitutional ruling

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Lower Federal Courts
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Federal District Courts

• 94 Districts, at least 1 per state 2 judges
  district court (minimum)
• Jurisdiction involves residents of other states
• Hears 215,000 civil cases / year 70,000
  criminal case / year.
• Grand Juries hear evidence to determine if
  criminal trial is needed
• Bankruptcy federal court jurisdiction for those
  who cannot repay debt.

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Federal Courts of Appeal

• Middle Tier 13 nation wide (12 districts 1
  for Washington DC)
• Purpose if a side believes an error was made in
  Federal District Court, they may appeal to
  Federal Court of Appeals in their district
• Both Civil Criminal, although Federal Gov
  cannot appeal not guilty verdict
• Only a small of appeals are heard
• Procedure appellant must show ruling happened
  b/c of an error made in Federal Court
• Usually tried by 3 randomly selected circuit
  court judges
• No new evidence is allowed
• Result ruling is usually final only small
  heard by Supreme Court

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Other Federal Courts

• US Court of International Trade
• US Court for Vets Claims
• US Court of Appeals for Armed Forces
• Military Commissions

• US Tax Court
• US Court of Federal Claims
• National Security Courts
• Washington DC Territorial Courts.

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The Supreme Court
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Supreme Court Demographics A Very Exclusive Body

• 112 Members
• 4 Females
• 109 Whites
• 93 Protestants
• 6 Immigrants
• First Catholic-1835
• First Jew- 1916
• First African American- 1967
• First Woman-1981
• First Court to be composed of all law school
  graduates-1957
• First Italian American- 1986
• First Hispanic- 2009

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Figure 16.1 Female and Minority Judicial
Appointments, 1963-2003
Source Updated from Harold W. Stanley and
Richard G. Niemi, Vital Statistics on American
Politics, 20052006 (Washington, D.C.
Congressional Quarterly, 2006), table 7.5.
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Figure 16.1 Female and Minority Judicial
Appointments, 1963-2003
Source Updated from Harold W. Stanley and
Richard G. Niemi, Vital Statistics on American
Politics, 20052006 (Washington, D.C.
Congressional Quarterly, 2006), table 7.5.
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Figure 16.1 Female and Minority Judicial
Appointments, 1963-2003
Source Updated from Harold W. Stanley and
Richard G. Niemi, Vital Statistics on American
Politics, 20052006 (Washington, D.C.
Congressional Quarterly, 2006), table 7.5.
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Supreme Court Procedures

• Terms Begins 1st Monday in October, in session
  until June July.
• Selecting Cases few cases selected writ of
  certiorari petition to review a lower courts
  ruling
• 4 of 9 justices must agree (RULE OF FOUR)
• Briefs Oral Arguments
• Briefs written arguments viewed by each justice
• Oral Argument for about 30 min. where justices
  try to question lawyers for weakness in brief.

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Deciding to Decide The Rule of Four

• The first step that takes place is when a case is
  appealed to the U.S. Supreme Court.
• Four judges must agree to hear the case
• 8,000 cases are appealed only 75-100 are heard
  each year
• If the Supreme chooses to hear a case, it grants
  a Writ of Certiorari

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Granting Certiorari

• Presumption against granting cert
• 1. So little time, so many cases Court will
  be selective
• 2. All cases are fungible issues are
  important, not cases

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Judging a Case Uncertworthy

• Nut cases
• Frivolous
• Lack of percolation (issue not ripe)
• Bad FactsBad Vehicle
• Intractability

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Judging a Case Certworthy

• Circuit Conflict
• Importance (one of a kind, societal impact-
  serious question of constitutional law, civil
  liberties)
• Impacts many people
• Solicitor Generals encourages acceptance
• Public pressure
• Justices interest
• Flagrant abuses of justice
• Presence of amicus curiae briefs

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Discuss List

• Internal mechanism to handle the large caseload.
• The chief justice circulates a discuss list of
  cases he deems worthy of discussion.
• Justices may add a case to the list. Each case
  presented to the Court is still reviewed in each
  justice's chambers, but only those cases on the
  discuss list are talked about at the justices'
  regular conference.
• Approximately 30 percent of the filed cases reach
  the discuss list. The remaining requests for
  review are rejected, without further
  consideration.

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Justices Listing Cases

• Justice
  Number of Percent of
  Percent of total
• 
  cases listed cases listed
  during tenure
• 
  1985-1993
• William H. Rehnquist 5,035
  60.1 60.1
  (1985-1993)
• (Associate Justice)
  19
  1.6 (1985)
• (Chief Justice)
  5 ,016
  69.8 (1986-1993)
• Warren E. Burger 819
  9.8
  68.8 (1985)
• Byron R. White
  1,043 12.5
  13.3 (1985-1992)
• John Paul Stevens
  477 5.7
  5.7 (1985-1993)
• Sandra Day OConnor
  368 4.4
  4.4 (1985-1993)
• William J. Brennan, Jr.
  216 2.6
  4.3 (1985-1989)
• Harry A. Blackmun
  214 2.6
  2.6 (1985-1989)
• Antonin Scalia
  129 1.5
  1.8 (1986-1993)
• Anthony M. Kennedy 34
  0. 4
  0.6 (1987-1993)
• Thurgood Marshall
  19 0.2
  0.3 (1985-1990)
• Ruth Bader Ginsburg
  12 0.1
  2.2 (1993)
• Lewis F. Powell
  7 0. 0
  0.3 (1985-1986)
• David H. Souter
  2 0. 0
  0.1 (1990-1993)

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• Blue Total cases on docket    
• Red Number of cases acted upon

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Amicus Curiae

• Amicus Curiae Latin for friend of the court
• AKA amicus brief
• Submitted to the court by a special-interest
  group, the government, or a party that wants the
  court to hear its position on a case.
• Usually written to give justices information
  about other cases that may be relevant.
• Contain policy statements that apply to the case
  being heard

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Judicial Conference

• After oral arguments- the 9 justices meet in a
  conference
• Chief Justice presides
• Chief Justice asks each justice (beginning with
  most senior) for opinion
• Once a tentative opinion reached- chief justice
  assigns one of the justices (representing the
  majority) to draft an opinion
• After the majority of justices agree with the
  draft, the minority drafts a dissenting opinion.
• Opinion announced before the session ends in June

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Opinions of the Court

• Justices discuss case arguments rulings
  sometimes not given for months
• Majority Opinion actual ruling signed by 5 of 9
  justices
• Concurring Opinion agree w/ ruling but gives
  other legal reason for opinion
• Dissenting Opinion written by minority justices
  who do not agree w/ ruling on the case.

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Stare Decisis

• Latin for let the decision stand
• The principle of a case precedent
• Case precedent guides the Supreme Court when
  ruling on a case.
• If a precedent case is reversed by the court,
  then the precedent is overturned and the new case
  becomes precedent.
• Example Plessy v. Ferguson was overturned by
  Brown v. Board of Education

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Latin Terms

• Per Curiam decision- decision without explanation
• Writ of Certiorari- made more certain S.C.
  accepting an appeal from a lower court
• Amicus Curiae- Friend of the Court
• Briefs written to provide the court with
  different personal opinions of a particular case.
• Stare decisis- Let the decision stand (precedent)
• In Forma Pauperis- in the form of a pauper
• Allows poor people to appeal their cases to the
  Supreme Court- Gideon vs Wainwright