Courts in the American
Political System
Courts Serve a Number of
Broad Functions
 Interpretation of Statutory and
Administrative Law
 Development and Interpretation of Common
Law
 Interpretation of Constitutional Law (Judicial
Review)

Marbury v. Madison (1803)
Structure of the Court System
U.S. Supreme Court
U.S. Courts of Appeal
(12)
Specialized Federal Courts
U.S. District Courts
(95)
State Supreme Courts
(50)
Courts of Appeal
(Not all States)
Lower State Courts
(Several per State)
Jurisdictions and Powers
 Original jurisdiction
 Appellate Jurisdiction
 Criminal/civil/administrative cases
Jurisdictions of Federal Courts
 Supreme Court: Appellate and Original
 U.S. Courts of Appeal: Appellate
 U.S. District Courts & Specialized Federal
Courts: Original
Are the Courts too Powerful?
 Criticisms are usually based on the Court’s structure
and goals
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Method of Selection
Term of appointment
Anti-majoritarian
 But Framers viewed the courts as the “least
dangerous branch”
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Constitution had little to say about courts
Other Branches have significant control
Nature of judicial power limits the scope of that power
How Do Cases get to the
Supreme Court?
 Original Jurisdiction
 Cases come from U.S. Appeals Court or from
State Supreme Court.
 Petitioners (losers at the lower level) file a
writ of certiorari

Very few writs are granted
 Some factors influence the likelihood of
being granted a writ of certiorari
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Case involves a fundamental civil rights or civil
liberties question
U.S. Government is the appellant
Lower court decision was ideologically liberal
A high number of amicus curiae briefs
Judicial Selection
 Presidential appointment, Senate
confirmation

Senatorial Courtesy
 Influences on Judicial Appointments
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Representational qualifications
Professional qualifications
Doctrinal qualifications
Influence on Judicial Decision
Making
 The Law: stare decisis (precedent)
 Personal policy preferences
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Ideology
Activism v. Restraint
 Other members of the court
 Political environment