CHAPTER 16
THE JUDICIAL
SYSTEM
Roots of the Federal Judiciary
 Hamilton called it “the least dangerous branch.”
 Little on the judiciary in the constitution.
 Creates high Court, Congress establishes others.
 Judges have life tenure with good behavior.
 Congress can alter the Court’s jurisdiction.
 Constitution is silent on judicial review.
CH 18 SUM
DUAL COURT SYSTEM
FEDERAL AND STATES
SUPREME COURT RULES BOTH
SUPREME COURT LINKS BOTH
CH 18 SUM
THE COURT’S POWER
JUDICIAL REVIEW
MARBURY V MADISON (1803)
CH 18 SUM
INFERIOR CONSTITUTIONAL COURTS
•
DISTRICT COURTS
•
COURT OF APPEALS
•
COURT OF APPEALS FOR THE
FEDERAL CIRCUIT
CH 18 SUM
SPECIAL (LEGISLATIVE) COURTS
•
U.S. CLAIMS
•
TERRITORIAL
•
DISTRICT OF COLUMBIA
•
MILITARY APPEALS
•
TAX COURT
CH 18 SUM
THE U.S. SUPREME COURT
9 MEMBERS
(NOT SET BY CONSTITUTION)
TERM OF OFFICE = LIFE
RELEASE OPINIONS
MAJORITY
CONCURRING
DISSENTING
THEMIS
BLIND
JUSTICE
SCALES
&
SWORD
THE U.S. SUPREME COURT BUILDING
LOCATION OF THE
U.S. SUPREME COURT BUILDING
• Chief Justice
– John Roberts
• Associate Justices
–
–
–
–
–
–
–
Samuel Alito
Stephen Breyer
Ruth Bader Ginsberg
Elena Kagan
Anthony Scalia
Sonia Sotomayor
Clarence Thomas
2010 Supreme Court Official Photo
Edwards, Wattenberg, and Lineberry
Government in America: People, Politics, and Policy
Fourteenth Edition
Chapter 16
The Federal Courts
The Nature of the Judicial System
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, not
federal courts.
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
Legal Standing have sustained or likely to
sustain a direct injury
Justiciable disputes - a case must be capable
of being settled as a matter of law.
Participants in the Judicial System
Groups
Use the courts to try to change policies
Amicus Curiae briefs used to influence
“friend of the court” briefs to raise additional
points of view and information
800,000 lawyers in United States today
Legal Services Corporation
Lawyers to assist the poor
Access to quality lawyers is not equal.
Back
The Structure of the Federal Judicial System
District Courts (91 federal courts)
Original Jurisdiction:
Hear the case first and determine the facts - the trial
court
Case Jurisdiction - deals with the following case types:
Federal crimes
Civil suits under federal law and across state lines
Supervise bankruptcy and naturalization
Review some federal agencies
Admiralty and maritime law cases
Supervision of naturalization of aliens
Courts of Appeal
Appellate Jurisdiction
Reviews legal issues in cases from lower courts
Hold no trials and hear no testimony
12 circuit courts
U.S. Court of Appeals for the Federal Circuit –
specialized cases
Focus on errors of procedure and law
The Supreme Court
Ensures uniformity in interpreting national laws,
resolves conflicts among states and maintains national
supremacy in law
9 justices – 1 Chief Justice, 8 Associate Justices
Supreme Court decides which cases it will hear—
controls its own agenda
Some original jurisdiction, but mostly appellate
jurisdiction
Most cases come from the federal courts
Most are civil cases
SELECTING FEDERAL JUDGES
 Presidents nominates, Senate Confirms
 Use of senatorial courtesy.
 Competence, use of ABA ratings.
 Ideology or policy preferences.
 Rewards or political support.
 Religion, race, ethnicity, and gender.
The Supreme Court
Fewer constraints on president to nominate persons to
Supreme Court
President relies on attorney general and DOJ to screen
candidates
1 out of 5 nominees will not make it
Presidents with minority party support in the Senate will
have more difficulty.
Chief Justice can be chosen from a sitting justice, or as
a new member to the Court
CONFIRMATION IS A POLITICAL PROCESS
The Backgrounds of Judges and Justices
Characteristics:
Generally white males – Less recently
Lawyers with judicial and political experience
Other Factors:
Generally of the same party and ideology as the
appointing president
Judges and justices may not rule the way
presidents had hoped they would have.
Back
The Courts as Policymakers
Accepting Cases
Use the “rule of four” to choose cases
Issues a writ of certiorari to call up the case
Supreme Court accepts few cases each year
Making Decisions
Oral arguments heard by the justices
Justices discuss the case
One justice will write the majority opinion
Dissenting opinions
Written by justices who oppose the majority.
Concurring opinions
Support of the majority- stress a different legal basis.
Stare decisis
Let previous decision stand unchanged
Precedent
How similar past cases were decided
May be overruled
Original Intent- the idea that the Constitution should be
viewed according to the original intent of the framers
The Courts as Policymakers
Judicial implementation
How and whether court decisions are translated into
actual policy.
Must rely on others to carry out decisions
CHECKS ON THE POWER OF THE COURT
• LACK OF ENFORCEMENT
(NO JUDICIAL POLICE)
(PRESIDENT ANDREW JACKSON)
• SENATE MUST OK JUDGES
• CONGRESS CAN IMPEACH JUDGES
• CONGRESS CAN CHANGE # OF JUDGES
• LAWS CAN BE REWRITTEN
• THE CONSTITUTION CAN BE AMENDED
The Courts and the Policy Agenda
• A Historical Review
– John Marshall and the Growth of Judicial Review
• Marbury v. Madison (1803) established judicial
review—courts determine constitutionality of acts
of Congress
– The “Nine Old Men” (New Deal)
– The Warren Court
– The Burger Court
– The Rehnquist Court
1787-1861 ERA
FEDERAL-STATE RELATIONS
McCULLOCH v MARYLAND (1819)
SLAVERY
DRED SCOTT v SANDFORD
(1857)
JOHN
MARSHALL
4TH
CHIEF
JUSTICE
OF THE
U.S.
SUPREME
COURT
(1801-1835)
1862-1937 ERA
GOV’T - ECONOMY RELATIONSHIP
FOR PRIVATE PROPERTY RIGHTS
LAISSEZ-FAIRE CAPITALISM
FOR STATE REGULATION RIGHTS
1938-2000
PROTECTION OF PERSONAL LIBERTIES
2000 - ???
LIMITS OF GOVERNMENT POWER ???
PROTECTION OF SOCIETY ???
EARL
WARREN
CHIEF
JUSTICE
1953-1969
(LIBERAL)
(NIXON)
WILLIAM
REHNQUIST
CHIEF
JUSTICE
1986-2005
(CONSERVATIVE)
(REAGAN)
JOHN
ROBERTS
CHIEF
JUSTICE
2005 - ????
(CONSERVATIVE)
(GEORGE W BUSH)
Understanding the Courts
The Courts and Democracy
Courts are not very democratic.
Not elected
Difficult to remove judges and justices
The courts often reflect popular majorities.
Groups are likely to use the courts when other methods
fail, which promotes pluralism.
There are still conflicting rulings leading to deadlock
and inconsistency.
What Courts Should Do:
The Scope of Judicial Power
Judicial restraint: judges should play a minimal
policymaking role
Judicial activism: judges should make bold policy
decisions and even chart new constitutional ground
Statutory construction: the judicial interpretation of an
act of Congress
STRICT CONSTRUCTIONIST APPROACH
(THE LETTER OF THE LAW)
V
ACTIVIST APPROACH OR
LOOSE CONTRUCTIONALIST APPROACH
(THE SPIRIT OF THE LAW)
(JUDICIAL LEGISLATION)
Summary
Judicial policymaking and implementation occur in
lower federal and state courts.
Many important questions are heard by the courts.
Much decision making is limited by precedent.
Even the unelected courts promote democratic values.
USSC DECIDES WHICH CASES TO HEAR
APPEALATE JURISDICTION
FROM OTHER COURTS
“THE RULE OF FOUR”
ORIGINAL JURISDICTION
ORAL ARGUMENTS
PRESENTED FOR SOME CASES
30 MINUTES FOR EACH SIDE
JUSTICES ASK QUESTIONS
AT ANYTIME
JUSTICES MEET IN SECRET
DISCUSS
VOTE
OPINION ASSIGNED
OPINIONS ARE WRITTEN AND RELEASED
MAJORITY
ABOUT 1/3 ARE UNANIMOUS
CONCURRING
DISSENTING
COURTS PLAY A LARGE ROLE IN PUBLIC POLICY
THE POWER OF JUDICIAL REVIEW
COURTS = MORE POWERFUL
INCREASED ROLE OF GOV’T
COURTS = MORE POWERFUL
AP CH 14 - THE JUDICIARY
IMPORTANT TERMS-SET 1- PART A
ACTIVIST APPROACH
AMICUS CURIAE
APPELLATE JURISDICTION
BLOC VOTING
CIVIL LAW
CLASS-ACTION SUIT
CONSTITUTIONAL COURT
CRIMINAL LAW
DIVERSITY CASES
DRED SCOTT v STANFORD
AP CH 14 - THE JUDICIARY
IMPORTANT TERMS-SET 1- PART B
FEE SHIFTING
FRIDAY CONFERENCE
JUDICIAL REVIEW
POLITICAL QUESTION
SENATORIAL COURTESY
SOLICITOR GENERAL
STANDING
STRICT-CONSTRUCTIONALIST
STARE DECISIS
WRIT OF CERTIORARI
AP CH 14 - THE JUDICIARY
IMPORTANT TERMS-SET 2-PART A
ACTIVIST APPROACH (JUDICIAL)
BRIEF
CONCURRENT OPINION
COURTS OF APPEAL
DISSENTING OPINION
DISTRICT COURT
FEDERAL QUESTION CASES
AP CH 14 - THE JUDICIARY
IMPORTANT TERMS-SET 2-PART B
IN FORMA PAIPERIS
LEGISLATIVE COURT
LITMUS TEST
OPINION OF THE COURT
PER CURIAM OPINION
PLAINTIFF
SOVEREIGN IMMUNITY
STRICT CONSTRUCTIONALIST APPROACH
AP CH 14 - THE JUDICIARY
OBJECTIVES – PAGE 1
1-EXPLAIN WHAT JUDICIAL REVIEW IS,
AND TRACE ITS ORIGIN IN THIS
COUNTRY TO MARBURY v MADISON.
2-LIST AND COMMENT ON THE
THREE ERAS OF VARYING SUPREME
COURT INFLUENCES ON NATIONAL
POLICY SINCE THE DAYS OF
SLAVERY.
AP CH 14 - THE JUDICIARY
OBJECTIVES – PAGE 2
3-EXPLAIN WHAT IS MEANT BY A DUAL
COURT SYSTEM AND DESCRIBE THE
EFFECTS IT HAS ON HOW CASES ARE
HANDLED AND APPEALED.
4-LIST THE VARIOUS STEPS THAT CASES GO
THROUGH TO BE APPEALED TO THE
SUPREME COURT.
5-SHOULD THE SUPREME COURT BE
“ACTIVIST” BY NATURE?
AP CH 14 - THE JUDICIARY
QUESTIONS
1-WHAT HAS BEEN THE HISTORY OF THE
COURT’S VIEW ON ECONOMIC
REGULATION?
2-WHAT WAS ROOSEVELT COURT-PACKING
PLAN? WHAT DOES IT SUGGEST ABOUT
THE SUPREME COURT AND OTHER
BRANCHES OF GOVERNMENT?
3-HOW WOULD YOU DESCRIBE THE CULTURE
OF THE SUPREME COURT?
AP CH 14 - THE JUDICIARY
QUESTIONS (CON’T)
4-IS THE SUPREME COURT A POLITICAL
INSTITUTION? SHOULD IT BE? EXPLAIN
BOTH ANSWERS.
5-IS THE POWER OF THE JUDICIARY LIMITED
BECAUSE THEY LACK THE POWER OF THE
SWORD AND THE POWER OF THE PURSE?
6-WHAT ARE THE CHECKS ON THE POWER OF
THE JUDICIARY BRANCH? ARE THEY
EFFECTIVE?