Judicial branch notes
The federal courts
The Supreme Court
• The
Constitution
assigns the duty
of interpreting
the law to the
courts.
The federal courts pose a special
challenge to American democracy
• Federal judges are
appointed to their
positions.
• And they are often
in the thick of
policymaking on
issues ranging from
abortion to prayer in
public schools.
How can we reconcile powerful courts
populated by unelected judges with
American democracy?
• Do they pose a
threat to majority
rule?
• Or do the federal
courts actually
function to protect
the rights of
minorities?
• To determine the
appropriate role of
the courts in our
democracy, we must
first understand the
nature of our
judicial system.
In addition to the Supreme
Court, there are…
• 12 federal courts of
appeals,
• a Court of Appeals
for the Federal
Circuit, and
• 90+ federal district
courts
There are basically two kinds of
law:
• criminal law where
the government
charges an individual
who violated specific
laws, such as
robbery, and…
civil law which involves a dispute
between two parties
• civil law cases range
from divorce
proceedings to
mergers of
multinational
companies
It is important to remember that
about 98% of all the criminal
cases in the U.S. are heard in
state and local court systems…
• and, most accused
of federal crimes
enter guilty pleas
as part of a plea
bargain
Also, the vast majority of civil
cases in the federal courts are
settled out of court
• Only about 2% of
the more than
250,000 civil cases
in the federal courts
are decided by
trials.
What does the Constitution say
about federal judges’
qualifications?
• absolutely nothing!
So… that begs the
question: could a
President appoint
just anybody?
A historical review…
• Until the Civil War,
the dominant
questions before the
Court concerned the
strength and
legitimacy of the
federal gov’t and
slavery.
From the Civil War until 1937…
Questions of the
relationship between
the federal gov’t and
the economy
dominated – like the
“sick chicken” case
in which the Court
sided with the
poultry industry
From 1938 to the present, the
primary issues before the Court have
concerned personal liberty and social
and political equality.
In the last few decades, courts have
made policies involving school busing,
abortion, bilingual education, prison
conditions, and many other key issues.
• Many scholars and
judges favor a policy
of judicial restraint,
in which judges
adhere (stick)
closely to precedent
and play minimal
roles.
• On the other side
are judicial activists
who favor judges
making bolder policy
decisions. They say
courts may alleviate
(help) pressing needs
It is important to keep in mind that most
judicial policymaking and enforcement of laws
take place in the state courts and the lower
federal courts.
• Under the Articles
of Confederation,
there was no
national judicial
system; this
resulted in
somewhat chaotic
situations when
states disagreed or
ignored each others’
decisions, so…
• the Constitution
writers created a
dual court system:
– one national level of
courts
– 50 state systems of
courts
– This organization
obviously reflects
the principle of
federalism.
The vast majority of cases that
make it to the Supreme Court are
from…
1. state appellate
courts, and
2. lower (or inferior)
federal courts
Federal courts
• Supreme Court –
considered the
highest court
because it is the last
court at which
federal questions
can be decided
Justices of the Supreme Court
• Chief Justice
John Roberts
– Bush appointee,
fall, ‘05
– Harvard
undergraduate +
Harvard law
– age 50
– married, two
children
• John Paul
Stevens
• Ford appointee
(’75)
• U. of Chicago
graduate,
Northwestern
U. law
• age 86
• married, 4
children
• Antonin Scalia
– Reagan appointee
(’86)
– Georgetown U.
graduate, Harvard
law
– age 70
– married, 9
children
• Anthony Kennedy
– Reagan appointee,
(’86)
– Stanford U.
graduate, Harvard
law
– age 70
– married, 3
children
• David Souter
– Bush the elder
appointee, (’90)
– Harvard
undergraduate +
Harvard law
– age 66
– not married
• Clarence Thomas
– Bush the elder
appointee (’91)
– Holy Cross
graduate, Yale law
– age 57
– married, 1 child
• Ruth Bader
Ginsberg
– Clinton appointee
(’93)
– Cornell graduate,
Columbia law
– age 73
– married, 2
children
• Steven Breyer
– Clinton appointee,
(’94)
– Stanford
graduate,
Harvard law
– age 68
– married, 3
children
• Samuel Alito
– Bush appointee
(’06)
– Princeton
graduate, Yale law
– age 56
– married, 2
children
The Supreme Court is the only court
with both original and appellate
jurisdiction
• has original
jurisdiction over any
disputes among
states and …
• any case brought
against ambassadors
• up to 5,000 cases
are appealed to the
Supreme Court each
year, but the Court
only hears a few. At
least 4 Justices
have to agree to
hear a case (“rule of
four”)
• The Court decides about 120
cases each year
• When the Court accepts a case
for review, it issues a writ of
certiorari
• The Court works from the 1st
Monday in October until the
following June/July
Opinions of the Court
• majority opinion- also known as the Opinion of
the Court
• concurring opinion – Justice agrees with the
majority opinion, but for a different reason
• dissenting opinion – Justice disputes the
majority opinion
• these opinions stand as precedents meaning
they affect every state and federal law
pertaining to the issue
Lower federal courts
• Courts of Appeals
(12)
• district courts (90+)
– hear the greatest
number of cases
More federal courts…
• Court of International Trade – hears cases
involving international law
• special courts – have limited jurisdiction
–
–
–
–
–
–
Court of Military Appeals – civilian judges
Court of Veterans Claims
Claims Court
Tax Court
courts of the District of Columbia
territorial courts (Guam, N. Marianas, Virgin
Islands)
Marbury v. Madison (1803)
• Its importance
cannot be
overstated – it
established the
right of judicial
review
James Madison
U. S. Solicitor General
• Paul D. Clements
• represents or
advises the gov’t
when it is party to a
suit
• chief attorney for
U.S.
How much do the Justices make?
Chief Justice:
$202,900 annually
Associate Justices:
$194,200 annually