Chapter 15
The Courts
Part II
Instructor: Kevin Sexton
Course: U.S. Political Systems
Southeast Missouri State University
The Federal Court System
“What the Constitution Says”
Article III (Judicial Article)
– Supreme Court shall be top court in the land.
• It is created by the Constitution (not Congress)
• It’s judges shall serve for life (during times of good behavior)
– All other federal courts are created by Congress
• These judges are also appointed for life (times of good
behavior)
How Federal Judges Get Their Jobs
ALL FEDERAL JUDGES ARE:
Appointed by the President of the United States
And
Confirmed by the United States Senate
Powers of the Federal Courts
Article VI Clause 2:
This Constitution, and the Laws of the United States which
shall be made in Pursuance thereof… shall be the supreme Law of
the Land.
Does this give the Federal Courts the ability to determine if an act of
Congress (a law) is appropriate or constitutional?
This power to review and declare actions of Congress null and void has
become known as
JUDICIAL REVIEW
Judicial Review
Marybury v. Madison(1803)
John Adams appointed 42 new judges just before leaving office. His administration
failed to deliver the official commissions. Therefore Thomas Jefferson and James Madison
(Secretary of State) refused to seat these new judges.
The Judiciary Act of 1789 allowed these appointees to request a court order forcing
Jefferson and Madison to grant the appointments and seat these judges.
William Marbury, one of the appointees sued Madison for his judgeship appointment
before the Supreme Court.
Chief Justice John Marshall, and the rest of the Supreme Court Justices refused to
seat the new judges, not because they believed Jefferson and Madison did not violate the
Judiciary Act of 1789.
Rather, because the Judiciary Act of 1789 was unconstitutional. This was the first
time the Supreme Court (or any Federal Court) had declared null and void an act of
Congress.
This power has been one of the most extensive and important powers that the
Federal Courts have had.
Original Jurisdiction
Cases
STATE Courts of Last Resort
(STATE SUPREM COURTS)
U.S. Supreme Court
US Courts of Appeals
12 Circuits
US
District
Courts
US Court of Appeals
For the Federal Circuit
US
Tax Court
US Court
Of
International
Trade
US Court
Of
Veterans Appeals
US Court
Of Military Appeals
Army, Navy-Marine Corps,
Air Force, and
Coast Guard
Courts of Military
Review
Federal Agencies
And
Regulatory Board
Or Commissions
The Federal Court
System
Original Jurisdiction
Cases
STATE Courts of Last Resort
(STATE SUPREM COURTS)
U.S. Supreme Court
US Courts of Appeals
12 Circuits
US
District
Courts
US Court of Appeals
For the Federal Circuit
US
Tax Court
US Court
Of
International
Trade
US Court
Of
Veterans Appeals
US Court
Of Military Appeals
Army, Navy-Marine Corps,
Air Force, and
Coast Guard
Courts of Military
Review
Federal Agencies
And
Regulatory Board
Or Commissions
The Federal Court
System
Types of Judicial Jurisdiction
Judicial Jurisdiction:
Who has authority to “hear” the case.
Original:
• The first court to “hear” the case.
• Most of the time it is the District Court.
• Supreme Court has this in limited instances
Appellant:
• A court that hears an argument that a lower court has
violated the Due Process rights of a defendant.
• Appeals Courts and Supreme Court have this jurisdiction.
U.S. District Courts
•
•
•
•
•
There are 94 Federal District Courts.
They have ONLY original jurisdiction.
Also known as trial courts.
One judge presides over each case.
Only level of the federal system where:
•
•
•
•
There is a jury.
Where witness testimony is heard.
Where GUILT OR INNOCENCE is determined.
In short, only place that a true trial takes place.
U.S. Appeals Courts
• 13 Circuits
• Has ONLY appellant jurisdiction.
• Hears appeals from District Court cases heard in
their circuit.
• These courts DO NOT determine guilt or
innocence. They only determine if a defendant
has had his/her DUE PROCESS violated.
– If DUE PROCESS was violated, then the case is sent
back to the Court that had original jurisdiction.
• The appeals are heard by a panel of judges
usually 3. But sometimes all the judges in a
circuit will hear an appeal.
U.S. Supreme Court
• Nine Judges or Justices.
• Has BOTH original and appellant jurisdiction.
• In cases of original jurisdiction:
– guilt or innocence is determined.
• In cases of appellant jurisdiction:
– Only DUE PROCESS issues are addressed.
• Hears appeals from any Federal or state
court.
How Many Cases Does the
Supreme Court Handle Each Year
US Supreme Court
(80-90 Cases)
US Courts
Of Appeals
(52,000 cases)
State Courts of Last
Resort
(70,000)
US District Courts
(314,000 cases)
State Trial Courts
(101,000,000 cases)
Getting on the Docket.
Very Hard to do!
Rule of Four
Politics of Supreme Court
Appointments
Why are Supreme Court appointment so important
to a president?
– Legacy
Why doesn’t President Bush appoint whomever he
wants?
– His party
– He has to get the person confirmed.
Supreme Court Decision Making
Process
By
Rule of Four
Majority Needed
(5 Votes)
Majority Opinion
Dissenting Opinion
Concurring Opinion
Precedent is Set
Majority Opinion
Written by a justice on the prevailing side. It
explains why the court decided the case in the
manner that they did. If the case addressed a
new issue or addresses an issue in a unique
way this is where the new standard or
“precedent is explained.”
ie. Plessy v. Ferguson
precedent was “separate but equal”
Brown v. Board of Ed.
precedent was “separate not equal”
Dissenting Opinion
Written by a justice on the side that did not
prevail. It will explain why they disagreed
with the majority of the court. Is used in
future cases to try and overturn the
precedent set. Especially important in
close (5-4, 6-3) votes.
Concurring Opinion
Written by a justice on the prevailing side of
the vote. It is written when the justice
writing it disagrees with some part of the
Majority Opinion. It can also be used to
elaborate on an aspect of the case that the
Majority Opinion did not address.
How do the justices decide a case.
Stare decisis
– Literally means “Let it Stand”
– The cases is determined based on previous precedent.
– Most appeals are not heard by the Supreme Court because they
believe the case should or is addressed by previous precedents
related to the central issue of the appeal.
New Precedent is set
– When something new comes up, or a unique issue need be
addressed the justices will sometimes reverse the precedent set
earlier and set a new precedent.
– This very rare!
Constitutional Interpretation
Original Intent
– What did the writers of the Constitution mean when they wrote the document.
– Hard to determine.
Living-constitution
– The meaning of the Constitution changes as society and history changes.
– Constitution is an ever changing document.
Plain-meaning-of-the-text
– The document means exactly what it appears to be saying.
– It was not written in modern English and what is says to me may not mean the
same thing to you.
• i.e. does the 2nd Amendment mean I can have an AK-47 and a M-16 in my
house?
Voting Patterns of Justices
There are three distinct voting patterns that have
developed over the years into which most justices fall.
1. Judicial Activists
•
2.
Stare decisis should be ignored sometimes. These believe that
the ever-changing aspects of society and the country calls for
the Constitution to change also.
Restorationists
–
3.
believe we must get back to the original meaning of the
Constitution and the only way to do that is ignore stare decisis
until all the “liberal” decisions have been reversed.
Judicial Restraint
–
Stare decisis should be maintained in all but the most extreme
cases. The court should not change laws, it should be the
people whom change the laws through their elected
representatives.