The U.S. Court System
• There are 2 court systems in the United States: State
and Federal.
• State courts hear most of the cases in this country
• In addition, there are civil courts and criminal courts,
at both the State and Federal levels
• Courts interpret legislation (Article III of Const.)
• 2 Views of Constitutional language—strict
constructionist (Jefferson) and loose constructionist
(Hamilton)…loose constructionists are often labeled
“Activist” by Republicans
• Federalist 78: Judiciary “least dangerous” because it
“has no influence over the sword or the purse.”
Why a Nat’l Court System?????
• Under the Articles of Confederation,
there was no national judiciary
• Decisions by courts in one State were
ignored by courts in other states
• Laws would be meaningless unless
Courts could define their “true meaning
and operation.” (Hamilton, Federalist #
78)
Marbury v. Madison (1803)
• Congress passes Judiciary Act of 1789 to
“flesh out” Constitution
• Section 13: Gave SC original jurisdiction in
certain cases
• William Marbury was appointed a Justice of
the Peace for DC in the “final hours” of the
Adams Presidency…commission not delivered,
and Jefferson took over and new Secretary of
State Madison ignored the commission
Marbury cont’d…
• Marbury sued for his commission (Marshall
was actually the former Secretary of State
that was supposed to deliver the
commission!!)
• SC granted certiorari
• But Marshall has a problem—if he orders
commission delivered, he will be
ignored/impeached….if he does not, power of
the Court will be weakened
More Marbury…
• 3 questions of the case:
• Does Marbury have a right to his
commission? YES.
• Do the laws of this country afford him a
remedy? Yes.
• Can this Court issue the writ of mandamus?
NO…because Section 13, Judiciary Act of
1789 provided the Supreme Court with
original jurisdiction in cases in a fashion
contrary to the Constitution
More Marbury…
•
•
•
•
•
•
•
•
3 questions of the case:
Does Marbury have a right to his commission? YES.
Do the laws of this country afford him a remedy? Yes.
Can this Court issue the writ of mandamus? NO…because
Section 13, Judiciary Act of 1789 provided the Supreme Court
with original jurisdiction in cases in a fashion contrary to the
Constitution
1st case to declare a law or part of a law unconstitutional, and
therefore null and void
Not the first to test a law, Hylton v. U.S. (1796) had upheld
constitutionality of $20 carriage tax
Justice Gibson, in a Pennsylvania Supreme Court case, Eakin v.
Raub, tried to dismiss the power of judicial review, fails
Judicial Review a fixture of American jurisprudence
McCulloch v. Maryland (1819)
• National Bank of the United states created
1794…debate between Hamilton and Jefferson
• Maryland decides to place a tax on notes at the
Baltimore branch of BUS
• McCulloch, bank cashier, refuses to pay tax
McCulloch….
• United States takes MD to court
• Supreme Court grants certiorari
(“cert”)
• Marshall: Supremacy clause makes
federal law supreme
• “Power to tax” means the “power to
destroy,” so MD’s taxation of the bank
is unconstitutional…states cannot
impede Congress
Dred Scott v. Sandford (1857)
• •Facts: In 1834, Dred Scott, a Negro slave belonging to Dr.
Emerson, a surgeon in the United States Army, was taken by his
master to Rock Island, Illinois, where slavery was prohibited by
statute. Later he was taken, in 1836, to Fort Snelling, in the
Territory of Louisiana, which was north of the line of 36° 30', and
consequently an area in which slavery had been forbidden by the
Missouri Compromise. In 1838, he was brought back to Missouri,
and in 1847 brought suit in the Missouri Circuit Court to obtain
freedom.
• Issue: Can a black slave become a member of the political
community formed and brought into existence by the Constitution
of the United States and as such become entitled to all the rights
and privileges guaranteed by the Constitution to the citizen?
• Decision: No. (vote 7-2)
• It was therefore the opinion of the Court that the Act of Congress
(The Missouri Compromise) which prohibited a citizen from holding
property of this kind north of the line mentioned was not
warranted in the Constitution, and was therefore void
Government and the Economy
• Commerce Clause interpretation—gradually Court has declared
almost everything “interstate commerce” which makes it
regulatable by Congress
• Court always protected property rights
• 14th Amendment also protected private/corporate property from
arbitrary actions of government
• Selective Incorporation of Bill of Rights
• Court workload rose sharply; 800/900 unconstitutional federal
laws after 1868
• Upheld injunctions to prevent labor strikes, limited antitrust
law, restricted ICC (Interstate Commerce Commission) from
setting railroad rates, prohibited Federal Gov’t from banning
child labor; changed its mind later and allowed some state
controls—antiliquor laws, wage/hour regulations
Government & Political Liberty
• From 1936-1974, the Supreme Court did not overturn
a single federal law that was designed to regulate
business, but it did shoot down 36 laws that violated
personal liberties—like laws that restricted freedom of
speech, revoked citizenship, or withheld mail
• Roosevelt’s Court Packing Scheme: All started when
NRA part of NIRA got tossed. (“We do our part!”)
• Was Social Security Next? Roosevelt offers mandatory
retirement plan for SC at age 70, or he should be
allowed to appoint new justices. Claims mandate
from 1936 election. Public horrified, and plan
unnecessary, as Owen Roberts changed his mind on
some issues
Reviving State Sovereignty
• There are limits on what Congress may do,
and the SC has recognized this in recent
years.
• Struck down:
• Federal law banning the possession of
weapons near schools
• Laws that gave Indian tribes right to sue
states in Federal courts
• Brady Bill provision requiring local law
enforcement officers to do background
checks
Types of Federal Courts
• Constitutional Courts—established under the
authority of Article III—Supreme Court, Courts of
Appeals, District Courts, and the Court of
International Trade
• Special Courts—created by Congress to hear cases
arising out of the expressed powers of Congress.
EX: Court of Appeals for the Armed Forces, the Court
of Veterans’ Appeals, the Claims Court, the Tax
Court, and the courts in the District of Columbia
• Legislative Courts—set up by Congress for a specific
purpose, fixed terms for Judges (Court of Military
Appeals)
Federal Court Jurisdiction
• Jurisdiction—the authority of a court to hear and
decide a case.
• Federal Courts may hear a case on subject matter or
Party jurisdiction
• Subject matter jurisdiction is limited to:
• Federal law/Constitutional questions OR
Admiralty/Maritime law
• Jurisdiction requirement also met if parties are 1) U.S.
or one of its officers, 2) An ambassador or other
foreign rep, or 3) a State suing another state, citizen
of a foreign government, American suing foreign
gov’t, citizen of one state suing a citizen in another
state (dispute over $75,000)
Types of Jurisdiction
• Original Jurisdiction—a court in which a case is heard
first
• Appellate Jurisdiction—A court that hears a case on
appeal from a lower court practices this
• Appellate courts may affirm, reverse, and/or remand
the decision
--------------------------------------------------------------• Exclusive Jurisdiction
• Concurrent Jurisdiction—State and Federal Courts share
jurisdiction, although “diverse citizenship” is less of a
problem today..requires $75K dispute
• Subject Matter Jurisdiction—Federal Question
Parties in a Court Case
• Plaintiff—brings the suit
• Defendant—defends themselves from
the plaintiff’s claims
• Defendants have the right to initiate a
countersuit against the defendant
The Appointment of Judges
• Judges are appointed by the President with “advice and
consent of the Senate” (Article II, S.2, C.2)
• Rule of “Senatorial Courtesy”—President, before making an
appointment, will confer with the two Senators from the home
state, to ensure that those Senators approve of the
appointment (magic “blue slip”) --NOT used w/ SC justices
• Senate must approve judge, will hold hearings
• Difficult to judge ideology; Presidents can and do make
“mistakes” (Bush Sr. and David Souter). To avoid this, judges
must pass “litmus test”—test of ideological purity
• Democrats try to make sure American Bar Association plays a
role, and want judges who are pro-abortion/AA
• Nominee can be anyone; but usually is a legal scholar or
current judge
Terms and Pay of Judges
• Judges in Constitutional courts are appointed for life—ensures
independence of the federal judiciary
• Claims Court, Military Appeals, Veterans Appeals= 15 yr. Term
• Tax Court=10 yrs
• Territorial courts—10 yr term
• Congress sets salaries; over $130,000
• Generous retirement plan
• Hold their office during “good behavior”
• Can be impeached: 13 have been, 7 removed
• Best example: Judge Pickering (NH) 1804—Misconduct and
drunkenness
Court Officers
•
•
•
•
Clerks/Deputy clerks
Stenographers
Bailiffs
At least 1 magistrate per district court—issue arrest
warrants, hear evidence presented by prosecutors to
determine if grand jury should be convened, set bail
(8-year term)
• 1 bankruptcy judge (current;y 326; 14-yr. term)
• U.S. Attorney appointed to each federal district;
prosecute and represent U.S. in all cases (4 yr. term)
• United States marshals—like county sheriffs (4 yr
term)
New Jersey v. T.L.O. (1985)
• Student at HS searched on suspicion of smoking,
searched and later confessed to
possession/distribution of marijuana
• Student sentenced to 1 year probation
• Appealed to New Jersey State Supreme Court, which
overturned the conviction because the
search violated student’s 1st and 14th Amendment
rights and the Exclusionary rule must be applied
• NJ appealed to Supreme Court
• Court decided that the “Reasonable suspicion”
standard replaces “probable cause” requirement
when you walk into school…TLO’s conviction stands
The Inferior Courts: An Overview
• District Courts—original jurisdiction
• Courts of Appeals—appellate jurisdiction
only
• Other Constitutional Courts
• Now let’s examine these one by one!
The District Courts
• 632 judges, 300,000 cases/year (roughly 80% of
total)
• Created by 1789 Judiciary Act
• 94 districts—each state 1 district, some states multiple
districts (PR and DC also districts)
• Cases usually heard by a single judge, but certain
cases heard by panels of 3 (redistricting questions,
civil rights, voting law q’s)
• Have original jurisdiction in civil and criminal cases,
everything from bankruptcy to murder: counterfeiting,
armed robbery
• Regularly use grand juries
• Decisions can be appealed to Court of Appeals or
directly to the Supreme Court
The Courts of Appeals
• Created in 1891 to alleviate pressure on SC
• Currently 12 Courts of Appeals; 11 judicial
circuits and 1 for D.C.
• 179 judges plus a SC justice is assigned to
each circuit
• Usually panels of three hear a case; can sit
en banc
• Only appellate jurisdiction from District Courts
or Tax Courts/Territorial Courts/Quasi-judicial
agencies like Federal Trade Commission
• 40,000 cases a year
Other Constitutional Courts
• The Court of International Trade—
Formed in 1890 as Board of General
Appraisers, restructured in 1980. 9
judges, hears cases based on tariff law,
trade laws. Panels of 3, serve in major
port cities
• Court of Appeals for the Federal
Circuit—created 1982, nationwide
jurisdiction, can hear appeals from
The Supreme Court
•
•
•
•
Mandated by Constitution
Size determined by Congress, can change
Currently 8 associate justices plus a Chief Justice
Chief Justice or Associate Justices are appointed by
President and confirmed by Senate when there is a
vacancy
• Has Original jurisdiction in only 2 instances: when
states are parties or when the case involves
ambassadors or other public officials
• Has Appellate jurisdiction in other matters, provided
that there is some kind of a federal question on either
a federal law or constitutional provision
How Can Cases Reach the
Supreme Court?
• By certificate—lower court requests SC to help them
decide which rule should apply
• But most cases arrive via a writ of certiorari—an order
from the SC to a lower court directing the case to be
sent up for review—can actually be given without a
lower court decision
• “Rule of 4” required for certiorari (L. “To be made
more certain”
• When cert is denied, lower court decision stands
• Cert granted usually when 1) 2 or more Federal Circuit
Courts of Appeals have disagreed or 2) Highest court
in a state has held a federal or state law either valid
or in violation of the Constitution
Litigating a Supreme Court Case
• Court term begins 1st Monday in October, goes till July
• Dates are set for oral arguments; half-hour for each side,
justices can and do interrupt constantly
• Both sides file briefs—sets out facts, lower court ruling, opinion
of attorneys
• Other interested parties file amicus curiae (friend of the Court)
briefs, require Court permission or request
• Solicitor General represents the United States in all cases where
the U.S. is a party
• Justices conference Wed. and Fri; Chief Justice leads
discussion, others by seniority. Then, justices debate/vote
• If CJ is in majority, CJ writes majority opinion
• Justices can write concurring or dissenting opinions
• Per curiam opinions are brief, unsigned
The Special Courts
• U.S. Federal Claims Court—where you go to sue the
federal government (must get permission because of
the doctrine of sovereign immunity). 16 judges, 15
year term. Even if you lose, Congress can vote
compensation
• Territorial Courts
• Courts of District of Columbia
• Court of Appeals for the Armed Forces—15 yr terms,
judges not members of military
• United States Tax Court (1969)—12 yr. Term..civil
cases ONLY
• United States Court of Veterans’ Appeals (1988)- 15
year terms
Getting to Court
• Theoretically, courts are “great equalizer”.
But SC rejects 96% of cases, and court fees
and lawyers fees put a hurt on you
• Indigents can file in forma pauperis.
• ACLU support sometimes available
• Ditto for the NAACP
• Fee shifting more and more common
• Section 1983, Chapter 42 U.S.C.: you can sue
government officials if they deprive you of
rights and collect from the government
The First Hurdle: Standing
• Standing is a legal concept that refers to who is
entitled to bring a case
• Must be an actual controversy in cases
• You must show that you have been harmed
• Mere status as a taxpayer does not give you standing
• Recently, it’s easier to get standing—you can sue gov’t
officials and agencies to do something.
• Remember, though, the government is protected by
the doctrine of sovereign immunity. All governments
enjoy this right.
• Standing in international law: Individuals can’t sue;
governments can and may choose to pass winnings to
the harmed party
Class-Action Suits
• Citizens may benefit from a court decision even
if they are not directly involved
• Usually, you are informed of the case and given
the chance to opt out. Otherwise, you are
bound by the decision
• Recent examples: Yaz birth control pill, PayPal,
Vioxx, Health Care costs, utility overcharging,
MALAPPORTIONMENT
• Best example: Brown v. Board of Education
(1954)
Brown v. Board of Education of Topeka (1954)
• Facts: A series of cases went to the Supreme Court from the states
of Kansas, South Carolina, Virginia, and Delaware. Since all of the
cases involved the same basic problem-black minors, through their
legal representatives, seeking the aid of the courts in obtaining
admission to the public schools of their respective communities on
a nonsegregated basis-all were determined by one decision of the
Court. In the various states, the black children were of elementary
or high school age or both. Segregation requirements were on a
statutory and state constitutional basis except in Kansas where
only statutory provisions were involved.
• Issue: Does segregation of children in public schools solely on the
basis of race, even though the physical facilities and other
"tangible" factors may be equal, deprive the children of the
minority group of equal educational opportunities?
• Decision: 9-0, ignores Stare Decisis from Plessy case. Separate but
equal is NOT CONSTITUTIONAL, violates 14th Amendment Equal
Protection Clause.
Judicial Activism
• Example: Supreme Court decided that 1964 Civil rights
Act makes it mandatory for San Francisco school
system to teach English as a second language
• Liberals say courts are last resort
• Conservatives: Judges should merely interpret, not
legislate (Bush v. Gore)
• Expect more activism as more people file
lawsuits…also contributing factors…
• Sheer growth of government
• Increasingly vague laws
• Some laws (like regulations) induce lawsuits
Bush v. Gore
•
•
•
•
•
•
•
•
The Florida Secretary of State was by state law empowered to interpret
state election laws. When Democrats demanded a recount of votes in four
predominantly Democratic counties, she made two major decisions:
1. Counties must certify returns by the November 14 deadline. This was
supported by Florida law.
2. Only ballots with machine errors could be recounted. This ruling was
challenged as not being supported by the Florida statutes. These 2
decisions had the effect of stopping manual recount.
When a circuit court judge in Tallahassee ruled that the Florida Secretary
of State was empowered to discard the hand counts in the final count,
Gore went to the Florida Supreme Court, which reinstated the recount.
Bush went to the federal courts and ultimately to the U.S. Supreme Court
in Bush v. Gore. Reason: Counting only some votes without a uniform
standard is a violation of the 14th Amendment’s Equal Protection Clause.
The U.S. Supreme Court stopped the recount and ruled in a two-part
decision:
1. The Florida election canvassing process, with its arbitrary multi-ballot
system, was constitutionally flawed. (vote 7-2)
2. A recount of any kind cannot guarantee constitutional protection if it
were to proceed at the final hour (late evening, December 12, 2000). In
effect: "Time's up." (vote 5-4)
Checks on the Judiciary
• Courts—confirmations, impeachment, # of
judges and courts, laws regarding lawsuits,
and Constitutional amendments (11th, 14th,
15th, 16th, 26th)
• Public Opinion—Judges read newspapers too.
Public support of SC varies with support of
government
• Reagan, Carter composition of current court
• Congress decides jurisdiction: Ex Parte
McCardle, cases on Civil Rights (decisions
tempered by Congressional threats)
Ex Parte McCardle (1868)
• Facts: The Constitution assigns appellate jurisdiction to the
Supreme Court with "such exceptions, and under such regulations,
as the Congress shall make." In February, 1867 Congress passed
an act providing for the exercise by the Supreme Court of appellate
jurisdiction in the matter of writs of habeas corpus in cases where
persons were restrained in violation of the Constitution, or of any
treaty or law of the United States. McCardle was held in custody by
military authority for trial before a military commission for the
publication of incendiary and libelous articles in a newspaper that
he edited. Before the judges acted upon his appeal, the act
providing for the appellate jurisdiction was repealed. Congress
didn’t want its policy criticized!
• Issue: Does the Court have appellate jurisdiction in a case after the
act pertaining to such jurisdiction has been repealed?
• Decision: No.
Chapter 16 Learning Objectives
•
•
•
•
•
•
After reading and reviewing the material in this chapter, the student should be able
to do each of the following:
1.
Explain what judicial review is and trace its origins.
2.
List and comment on the three eras of varying Supreme Court influences on
national policy.
3.
Explain what is meant by a dual court system and describe its effects on how
cases are processed, decided, and appealed.
4.
List the various steps that cases go through to reach the Supreme Court and
explain the considerations involved at each step.
5.
Discuss the dimensions of power exercised today by the Supreme Court and
the opposing viewpoints on an activist Supreme Court.