Chapter Fourteen The Courts National Judicial Supremacy: The Role of the Courts in American Government • American courts shape policies that form the heart of American democracy. • The courts can undo the work of representative institutions. • This thwarts democratic theory, which argues that the majority should rule. Copyright © Houghton Mifflin Company. All rights reserved. 14-2 Conferral of Power Decision on the Federal Courts • The Constitution established “one Supreme Court” but left it to Congress to structure the federal judiciary. • Judicial review led to the ascendancy of the Supreme Court. • Components of judicial review are: • The power of the courts to declare national, state, and local law invalid if they violate the Constitution Copyright © Houghton Mifflin Company. All rights reserved. 14-3 Components of Judicial Review • The power of the courts to declare national, state, and local law invalid if they violate the Constitution • The supremacy of national laws or treaties when they conflict with state and local laws • The role of the Supreme Court as the final authority on the meaning of the Constitution. Copyright © Houghton Mifflin Company. All rights reserved. 14-4 Conferral of Power Decision on the Federal Courts (Cont’d) • Hamilton anticipated the power of judicial review and discussed it in Federalist No. 78. Copyright © Houghton Mifflin Company. All rights reserved. 14-5 Organization • The state courts: • Each state (and the District of Columbia) has its own court system. No two are alike. • Co-exist with the federal court system. Individuals fall under the jurisdiction of both. • Handle and resolve vast majority of legal disputes. Copyright © Houghton Mifflin Company. All rights reserved. 14-6 Organization (Cont’d) • Court fundamentals • Criminal cases involve a crime or a violation of a public order. • Civil cases involve a private dispute arising from such matters as accidents, contractual obligations, and divorce. • Common or Judge-Made laws involve legal precedents derived from previous judicial decisions. Copyright © Houghton Mifflin Company. All rights reserved. 14-7 Organization (Cont’d) • The federal courts • The federal courts are like a pyramid: the Supreme Court is at the apex, the U.S. Courts of Appeals occupy the middle, and the U.S. District Courts serve as the base. • There are ninety-four federal district courts and nearly 650 full-time district judges. Copyright © Houghton Mifflin Company. All rights reserved. 14-8 Figure 14.1: The Federal and State Court Systems, 2001-2002 Copyright © Houghton Mifflin Company. All rights reserved. 14-9 The Apex: The Supreme Court • The mottos inscribed on the Supreme Court building capture the Court’s difficult task: providing equal justice under law while making justice the guardian of liberty. • The work of the Court is determined by access. Copyright © Houghton Mifflin Company. All rights reserved. 14-10 Figure 14.2: Access to and Decision Making in the U.S. Supreme Court Copyright © Houghton Mifflin Company. All rights reserved. 14-11 The Apex: The Supreme Court (Cont’d) • Original jurisdiction is the authority of a court to hear a case before any other court does. • Appellate jurisdiction is the authority of a court to hear cases that have been tried, decided, or reexamined in other courts. Copyright © Houghton Mifflin Company. All rights reserved. 14-12 The Apex: The Supreme Court (Cont’d) • The Rule of Four is an unwritten rule that requires at least four justices to agree that a case warrants consideration before it is reviewed by the Supreme Court. • Once the Court grants review, attorneys submit written arguments (briefs). Copyright © Houghton Mifflin Company. All rights reserved. 14-13 The Apex: The Supreme Court (Cont’d) • Justices decide how to vote on a case by one of two approaches: judicial activism or judicial restraint. • Justices issue a written document explaining their reasoning in a case, known as a majority opinion, or by issuing one of two types of other opinions: a concurrence or a dissent. Copyright © Houghton Mifflin Company. All rights reserved. 14-14 Judicial Recruitment • Neither the Constitution nor national law imposes formal requirements for appointment to the federal courts. • The President appoints judges to the federal courts, and all nominees must be confirmed by majority vote in the Senate. Copyright © Houghton Mifflin Company. All rights reserved. 14-15 Judicial Recruitment (Cont’d) • Senatorial courtesy is a practice whereby the Senate will not confirm for a lower federal court judgeship a nominee who is opposed by the senior senator in the president’s party in the nominee’s state. Copyright © Houghton Mifflin Company. All rights reserved. 14-16 The Consequences of Judicial Decisions • Most criminal cases are resolved by the use of a plea bargain. • Implementation of judicial decisions relies on others to translate policy into action. • Evidence supports the view that the Supreme Court reflects public opinion at least as often as other elected institutions, reflecting majority sentiment. Copyright © Houghton Mifflin Company. All rights reserved. 14-17 The Courts and Models of Democracy • Supporters of the majoritarian model argue that courts should adhere to the letter of the law and judges refrain must refrain from injecting their own values into their decisions. • Supporters of the pluralist model maintain that the courts are a policy-making branch of government, supported by the filing of class action lawsuits. Copyright © Houghton Mifflin Company. All rights reserved. 14-18