POLS 150
Part 5
Article III: The Judicial Branch
The Federal Courts:
1. The Supreme Court
Washington, DC
9 “justices,” including 1 Chief Justice
2. US Courts of Appeals (Circuit Courts)
12 regions of US (circuits)
9th Circuit: biggest and most controversial
3. Federal District Courts
94 districts;
at least one in each state,
plus DC and Puerto Rico
All three levels:
Judges/Justices appointed for life or “good behavior”
by the president
And confirmed by Senate.
Judicial independence
The US Constitution specifies:
There will be a Supreme Court,
But not the number of justices
And nothing about other federal courts
So Congress had to create them
Dual Court System:
Federal:
Jurisdiction over what is listed in Constitution
Federal criminal law broken (but not state)
Appeal decision of federal agency
Declare bankruptcy
Controversy between two state governments
State:
Everything else
The Supreme Court
Court is in session: 36 weeks of the year
Court chooses which cases it will hear
Usually only 1% of appeals court cases
Still, this is a few thousand cases/year
Court focuses on the few each year that set important guidelines for lower courts,
& are relevant to many people.
One consequence:
Federal laws may be different in different parts of the country
You must have standing in a case to bring it to federal court.
Must be an actual controversy
You must be harmed by the situation, not just interested
Class-action suits:
A small group can represent a larger group that was harmed.
Ruling will apply to all.
Ex: Brown vs. Board of Education, 1954
“Rule of four”
Four justices must agree to hear a case
Writ of Certiorari
Issued when Supreme Court agrees to hear a case.
Supreme Court Procedures:
Justices read briefs in separate offices.
Read written arguments and previous related cases.
Meet in session:
to hear oral arguments of each side
and to ask questions.
Usually about 30 minutes for each side.
Meet in secrecy:
Every Friday
to debate cases they’ve heard and to vote.
Voting:
Chief votes first,
then in order of seniority.
If a tie-(if one is ill or has disqualified self),
then the lower court’s ruling stands.
Written Decision (Opinion of the Court)
Unanimous:
All agree
Chief writes opinion, or assigns to another
Majority:
The winning side in the vote
Concurring:
Agree with majority, but for different reasons
Dissenting:
The losing side in the vote
Factors Constraining Federal Judges
Constitution
Precedent (stare decisis)
Very important–
judges usually base decisions on what has been decided before in similar cases
Statutory Law (legislation)
Legal thought (books and journals)
Other courts’ opinions
Interest groups; public opinion; media
Types of Law
Constitutional Law
Statutory Law
(legislation)
Common Law
(“judge-made”; precedent-based)
Criminal Law: crimes vs. public order
Civil Law: relations between individuals
Judicial Review
A major power of the Supreme Court
SC has power to interpret the Constitution
Can declare laws unconstitutional
Established by the Marbury v. Madison ruling, 1803
Previously, the veto did this
Only a constitutional amendment, or a later SC ruling, can change this
Interpreting the Constitution
Two philosophies of judges:
Strict Constructionist
Judge is neutral
Bases decisions only on what is actually written or clearly implied in the Constitution.
“Original intent”
Activist
Judges should seek the principles behind parts of the Constitution
Interpret them for each particular case
Often the more liberal approach, though not necessarily so
Other Early Decisions of SC
Federal government is supreme over the state governments
Federal laws supreme over state laws
It took the Civil War!
The SC can strike down state acts
Roe v Wade; Brown v Board, etc.
Civil Liberties
Freedom of expression (including religious freedom).
Freedom from arbitrary arrest and prosecution.
Civil Rights
Citizenship rights, such as voting rights.
Freedom from unjust discrimination.
Natural Rights
Equality
Liberty
Consent
Civic Virtue
Freedom of expression:
Burden is on the government to justify restricting your speech or publication.
Ways the government is limited in its ability to constrain your freedom of expression:
Preferred position
No prior restraint
Imminent danger
Neutrality
Clarity
Least means
Types of speech not entitled to constitutional protection:
Libel
Fighting words
Obscenity/pornography
How to define?
Obscenity/Pornography
Miller vs. California, 1973:
Speech in question appeals to the prurient interest (excessively sexual).
Depicts or describes sexual conduct offensively.
Lacks serious value.
But this is all subjective!
Today: mostly regulated at the local level,
based on each community’s own standards.
Zoning laws
Freedom of Religion:
The courts have always interpreted the 1st Amendment as meaning “separation of church and state.”
Congress cannot ban religious practices, unless they are very harmful.
Confessions and Self-Incrimination
Originally, concern was for:
protection of citizens from severe police tactics.
Now, more concern for:
protecting citizens from their own ignorance.
1961: Mapp vs. Ohio
“exclusionary rule”
Illegally obtained evidence
1963: Gideon v. Wainwright
“If you cannot afford an attorney…”
1966: Miranda vs. Arizona
“You have the right to remain silent…”
Some rights are construed:
“Right to privacy”
Ex: Roe v. Wade decision, 1973
Equal Protection of the Laws
Laws classifying people are not necessarily unconstitutional.
Ex: Income tax brackets
It is wrong to discriminate based on unreasonable and invalid reasons.
Violates 14th Amendment- equal protection.
Discrimination by race was allowed until 1954
(Brown vs. Board)
Now, any law making racial distinctions is subject to “strict scrutiny” (Note: Overturning of Voting Rights
Act)
Beginning in 1964, Civil rights laws regulate private behavior regarding racial discrimination.
Gender discrimination?
Equal Rights Amendment (ERA)
Would have banned discrimination on the basis of gender.
Opposed by various groups.
Was not ratified.
Expired.
Does the majority always get its way?
Should it?
Individual rights and civil liberties:
Supersede “Majority Rule” and the “will of the majority”
The Federal Budget
Plan for how the US Government will pay its expenses each year.
Revenues
Money the US Government takes in each year
Income taxes, corporate taxes, borrowing
The Budget Deficit
The dollar amount in each budget that exceeds revenues for that year.
i.e. Money we spend that we don’t have.
We must borrow to make up the difference.
We borrow by selling Treasury Bonds (T-Bills).
Many are sold to Americans
Many are sold to Japan, China, etc.
The National Debt
The total amount we owe—
All the yearly deficits added together.
Over $11 trillion as of 2010.
Surplus
When revenues exceed expenses in a year’s budget.
(i.e. we take in more than we need to pay the bills)
Only happened in 1998-2001.
US National Debt:
09/29/1989 $2,857,430,960,187.32
09/28/1990 $3,233,313,451,777.25
09/30/1991 $3,665,303,351,697.03
09/30/1992 $4,064,620,655,521.66
09/30/1993 $4,411,488,883,139.38
09/30/1994 $4,692,749,910,013.32
09/29/1995 $4,973,982,900,709.39
09/30/1996 $5,224,810,939,135.73
09/30/1997 $5,413,146,011,397.34
09/30/1998 $5,526,193,008,897.62
09/30/1999 $5,656,270,901,615.43
09/29/2000 $5,674,178,209,886.86
09/28/2001 $5,807,463,412,200.06
09/30/2002 $6,228,235,965,597.16
09/30/2003 $6,783,231,062,743.62
09/30/2004 $7,379,052,696,330.32
09/30/2005 $7,932,709,661,723.50
03/20/2006 $8,348,224,303,886.34
09/30/2008 $10,024,724,896,912.49
09/30/2009 $11,909,829,003,511.75
09/30/2010 $13,561,623,030,891.79
05/11/2011 $14,254,987,358,888.73