Supreme Court and Lower Courts
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Judicial Review
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Supreme court has right to declare acts of Congress
unconstitutional
Power to determine the constitutionality of a government
action
Limited Government
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“Constitutionalism”
 Government itself must obey the law
 Every public official, every public agency at every level in this
country is bound to follow principle of limited government
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Checks and Balances
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Independence of the federal judiciary
Appointed by Executive branch, confirmed by Senate
Serve for life –”during good behavior”
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William Marbury had been commissioned by
Federalists (John Adams) midnight appointments
to a justice of the peace position
Jefferson (Democratic-Republicans)
 held executive/legislative branches
 refused to honor appointments-Marbury took issue to
Court
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Marshall Court declared that Judiciary Act
(Congress) violated Article III Section 2 and
therefore was unconstitutional
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Marbury could not get appointment because he based his
argument on unconstitutional law
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In US there are two separate court systems
National Judiciary—Constitutional Courts/
Regular Courts/Article III Courts
Supreme Court (1)
 Courts of Appeals (12)
 District Courts (94)
 US court of International Trade
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State courts
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Majority of cases get heard hear
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Trial Courts
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Civil
Criminal
State courts
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found in counties
Appeals courts
 Lead to State Supreme Courts
 Then can lead to Federal Supreme Court
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Municipal Courts
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City courts
 Handle items like traffic issues, city ordinances
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Limited Jurisdiction courts
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Juvenile courts, Family courts, small claims court
General Jurisdiction courts (Superior courts)
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These courts do not exercise “broad judicial
power of the United state”---they exist as
“tribunals inferior to Supreme Court”
Hear narrow range of cases
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US Court of Federal Claims
Territorial Courts (Guam, virgin islands, Northern
Marianas)
US Tax Court
Courts of the District of Columbia
US court of Appeals for the Armed Force
US court of Appeals for Veterans Claims
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Subject Matter
The interpretation of Constitution, federal statute, treaty
 Questions of admiralty law
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Parties involved in the Case
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US, its officers, its agencies
An ambassador, consul or other official representative of
foreign government
One of 50 states suing a citizen, another state or a foreign
government
A citizen of one state suing citizen of another state
US citizen suing a foreign govt. or a foreign subject
Land grant issues involving citizens from different states
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Authority of courts to hear cases
Federal courts have jurisdiction in cases of
federal law, treates and interpretation of
Constitution
Original jurisdiction
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Lower courts hear cases for 1st time
In federal system district courts and Supreme Court
(limited) where trials are conducted, evidence
presented, juries determine outcome
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Appellate jurisdiction
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Review or appeals of decisions
Court of Appeals and Supreme Court have appellate
jurisdiction
Concurrent jurisdiction
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Certain types of court cases to be tried can be tried n
either the federal or state courts
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Incredibly large number of appointments in
lower courts
Senatorial courtesy
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Practice of allowing individual senators who
represent the states where the district is located to
approve or disapprove potential nominees
Traditionally has been used to make appointments
to District Courts
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Party affiliation
Judicial philosophy
Race, gender, religion, region
Judicial experience
Litmus test
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Test of ideological purity toward a liberal or
conservative stand
Acceptability
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Noncontroversial for appointment purposes
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Term of Supreme Court begins
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1st Monday in October
Acceptance of Cases
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Rule of four
 Four of the nine justices must agree to hear the case
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Brief orders
 This is when an accepted case is returned to the lower court for
reconsideration because of a related case that was recently decided
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Writ of certiorari
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Order by Court (when petitioned) directing a lower court to send
up records of a case for review—interpret law, decide a
constitutional question
Certificate
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A lower court may ask Supreme Court about a rule of law or
procedures in specific cases
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Brief
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Amicus Curiae briefs
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Once case reaches the Court, lawyers file a “brief”
Detailed statement of facts of case supporting particular
position by presenting arguments based on relevant facts
and citations from previous cases
“friends of the court”
Support or reject arguments of the case
Oral arguments
Both sides present positions to justices during 30 minute
period
 Justices may interrupt with questions or challenging
points of law
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The decision of the Court in a written statement
Majority Opinion
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Concurring Opinion
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Justice agrees with majority opinion BUT NOT with
reasoning behind decision
Dissenting Opinion
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Majority of justices agree on decision and its reasons
Justice (s) who disagree with the majority opinion
Majority opinions often become precedents

Standards or guides followed in deciding similar cases in
the future
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New Deal Era
Congress passed numerous laws that were later declared
unconstitutional
 FDR attempted “court packing” plan
 2 justices /Chief Justice Charles E. Hughes and Associate
Justice Owen Roberts began voting in favor of New Deal
legislation “ the switch in time to save nine”
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Warren Court (1953-1969)
“the most liberal court ever”
 Chief Justice Earl Warren heard cases
 Brown v. Board..(1954)/Gideon v. Wainwright
(1963)/Miranda v. Arizona (1966)
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Burger Court (1969-1986)
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Chief Justice Warren Burger (Nixon appointee)
Conservative ideology in regards to narrowing rights of
defendants
Roe v. Wade (1973)/ U.S. v. Nixon (19740
 Abortion constitutional /executive privilege over information in
criminal cases not constitutional

Regents of the University of CA v. Bakke ( 1978)
 Quotas unconstitutional /affirmative action constitutional
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Rehnquist and Roberts Courts
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Conservative ideology
Limit but not reverse decisions on defendants’ rights to
abortion
2007 Robert’s Court upheld decision in federal Partial-Birth
Abortion Act of 2003
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Strict Constructionist
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Loose Constructionist
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Limits or restricts judicial interpretation/apply text only
as spoken
Allows inference in regards to text of Constitution or law
Judicial Activism
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Judicial intervention
 Court should play an active role in determining national
policies
 Apply Constitution to social and political questions
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Judicial Restraint
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Avoid taking initiative on social and political questions
Operate strictly within the limits of the Constitution and
uphold acts of Congress