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CHAPTER 16. THE JUDICIAL SYSTEM. Roots of the Federal Judiciary. Hamilton called it “the least dangerous branch.” Little on the judiciary in the constitution. Creates high Court, Congress establishes others. Judges have life tenure with good behavior. - PowerPoint PPT Presentation
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CHAPTER 16
THE JUDICIAL SYSTEM
Roots of the Federal Judiciary
Hamilton called it “the least dangerous branch.”
Little on the judiciary in the constitution.
Creates high Court, Congress establishes others.
Judges have life tenure with good behavior.
Congress can alter the Court’s jurisdiction.
Constitution is silent on judicial review.
DUAL COURT SYSTEMFEDERAL AND STATESSUPREME COURT RULES BOTHSUPREME COURT LINKS BOTH
CH 18 SUM
THE COURT’S POWER
JUDICIAL REVIEW
MARBURY V MADISON (1803)
CH 18 SUM
INFERIOR CONSTITUTIONAL COURTS
• DISTRICT COURTS
• COURT OF APPEALS
• COURT OF APPEALS FOR THE
FEDERAL CIRCUIT
CH 18 SUM
SPECIAL (LEGISLATIVE) COURTS
• U.S. CLAIMS
• TERRITORIAL
• DISTRICT OF COLUMBIA
• MILITARY APPEALS
• TAX COURT
CH 18 SUM
THE U.S. SUPREME COURT9 MEMBERS
(NOT SET BY CONSTITUTION)TERM OF OFFICE = LIFE
RELEASE OPINIONSMAJORITYCONCURRINGDISSENTING
CH 18 SUM
THEMIS
BLIND JUSTICE
SCALES&
SWORD
THE U.S. SUPREME COURT BUILDING
LOCATION OF THEU.S. SUPREME COURT
BUILDING
• Chief Justice – John Roberts
• Associate Justices– Samuel Alito– Stephen Breyer– Ruth Bader Ginsberg– Elena Kagan– Anthony Scalia– Sonia Sotomayor– Clarence Thomas
2010 Supreme Court Official Photo
The Federal Courts
Chapter 16
Edwards, Wattenberg, and LineberryGovernment in America: People, Politics, and Policy
Fourteenth Edition
The Nature of the Judicial SystemTwo types of cases:
Criminal Law: The government charges an individual with violating one or more specific laws.
Civil Law:The court resolves a dispute between two parties and defines the relationship between them.
Most cases are tried and resolved in state, not federal courts.
Participants in the Judicial SystemLitigants
Plaintiff—the party bringing the charge
Defendant—the party being chargedJury—the people (normally 12) who often decide the outcome of a case
Legal Standing have sustained or likely to sustain a direct injury
Justiciable disputes - a case must be capable of being settled as a matter of law.
Participants in the Judicial System
GroupsUse the courts to try to change policiesAmicus Curiae briefs used to influence “friend of the court” briefs to raise additional points of view and information
800,000 lawyers in United States todayLegal Services Corporation
Lawyers to assist the poorAccess to quality lawyers is not equal.
Back
The Structure of the Federal Judicial System
District Courts (91 federal courts)Original Jurisdiction:
Hear the case first and determine the facts - the trial court
Case Jurisdiction - deals with the following case types:Federal crimesCivil suits under federal law and across state lines
Supervise bankruptcy and naturalizationReview some federal agenciesAdmiralty and maritime law casesSupervision of naturalization of aliens
Courts of AppealAppellate Jurisdiction
Reviews legal issues in cases from lower courts
Hold no trials and hear no testimony
12 circuit courts
U.S. Court of Appeals for the Federal Circuit – specialized cases
Focus on errors of procedure and law
The Supreme CourtEnsures uniformity in interpreting national
laws, resolves conflicts among states and maintains national supremacy in law
9 justices – 1 Chief Justice, 8 Associate JusticesSupreme Court decides which cases it will hear—controls its own agenda
Some original jurisdiction, but mostly appellate jurisdiction
Most cases come from the federal courts
Most are civil cases
SELECTING FEDERAL JUDGES
Presidents nominates, Senate Confirms
Use of senatorial courtesy.
Competence, use of ABA ratings.
Ideology or policy preferences.
Rewards or political support.
Religion, race, ethnicity, and gender.
The Supreme CourtFewer constraints on president to
nominate persons to Supreme Court
President relies on attorney general and DOJ to screen candidates
1 out of 5 nominees will not make it
Presidents with minority party support in the Senate will have more difficulty.
Chief Justice can be chosen from a sitting justice, or as a new member to the Court
CONFIRMATION IS A POLITICAL PROCESS
The Backgrounds of Judges and Justices
Characteristics:Generally white males – Less recentlyLawyers with judicial and political
experience
Other Factors:Generally of the same party and
ideology as the appointing president
Judges and justices may not rule the way presidents had hoped they would have.
Back
The Courts as PolicymakersAccepting Cases
Use the “rule of four” to choose casesIssues a writ of certiorari to call up the
caseSupreme Court accepts few cases each
year
Making DecisionsOral arguments heard by the justicesJustices discuss the caseOne justice will write the majority opinion
Dissenting opinions Written by justices who oppose the majority.
Concurring opinions Support of the majority- stress a different legal basis.
Stare decisis Let previous decision stand unchanged
Precedent How similar past cases were decidedMay be overruled
Original Intent- the idea that the Constitution should be viewed according to the original intent of the framers
The Courts as PolicymakersJudicial implementation
How and whether court decisions are translated into actual policy.
Must rely on others to carry out decisions
CHECKS ON THE POWER OF THE COURT
• LACK OF ENFORCEMENT(NO JUDICIAL POLICE) (PRESIDENT ANDREW JACKSON)
• SENATE MUST OK JUDGES• CONGRESS CAN IMPEACH JUDGES• CONGRESS CAN CHANGE # OF JUDGES• LAWS CAN BE REWRITTEN• THE CONSTITUTION CAN BE AMENDED
The Courts and the Policy Agenda• A Historical Review
– John Marshall and the Growth of Judicial Review•Marbury v. Madison (1803) established judicial review—courts determine constitutionality of acts of Congress
– The “Nine Old Men” (New Deal)– The Warren Court– The Burger Court– The Rehnquist Court
1787-1861 ERAFEDERAL-STATE RELATIONS
McCULLOCH v MARYLAND (1819)
SLAVERYDRED SCOTT v SANDFORD(1857)
JOHNMARSHAL
L
4TH
CHIEFJUSTICE OF THE
U.S.SUPREME
COURT(1801-1835)
1862-1937 ERAGOV’T - ECONOMY RELATIONSHIPFOR PRIVATE PROPERTY RIGHTSLAISSEZ-FAIRE CAPITALISMFOR STATE REGULATION RIGHTS
1938-2000PROTECTION OF PERSONAL LIBERTIES
2000 - ???LIMITS OF GOVERNMENT POWER ???PROTECTION OF SOCIETY ???
EARLWARREN
CHIEFJUSTICE
1953-1969
(LIBERAL)(NIXON)
WILLIAMREHNQUIS
T
CHIEFJUSTICE
1986-2005
(CONSERVATIVE)
(REAGAN)
JOHNROBERTS
CHIEFJUSTICE
2005 - ????
(CONSERVATIVE)
(GEORGE W BUSH)
Understanding the CourtsThe Courts and Democracy
Courts are not very democratic.Not electedDifficult to remove judges and justices
The courts often reflect popular majorities.
Groups are likely to use the courts when other methods fail, which promotes pluralism.
There are still conflicting rulings leading to deadlock and inconsistency.
What Courts Should Do:The Scope of Judicial Power
Judicial restraint: judges should play a minimal policymaking role
Judicial activism: judges should make bold policy decisions and even chart new constitutional ground
Statutory construction: the judicial interpretation of an act of Congress
STRICT CONSTRUCTIONIST APPROACH
(THE LETTER OF THE LAW)V
ACTIVIST APPROACH OR LOOSE CONTRUCTIONALIST
APPROACH(THE SPIRIT OF THE LAW)(JUDICIAL LEGISLATION)
SummaryJudicial policymaking and implementation
occur in lower federal and state courts.
Many important questions are heard by the courts.Much decision making is limited by
precedent.
Even the unelected courts promote democratic values.
USSC DECIDES WHICH CASES TO HEARAPPEALATE JURISDICTION
FROM OTHER COURTS“THE RULE OF FOUR”
ORIGINAL JURISDICTION
ORAL ARGUMENTS
PRESENTED FOR SOME CASES
30 MINUTES FOR EACH SIDE
JUSTICES ASK QUESTIONS
AT ANYTIME
JUSTICES MEET IN SECRETDISCUSSVOTEOPINION ASSIGNED
OPINIONS ARE WRITTEN AND RELEASED
MAJORITYABOUT 1/3 ARE
UNANIMOUS
CONCURRING
DISSENTING
COURTS PLAY A LARGE ROLE IN PUBLIC POLICY
THE POWER OF JUDICIAL REVIEWCOURTS = MORE POWERFUL
INCREASED ROLE OF GOV’T COURTS = MORE POWERFUL
AP CH 14 - THE JUDICIARYIMPORTANT TERMS-SET 1- PART
AACTIVIST APPROACHAMICUS CURIAEAPPELLATE JURISDICTIONBLOC VOTINGCIVIL LAWCLASS-ACTION SUITCONSTITUTIONAL COURTCRIMINAL LAWDIVERSITY CASESDRED SCOTT v STANFORD
FEE SHIFTINGFRIDAY CONFERENCEJUDICIAL REVIEWPOLITICAL QUESTIONSENATORIAL COURTESYSOLICITOR GENERALSTANDINGSTRICT-CONSTRUCTIONALISTSTARE DECISISWRIT OF CERTIORARI
AP CH 14 - THE JUDICIARYIMPORTANT TERMS-SET 1- PART
B
AP CH 14 - THE JUDICIARYIMPORTANT TERMS-SET 2-PART
AACTIVIST APPROACH
(JUDICIAL)BRIEFCONCURRENT OPINIONCOURTS OF APPEALDISSENTING OPINIONDISTRICT COURTFEDERAL QUESTION CASES
IN FORMA PAIPERISLEGISLATIVE COURTLITMUS TESTOPINION OF THE COURTPER CURIAM OPINIONPLAINTIFFSOVEREIGN IMMUNITYSTRICT CONSTRUCTIONALIST
APPROACH
AP CH 14 - THE JUDICIARYIMPORTANT TERMS-SET 2-
PART B
AP CH 14 - THE JUDICIARYOBJECTIVES – PAGE 1
1-EXPLAIN WHAT JUDICIAL REVIEW IS, AND TRACE ITS ORIGIN IN THIS COUNTRY TO MARBURY v MADISON.
2-LIST AND COMMENT ON THE THREE ERAS OF VARYING SUPREME COURT INFLUENCES ON NATIONAL POLICY SINCE THE DAYS OF SLAVERY.
AP CH 14 - THE JUDICIARYOBJECTIVES – PAGE 2
3-EXPLAIN WHAT IS MEANT BY A DUAL COURT SYSTEM AND DESCRIBE THE EFFECTS IT HAS ON HOW CASES ARE HANDLED AND APPEALED.
4-LIST THE VARIOUS STEPS THAT CASES GO THROUGH TO BE APPEALED TO THE SUPREME COURT.
5-SHOULD THE SUPREME COURT BE “ACTIVIST” BY NATURE?
AP CH 14 - THE JUDICIARYQUESTIONS
1-WHAT HAS BEEN THE HISTORY OF THE COURT’S VIEW ON ECONOMIC REGULATION?
2-WHAT WAS ROOSEVELT COURT-PACKING PLAN? WHAT DOES IT SUGGEST ABOUT THE SUPREME COURT AND OTHER BRANCHES OF GOVERNMENT?
3-HOW WOULD YOU DESCRIBE THE CULTURE OF THE SUPREME COURT?
4-IS THE SUPREME COURT A POLITICAL INSTITUTION? SHOULD IT BE? EXPLAIN BOTH ANSWERS.
5-IS THE POWER OF THE JUDICIARY LIMITED BECAUSE THEY LACK THE POWER OF THE SWORD AND THE POWER OF THE PURSE?
6-WHAT ARE THE CHECKS ON THE POWER OF THE JUDICIARY BRANCH? ARE THEY EFFECTIVE?
AP CH 14 - THE JUDICIARYQUESTIONS (CON’T)
