2Roots 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.
3SUPREME COURT RULES BOTH SUPREME COURT LINKS BOTH CH 18 SUMTHE COURT SYSTEMDUAL COURT SYSTEMFEDERAL AND STATESSUPREME COURT RULES BOTHSUPREME COURT LINKS BOTH
4THE COURT SYSTEM THE COURT’S POWER JUDICIAL REVIEW CH 18 SUMTHE COURT SYSTEMTHE COURT’S POWERJUDICIAL REVIEWMARBURY V MADISON (1803)
5COURT OF APPEALS FOR THE FEDERAL CIRCUIT CH 18 SUMTHE COURT SYSTEMINFERIOR CONSTITUTIONAL COURTSDISTRICT COURTSCOURT OF APPEALSCOURT OF APPEALS FOR THE FEDERAL CIRCUIT
6SPECIAL (LEGISLATIVE) COURTS U.S. CLAIMS TERRITORIAL CH 18 SUMTHE COURT SYSTEMSPECIAL (LEGISLATIVE) COURTSU.S. CLAIMSTERRITORIALDISTRICT OF COLUMBIAMILITARY APPEALSTAX COURT
7(NOT SET BY CONSTITUTION) TERM OF OFFICE = LIFE RELEASE OPINIONS CH 18 SUMTHE COURT SYSTEMTHE U.S. SUPREME COURT9 MEMBERS(NOT SET BY CONSTITUTION)TERM OF OFFICE = LIFERELEASE OPINIONSMAJORITYCONCURRINGDISSENTING
14The Federal Courts Chapter 16 Edwards, Wattenberg, and Lineberry Government in America: People, Politics, and PolicyFourteenth EditionChapter 16The Federal Courts
15The Nature of the Judicial System Two 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.
16Participants in the Judicial System LitigantsPlaintiff—the party bringing the chargeDefendant—the party being chargedJury—the people (normally 12) who often decide the outcome of a caseLegal Standing have sustained or likely to sustain a direct injuryJusticiable disputes - a case must be capable of being settled as a matter of law.
19Groups Participants in the Judicial System Use the courts to try to change policiesAmicus Curiae briefs used to influence“friend of the court” briefs to raise additional points of view and information800,000 lawyers in United States todayLegal Services CorporationLawyers to assist the poorAccess to quality lawyers is not equal.
22The Structure of the Federal Judicial System District Courts (91 federal courts)Original Jurisdiction:Hear the case first and determine the facts - the trial courtCase Jurisdiction - deals with the following case types:Federal crimesCivil suits under federal law and across state linesSupervise bankruptcy and naturalizationReview some federal agenciesAdmiralty and maritime law casesSupervision of naturalization of aliens
23Courts of AppealAppellate JurisdictionReviews legal issues in cases from lower courtsHold no trials and hear no testimony12 circuit courtsU.S. Court of Appeals for the Federal Circuit – specialized casesFocus on errors of procedure and law
259 justices – 1 Chief Justice, 8 Associate Justices The Supreme CourtEnsures uniformity in interpreting national laws, resolves conflicts among states and maintains national supremacy in law9 justices – 1 Chief Justice, 8 Associate JusticesSupreme Court decides which cases it will hear—controls its own agendaSome original jurisdiction, but mostly appellate jurisdictionMost cases come from the federal courtsMost are civil cases
28SELECTING FEDERAL JUDGES Presidents nominates, Senate ConfirmsUse of senatorial courtesy.Competence, use of ABA ratings.Ideology or policy preferences.Rewards or political support.Religion, race, ethnicity, and gender.
29The Supreme CourtFewer constraints on president to nominate persons to Supreme CourtPresident relies on attorney general and DOJ to screen candidates1 out of 5 nominees will not make itPresidents 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
32The Backgrounds of Judges and Justices Characteristics:Generally white males – Less recentlyLawyers with judicial and political experienceOther Factors:Generally of the same party and ideology as the appointing presidentJudges and justices may not rule the way presidents had hoped they would have.
39Making DecisionsOral arguments heard by the justicesJustices discuss the caseOne justice will write the majority opinionDissenting opinionsWritten by justices who oppose the majority.Concurring opinionsSupport of the majority- stress a different legal basis.Stare decisisLet previous decision stand unchangedPrecedentHow similar past cases were decidedMay be overruledOriginal Intent- the idea that the Constitution should be viewed according to the original intent of the framers
41The Courts as Policymakers Judicial implementationHow and whether court decisions are translated into actual policy.Must rely on others to carry out decisions
42CHECKS ON THE POWER OF THE COURT LACK OF ENFORCEMENT(NO JUDICIAL POLICE)(PRESIDENT ANDREW JACKSON)SENATE MUST OK JUDGESCONGRESS CAN IMPEACH JUDGESCONGRESS CAN CHANGE # OF JUDGESLAWS CAN BE REWRITTENTHE CONSTITUTION CAN BE AMENDED
43The Courts and the Policy Agenda A Historical ReviewJohn Marshall and the Growth of Judicial ReviewMarbury v. Madison (1803) established judicial review—courts determine constitutionality of acts of CongressThe “Nine Old Men” (New Deal)The Warren CourtThe Burger CourtThe Rehnquist Court
44ERAFEDERAL-STATE RELATIONSMcCULLOCH v MARYLAND (1819)SLAVERYDRED SCOTT v SANDFORD(1857)
45JOHN MARSHALL 4TH CHIEF JUSTICE OF THE U.S. SUPREME COURT (1801-1835)
46ERAGOV’T - ECONOMY RELATIONSHIPFOR PRIVATE PROPERTY RIGHTSLAISSEZ-FAIRE CAPITALISMFOR STATE REGULATION RIGHTS
47PROTECTION OF PERSONAL LIBERTIES???LIMITS OF GOVERNMENT POWER ???PROTECTION OF SOCIETY ???
51JOHN ROBERTS CHIEF JUSTICE 2005 - ???? (CONSERVATIVE)(GEORGE W BUSH)
52Understanding the Courts The Courts and DemocracyCourts are not very democratic.Not electedDifficult to remove judges and justicesThe 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.
53What Courts Should Do: The Scope of Judicial Power Judicial restraint: judges should play a minimal policymaking roleJudicial activism: judges should make bold policy decisions and even chart new constitutional groundStatutory construction: the judicial interpretation of an act of Congress
54STRICT CONSTRUCTIONIST APPROACH (THE LETTER OF THE LAW) V ACTIVIST APPROACH ORLOOSE CONTRUCTIONALIST APPROACH(THE SPIRIT OF THE LAW)(JUDICIAL LEGISLATION)
56SummaryJudicial 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.
58THEME "B" - THE SUPREME COURT IN ACTION CH 14 - THE JUDICIARYTHEME "B" - THE SUPREME COURT IN ACTIONUSSC DECIDES WHICH CASES TO HEARAPPEALATE JURISDICTIONFROM OTHER COURTS“THE RULE OF FOUR”ORIGINAL JURISDICTION
61THEME "B" - THE SUPREME COURT IN ACTION CH 14 - THE JUDICIARYTHEME "B" - THE SUPREME COURT IN ACTIONORAL ARGUMENTSPRESENTED FOR SOME CASES30 MINUTES FOR EACH SIDEJUSTICES ASK QUESTIONSAT ANYTIME
62THEME "B" - THE SUPREME COURT IN ACTION CH 14 - THE JUDICIARYTHEME "B" - THE SUPREME COURT IN ACTIONJUSTICES MEET IN SECRETDISCUSSVOTEOPINION ASSIGNED
63THEME "B" - THE SUPREME COURT IN ACTION CH 14 - THE JUDICIARYTHEME "B" - THE SUPREME COURT IN ACTIONOPINIONS ARE WRITTEN AND RELEASEDMAJORITYABOUT 1/3 ARE UNANIMOUSCONCURRINGDISSENTING
64THE POWER OF JUDICIAL REVIEW COURTS = MORE POWERFUL CH 14 - THE JUDICIARYTHEME "C" - THE POWER OF THE FEDERAL JUDICIARYCOURTS PLAY A LARGE ROLE IN PUBLIC POLICYTHE POWER OF JUDICIAL REVIEWCOURTS = MORE POWERFULINCREASED ROLE OF GOV’T
67AP CH 14 - THE JUDICIARY IMPORTANT TERMS-SET 1- PART A ACTIVIST APPROACHAMICUS CURIAEAPPELLATE JURISDICTIONBLOC VOTINGCIVIL LAWCLASS-ACTION SUITCONSTITUTIONAL COURTCRIMINAL LAWDIVERSITY CASESDRED SCOTT v STANFORD
68AP CH 14 - THE JUDICIARY IMPORTANT TERMS-SET 1- PART B FEE SHIFTINGFRIDAY CONFERENCEJUDICIAL REVIEWPOLITICAL QUESTIONSENATORIAL COURTESYSOLICITOR GENERALSTANDINGSTRICT-CONSTRUCTIONALISTSTARE DECISISWRIT OF CERTIORARI
69AP CH 14 - THE JUDICIARY IMPORTANT TERMS-SET 2-PART A ACTIVIST APPROACH (JUDICIAL)BRIEFCONCURRENT OPINIONCOURTS OF APPEALDISSENTING OPINIONDISTRICT COURTFEDERAL QUESTION CASES
70AP CH 14 - THE JUDICIARY IMPORTANT TERMS-SET 2-PART B IN FORMA PAIPERISLEGISLATIVE COURTLITMUS TESTOPINION OF THE COURTPER CURIAM OPINIONPLAINTIFFSOVEREIGN IMMUNITYSTRICT CONSTRUCTIONALIST APPROACH
71AP CH 14 - THE JUDICIARY OBJECTIVES – 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.
72AP CH 14 - THE JUDICIARY OBJECTIVES – 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?
73AP CH 14 - THE JUDICIARY QUESTIONS 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?
74AP CH 14 - THE JUDICIARY QUESTIONS (CON’T) 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?