The Federal Courts Chapter 16

A Dual Court System State Courts Hear most of the country’s cases Hear civil and criminal cases about state laws and state constitutions Cases not under federal jurisdiction Federal Courts Interprets and applies the constitution, federal laws and treaties Cases that arise on the high seas Cases that involve certain parties

Those certain Parties… between the US vs state, two or more states, citizens of different states, or state vs foreign country

Jurisdiction of Federal Courts Original Jurisdiction- first court to hear the case District courts have original jurisdiction Supreme Court has some original jurisdiction-- cases involving foreign diplomats or when the State is a party

Appellant Jurisdiction Cases heard on appeal from lower courts, regulatory agencies or from State Supreme Courts on federal issues Constitutional Courts 94 district courts (hear most of the federal cases- 80%) 12 Courts of Appeal Circuits- Gate keepers 1 Court of Appeals for Federal Circuit 1 US Court of International Trade 1 Supreme Court

The Structure of the Federal Court System Figure 16.1

Appointment of Judges Constitutional Courts Appointed by President and confirmed by the Senate Serves a life term Removed by impeachment Salaries cannot be reduced Legislative Courts Appointed by President, confirmed by Senate and serves a fixed term

President’s most lasting legacy Senatorial courtesy- Right of home state senator to reject Presidents will pick judges that: share his ideology partisanship competent and high ethical behavior held high administrative or judicial positions

Nominee’s Characteristics Acceptability to Senate Age Competent (ABA rating) Gender Issue orientation (litmus test) Partisan Identification Patronage Race/ethnicity Region Religion Role (activist/restrain) Reputation (ethics, education, character

Outside Influence on Selection Interest Groups Media/Advertisement Campaign Contributions to Senators or White House Mail-ins OP/ED pieces Lobbying Senate, Senate Judiciary Committee, White House Protests Ratings

Supreme Court Demographics A Very Exclusive Body 112 Members 4 Females 110 Whites 93 Protestants 6 Immigrants First Catholic-1835 First Jew- 1916 First African American- 1967 First Woman-1981 First Court to be composed of all law school graduates-1957 First Italian American- 1986 First Hispanic- 2009

Profile of Judges Republican judges are more conservative in their opinions than democratic judges. Justices who were prosecutors are not sympathetic of the rights of the defendants. Women judges are not more lenient than male judges. Number of minority judges are too small to make any generalizations.

Judicial Review Marbury v Madison, 1803 The power to decide on the constitutionality of acts of Congress and actions of the president. Supreme Courts has great power as the arbiter of disputes between states and federal government.

How cases reach the Supreme Court Petition for a Writ of Certiorari Rule of Four About 8,000 cases are appealed to the Supreme Court every year Justices have almost complete control over their caseload Only about 75 cases will be accepted

Court at Work Briefs- written legal arguments Oral arguments- each side 30 minutes Solicitor general- argues cases for the federal government and decides what cases to appeal (10th justice) Conference Opinions Majority, concurring, dissenting

Selecting Cases Substantial Federal issue Involves civil liberties or civil rights Conflicts between Courts of Appeals Disagreement between majority of Supreme Court and lower courts decisions Must be a justiciable dispute Standing to sue Court is least likely to use constitution to settle cases Voids cases dealing with the “Doctrine of political questions”

Deciding cases Judicial Activism- liberal construction Judges make bold policy decisions, chart new constitutional grounds, correct the needs not meet by majoritarian process. Judicial restraint- strict construction Judges play a minimal policy making role and uses original intent of founding fathers Court Activism- striking down acts of Congress as unconstitutional

Deciding Cases… Court rarely decides cases in opposition to public opinion and during times of critical elections the court is in line with the majority (Funston).

Court and Pluralism Groups will use litigation to achieve policy objectives. Almost every major policy decision ends up in court. Always turning to the courts will result policy delays, gridlock and inconsistencies. Interest groups can always find judges that will rule in their favor. Democratic theorists criticizes the courts because they are not representative of the people or majority of public opinion.

Latin Terms Per Curiam decision- decision without explanation Amicus Curiae- Friends of the Court Stare decisis- Let the decision stand (precedent) In Forma Pauperis- in the form of a pauper (Allows poor people to appeal their cases to the Supreme Court- Gideon vs Wainwright)