Courts in the American Political System

Courts Serve a Number of Broad Functions  Interpretation of Statutory and Administrative Law  Development and Interpretation of Common Law  Interpretation of Constitutional Law (Judicial Review) Marbury v. Madison (1803)

Structure of the Court System

Jurisdictions and Powers  Original jurisdiction  Appellate Jurisdiction  Criminal/civil/administrative cases

Jurisdictions of Federal Courts  Supreme Court: Appellate and Original  U.S. Courts of Appeal: Appellate  U.S. District Courts & Specialized Federal Courts: Original

Are the Courts too Powerful?  Criticisms are usually based on the Court’s structure and goals Method of Selection Term of appointment Anti-majoritarian  But Framers viewed the courts as the “least dangerous branch” Constitution had little to say about courts Other Branches have significant control Nature of judicial power limits the scope of that power

How Do Cases get to the Supreme Court?  Original Jurisdiction  Cases come from U.S. Appeals Court or from State Supreme Court.  Petitioners (losers at the lower level) file a writ of certiorari Very few writs are granted

 Some factors influence the likelihood of being granted a writ of certiorari Case involves a fundamental civil rights or civil liberties question U.S. Government is the appellant Lower court decision was ideologically liberal A high number of amicus curiae briefs

Judicial Selection  Presidential appointment, Senate confirmation Senatorial Courtesy  Influences on Judicial Appointments Representational qualifications Professional qualifications Doctrinal qualifications

Influence on Judicial Decision Making  The Law: stare decisis (precedent)  Personal policy preferences Ideology Activism v. Restraint  Other members of the court  Political environment