STRUCTURE OF THE FEDERAL JUDICIARY Ryan D. Williamson 5 March 2015

Objective Describe the structure of the federal judiciary and the appointment process.

Constitutional Basis Article III establishes the Supreme Court Checked by Congress and the President President appoints Senate gives “advice and consent” Confirmation Senatorial courtesy Congress funds the Courts

Federal Court Structure Judiciary Act of 1789 created lower courts District courts are the lowest level Circuit courts of appeal about them Amendments expanded this structure 94 federal district courts Organized into 13 circuits Each circuit has a court of appeal

Federal Appeals Courts Circuits

State Courts and the Electoral Connection Separate hierarchy from federal courts Many states elect judges and prosecutors Georgia elects judges in nonpartisan elections

Establishing Judicial Power Little in the Constitution regarding judicial checks on other branches Closest clause: Article III, Section 2 extends judicial power to all cases “arising under the Constitution.” Powers established over time Judicial review Supremacy of federal courts

Marbury v. Madison (1803) Judiciary Act of 1789 also allowed federal officials to ask court for a writ of mandamus Midnight appointments Court in a vulnerable position A ruling for Marbury would likely be ignored A ruling against Marbury would confirm subordinate status Clever opinion written by Marshall established the procedure of judicial review.

Supremacy of Federal Courts and Federal Law Marshall also asserted federal court supremacy over state low and courts: McCullock v. Maryland A state cannot tax the national bank Gibbons v. Ogden Congress can regulate interstate commerce Supreme Court as “Court of Last Resort” Resolves conflicts between the states and national government, different branches, and parties or candidates

Questions?

JUDICIAL DECISION MAKING

Objectives Describe the appeals process, including the Supreme Court’s process of hearing an appeal. Argue whether the Supreme Court should rule by ideology or precedent.

The Appeals Procedure in the State and Federal Systems

Common Law and Legal Precedent The U.S. operates largely under a common law system Higher-level courts set legal precedents Stare decisis Overturning of precedent Common law used in Britain as well Many other countries have a civil law system

The Path of a Supreme Court Case Deciding what cases to hear The “rule of four” and writ of certiorari Court receives about 8,000 petitions a year and takes fewer than 80 cases Often pick cases where lower court decisions are at odds Lower court ruling stands if the Supreme Court doesn’t take the case

The Path of a Supreme Court Case Once a case is granted cert the two sides submit briefs Others also submit briefs as amicus curiae Oral arguments allow each side to make its case before the Court Justices meet in private conference Discuss case and opinion writing

The Path of a Supreme Court Case

Judicial Decision Making More AutonomyLess Autonomy Attitudinal Model Strategic Model Legal Model

Supreme Court Justices’ Ideologies

Minority Rights versus Majority Rule Minority groups historically have turned to the courts to help overturn discriminatory laws Fighting of Jim Crow laws in the South Courts can protect rights and liberties Often courts follow public opinon

Restraint versus Activism Categorize judges based on their philosophical approach to the law Strict constructivism & judicial restraint Judicial activism Judiciary is the least political branch, but still deeply political Today activism can be seen by both liberal and conservative justices

Politics of Judicial Appointments Appointments have become more contentious and confirmations have slowed down The more ideological the nominee, the more contentious Judicial appointments are a way for presidents to leave a legacy

Questions?

For next time… March 10: Spring Break March 12: Spring Break March 17: No class March 19: Kollman Chapter 7 March 24: Quiz 3/ Bullock & Gaddie Chapter 14/ Review March 26: Exam Two