American Government and Politics: Deliberation, Democracy, and Citizenship Chapter Sixteen Judiciary

Chapter Sixteen: Learning Objectives Explain why courts are so influential in the United States Describe the argument for judicial review, a power not explicitly mentioned in the Constitution

Chapter Sixteen: Learning Objectives Describe the structure and functioning of the federal court system Explain how the Supreme Court hears and decides cases Explain how the federal courts determine what kinds of cases they will hear

Chapter Sixteen: Learning Objectives Summarize how the Supreme Court has affected government and politics throughout American history Describe the key issues and arguments in the debate over judicial activism

Chapter Sixteen: Learning Objectives Explain how the American people or their elected officials have tried to check the power of the federal courts Discuss how the Supreme Court contributes to deliberative democracy in the United States

Introduction Why are the courts so influential? Because judges exercise judicial review Should justices practice judicial activism or follow strict construction by looking at the original intent of the founding fathers?

Introduction Petteway, Collection of the Supreme Court of the United States

Constitutional and Legal Foundations: The Case for an Independent Judiciary As Montesquieu argued, courts need to be independent of legislatures and executives if the lives and property of citizens were to be secure. While in the Articles of Confederation, there was no separate judiciary; the Constitution corrected that.

Constitutional and Legal Foundations: Constitution of 1787 Article III of the Constitution set forth an independent federal judiciary. The federal judiciary has both original jurisdiction and appellate jurisdiction. Franz Jantzen, Collection of the Supreme Court of the United States

Constitutional and Legal Foundations: Judiciary Act of 1789 Judiciary Act of 1789 Established district courts (U.S. District Courts) Established circuit courts (U.S. Courts of Appeal)

Constitutional and Legal Foundations: Judiciary Act of 1789 Source: accessed August 7, 2009.

Constitutional and Legal Foundations: Judicial Review The practice of judicial review by the Supreme Court began with Marbury v. Madison (1803). The use of judicial review has been controversial throughout American history.

Constitutional and Legal Foundations: Trial by Jury Trial by jury is another important principle of the American legal system. In Article III, trial by jury is guaranteed in federal criminal cases and the Seventh Amendment extends that right to federal civil cases.

The Structure and Functioning of the Federal Court System Federal court system structure 1. District Courts 2. Courts of Appeal 3. Supreme Court

The Structure and Functioning of the Federal Court System District Courts Trial courts that hear criminal and civil cases Federal prosecutor is the United States Attorney Plaintiff brings the suit, defendant is one sued Charges proved beyond a reasonable doubt

Myths and Misinformation The Meaning of “beyond a reasonable doubt” These words are not in the Constitution, but construed as an important element of due process. What does that concept really mean?

The Structure and Functioning of the Federal Court System Courts of Appeal Hear cases on appeal from district courts Appellant files brief, states legal error Appellee files brief, defends lower court decision Oral arguments held before judges

The Structure and Functioning of the Federal Court System Supreme Court Nine justices on the Court (number set in 1869) Led by chief justice No constitutional requirements to be a justice

The Structure and Functioning of the Federal Court System Supreme Court Hears cases on appeal by a writ of certiorari Rule of four to determine which cases to hear Amicus curiae briefs are one way for the Court to be influenced by outside parties

The Structure and Functioning of the Federal Court System Supreme Court decisions Opinion of the Court Majority opinion Dissenting opinion Concurring opinion When drafting decisions, justices rely on precedents and case law.

International Perspectives The International Criminal Court The ICC was created to prosecute “genocide, crimes against humanity, and war crimes.” Over 100 nations have ratified the treaty that established the ICC, but not the U.S.

The Structure and Functioning of the Federal Court System Special courts These courts have been created to deal with issues such as bankruptcy, international trade and customs and claims against the United States.

The Structure and Functioning of the Federal Court System Determining if a controversy exists requires considering four characteristics 1. Standing 2. Ripeness 3. Mootness 4. Political questions

The Courts and American Politics How has the Supreme Court influenced American politics throughout its history? The foundations for national power Race and reconstruction Limiting the power of the government to regulate the economy

The Courts and American Politics How has the Supreme Court influenced American politics throughout its history? Deferring to the political branches on economic matters The rights revolution The expansion of the remedial powers

The Courts and American Politics How has the Supreme Court influenced American politics throughout its history? The growing importance of state supreme courts The courts and the 2000 presidential election

The Continuing Debate Over Judicial Activism How much should the Supreme Court influence public policy? Should the modern Court base its constitutional interpretations on the “original intent,” or “original meaning,” of the Constitution?

The Continuing Debate Over Judicial Activism The debate at the founding Concerns over Court’s ability to interpret Constitution Judiciary was developed to be too weak to encroach on legislative power Legislature could impeach and remove judges

The Continuing Debate Over Judicial Activism The debate recurs Opposition to power of judicial review continued Challenge to national supremacy upheld by Court Court set forth its own ideas about economic policy and segregation issues

The Continuing Debate Over Judicial Activism The modern debate Concern that justices relying on “extra- constitutional values” Desire by some for justices to practice theory of originalism Debate over original intent and original meaning

Checking the Courts Justices are encouraged to exercise judicial self-restraint. How do judges exercise restraint? Through the cases they choose to hear Through practice of stare decisis

Checking the Courts Seven ways courts have been checked 1. Revising the laws 2. Amending the Constitution 3. Limiting the jurisdiction of the courts

Checking the Courts Seven ways courts have been checked 4. Changing the size of the Supreme Court 5. Impeaching and removing judges

Checking the Courts Seven ways courts have been checked 6. Refusing to enforce judicial decisions 7. Choosing certain kinds of judges

The Supreme Court and Deliberative Democracy Judges put a lot of effort into their decisions which inform the political deliberations of the nation. Justices must use reason and logic to influence other political actors. Theodor Horydczak, Collection of the Supreme Court of the United States

The Supreme Court and Deliberative Democracy How are the courts different? Courts do not represent public opinion Justices typically have less expertise than other branches in specific policy areas Courts don’t decide how to achieve common good through broad policy judgments

Deliberation, Citizenship, and You Empathy and the task of judging Should empathy or compassion be qualities we seek in judges? Why or why not?

Summary Through judicial review, courts have an significant impact on many issues Federal judiciary insulated from politics Few cases reach the Supreme Court Courts may influence deliberative democracy through opinions