1. American Government M1138 (Calda)
Unit 6: Judiciary
American Studies IMS
Charles U, Prague
M1138 American Government

2. Judiciary in the U.S. Constitution, Article III (1)
Section 1-- The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section 2-- The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority… to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States...
and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
M1138 American Government

3. Judiciary in the U.S. Constitution, Article III (2)
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury...
Section 3-- Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
M1138 American Government

4. Marbury vs. Madison: Judicial Review
(Feb. 24, 1803), U.S. Supreme Court decision, the first instance in which the high court declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review.
The Supreme Court's conflict with President Jefferson and the Republican Congress after Secretary of State Madison, on Jefferson's orders, withheld from William Marbury the commission of his appointment (March 2, 1801), by former President Adams, as justice of the peace in the District of Columbia.
Marbury--one of the "midnight appointments" requested the Supreme Court to issue a writ of mandamus /command in writing/ compelling Madison to deliver his commission.
In denying his request, the Court held that it lacked jurisdiction because Section 13 of the Judiciary Act passed by Congress in 1789, which authorized the Court to issue such a writ, was unconstitutional and thus invalid.
Chief Justice Marshall declared that in any such conflict between the Constitution and a law passed by Congress, the Constitution must always take precedence.
M1138 American Government

5. Judicial Review
the power of the federal courts to declare federal, state, and local laws invalid if they violate the Constitution
The supremacy of federal laws or treaties when they conflict with state and local laws
The role of the Supreme Court as the final authority on the meaning of the Constitution
Alexander Hamilton: the judiciary would be the weakest of the three branches of government because it lacked „the strength of the sword or the purse“ (Federalist 78)
The judiciary has „neither FORCE nor WILL, but only judgment“.
Life tenure frees the judiciary from executive and legislative control.
checks on the Supreme Court: constitutional amendments, impeachment.
M1138 American Government

6. System of Courts in the U.S.
Federal:
U.S. district courts; 94 of them, the total of around 600 judges cases p.a.>
U.S. courts of appeals, 13 of them -- 36,000 cases >
U.S. Supreme Court -- receives ca petitions and appeals, issues approx. 140 signed opinions, plus approx. 10 cases of original jurisdiction, since 1839 NINE judges, : the total of 108 Supreme Ourt judges
State:
State Trial Courts (27,000,000 cases) >
State Intermediate Appellate Courts (130,000 cases) >
State Courts of Last Resort (60,000 cases) > U.S. Supreme Court
M1138 American Government

7. Six most important Supreme Court cases
Marbury v. Madison (1803)(see above)
Dred Scott v. Sanford (1857) The decision argued that Scott was a slave and as such was not a citizen and could not sue in a federal court.. Congress had no power to exclude slavery from the territories and that Negroes could not become citizens The Dred Scott decision became a violent issue in national politics and undermined the prestige of the Supreme Court.
Plessy v. Ferguson (1896); „separate but equal“
Brown v. Board of Education, Topeka, Kansas (1954) end of segregation in public schools
Roe v. Wade (1973) woman´s right to abortion at the beginning of pregnancy
Regents of the University of California v. Bakke (1978), U.S. Supreme Court ruled (5-4) that fixed quotas may not be set for places for minority applicants if white applicants are denied a chance to compete for those places. While outlawing such quota programs, the court, however, also maintained that professional schools may consider race as a factor in making decisions on admissions
M1138 American Government

8. Input of Cases Where do the Supreme Court cases come from?
-- original jurisdiction, eg disputes between states
-- appellate jurisdiction
2 preconditions:
(a) the case must go thru lower stages, litigants cannot „jump“ at will from state to federal
(b) the case must raise a federal question
Supreme Court´s docket (agenda, a list of things to be done); the Court selects about 170 cases for consideration.
rule of four: review is not granted unless four or more justices agree that a case warrants consideration
M1138 American Government

9. Terms and Concepts: opinion writing the chief justice
judicial restraint v. judicial activism
judicial restraint: legislators, not judges, should make the laws; judic. restraint supporters usually conservative, valuing order over freedom and freedom over equality
judicial activism: judges should promote desirable social goals, usually prefering equality to freedom, freedom to order
class action suits: assembling the claims or defenses of similarly situated individuals tried so that they can be tried as a single lawsuit (enables people with limited financial resources to succeed)
litigious character of American society)
M1138 American Government

10. U.S. Supreme Court & Politics
FDR: packing the Court?
conservative presidents tend to nominate conservative judges
liberal presidents tend to nominate liberal judges
Reagan: Bork (1987)
Bush: Thomas (1991)
Supreme Court a part of the system of government
Supreme Court at present:
4 liberal/moderate members: John Paul Stevens, David Souter, Ruth Bader Ginsburg, Stephen Breyer
2 “swing votes”: Sandra Day O´Connor, Anthony Kennedy
3 conservatives: William Rehnquist, Anthony Scalia, Clarence Thomas
M1138 American Government

11. Sources of American Law
Constitution
Statutes and Administrative Regulations
Case Law - practice of deciding new cases with reference to former decisions, according to a precedent,
The body of judge-made law: the common law
M1138 American Government

12. Web Resources US Supreme Court: http://www.supremecourtus.gov
Federal Judiciary Homepage:
FindLaw:
Federal Judicial Center:
The Oyez [:Hear”:] Project:
supct.law.cornell.edu/supct/ (searchable index to Supreme Court opinions)
(An Organization of Americans for Legal Reform)
M1138 American Government