To Accompany Comprehensive, Alternate, and Texas Editions American Government: Roots and Reform, 10th edition Karen O’Connor and Larry J. Sabato Pearson Education, 2009 Chapter 10 The Judiciary
Roots of the Federal Judiciary Hamilton called it “the least dangerous branch.” Little on the judiciary in the constitution. Creates high Court, Congress establishes others. Judges have life tenure with good behavior. Congress can alter the Court’s jurisdiction.jurisdiction Constitution is silent on judicial review.
Judiciary Act of 1789 Established three-tiered federal court system.court system Can appeal through the system. Federal district courts at the bottom. Courts of appeals in the middle. U.S. Supreme Court at the top. Court had little power, few wanted to serve.
The Marshall Court Chief Justice John Marshall gave Court prestige. Discontinued practice of seriatim. Established power over states in McCulloch v Maryland (1819).
Marbury v. Madison Established Judicial Review in Marbury v. Madison (1803). Implied from the Supremacy Clause in Article 1 President Jefferson refused to give Marbury his appointment as Justice of the Peace so he sued Court ruled that Jefferson was supposed to give him his commission but court did not have jurisdiction to offer the verdict Led to need for Judicial Review
Table Supreme Court Jurisdiction Back
American Legal System A court must have jurisdiction to hear a case. Jurisdiction can be original or appellate. Cases can be criminal or civil. Most courts are constitutional courts. Specialized legislative courts may also be created.
Figure American Court System Back
District Courts Trial courts of original jurisdiction. 94 Districts- At least one court per state. Cases involve federal government or question. Also citizens from two states if over $75,000. Cases decided by a single judge (possibly with jury).
Figure Federal Court System Back
Courts of Appeals Appellate courts with no original jurisdiction. Cases decided by three-judge panels. Cases are appeals from district courts or agencies. Correct errors of procedure or law. Submit a brief to have a case heard. Decisions set a precedent for only that circuit. Judges may abide by stare decisis.
Supreme Court Appellate and original jurisdiction. Ensures uniform interpretation of laws. Maintains national supremacy. Nine justices hear decisions en banc.
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Selecting Federal Judges President makes appointments.President makes appointments Use of senatorial courtesy. Competence; use of ABA ratings.Competence Ideology or policy preferences. Rewards or political support. Religion, race, ethnicity, and gender.
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AV- Who Is Appointed? Back
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Supreme Court Confirmation List of potential nominees sent to FBI and ABA. Candidates investigated and rated. Interest groups mobilize lobbying efforts.Interest groups mobilize lobbying efforts Senate holds committee hearings. Full Senate votes on nominee.
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Table The Supreme Court Back
Deciding to Hear a Case Works hard for privacy and decorum.privacy Receives many more cases than it can hear.Receives many more cases than it can hear Interested parties file a writ of certiorari. Court decides to hear case using Rule of Four. Clerks play key role throughout process.Clerks
Figure Supreme Court Process Back
Figure Supreme Court Caseload Back
Table What Do Clerks Do? Back
Factors Influencing Review Solicitor general asking for review. Solicitor general files amicus brief. Conflict among the courts of appeals. Case presents civil rights or liberties question. Case involves policy preferences of the justices. Interest group participation.Interest group participation
Hearing and Deciding the Case Amicus briefs may be submitted beforehand. Oral arguments generally last one hour. Solicitor general may also appear. Oral argument provides chance to ask questions. Meet in closed conference to discuss and vote. Opinion written and circulated. Concurring or dissenting opinions may also be filed.
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Judicial Decision Making Judicial activism versus judicial restraint. Loose or strict construction of the constitution? Behavioral, attitudinal, and strategic models. Role of public opinion.public opinion
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Judicial Policy Making All judges make policy. Court can declare laws unconstitutional. Court can overrule itself. Judicial implementation can be a challenge.
Marbury v. Madison 1803 Chief Justice John Marshall ruled: 1. The Constitution is the Supreme Law of the Land 2. If there is a conflict between the Constitution and any other law, Constitution rules 3. The Judicial Branch has a duty to uphold the Constitution This ruling established Judicial Review
McCullouch vs. Maryland Federal Power 1819 Ruled that in a conflict between national and state power, the national government is supreme. (Affirmed the Supremacy Clause of the Constitution)
Gibbons vs. Ogden Federal Power 1824 Ruled that Congress has the sole authority to regulate commerce
Plessy vs. Ferguson / Brown vs. Board of Education Civil Rights 1896/1954 Brown v Board of Ed overturned Plessy v Ferguson ruling that African Americans could be provided “separate but equal” facilities; began school integration.
Roe vs. Wade Civil Rights 1973 Legalized a woman’s right to an abortion under certain circumstances.
Dred Scott vs. Sanford Civil Rights 1857 Ruled that enslaved persons were property, not citizens, and thus had no rights under the Constitution.
Schenck vs. United States First Amendment Rights 1919 Concluded that a defendant did not have a First Amendment right to express freedom of speech against the draft during World War I. “Clear and Present Danger” Tests
Tinker vs. Des Moines First Amendment Rights 1969 Expanded freedom of speech in schools to include students wearing black armbands to protest the Vietnam War.
Engel vs. Vitale First Amendment Rights 1962 Ruled that a public school starting the day with a prayer violates the Establishment Clause of the First Amendment.
NY Times vs. U.S. (Nixon) First Amendment Rights 1971 Ruled that the press (newspapers, TV, radio, filmmakers, etc) could not be restricted by the government except in extreme cases of national security.
Gideon vs. Wainwright Rights of the Accused 1963 Ruled that a person accused of a major crime had the right to legal counsel (a lawyer) during a trial and that it will be provided by the government if they cannot afford it.
Miranda vs. Arizona Rights of the Accused 1966 Ruled that at the time of arrest, suspects cannot be questioned until informed of their rights.