Chapter 16: The Judiciary

The Development of the Federal Courts Language of the Constitution Judicial Review is the power of the courts to declare laws unconstitutional. Judicial Restraint Approach is the view that judges should decide cases strictly based on the language of the laws and the Constitution.

The Development of the Federal Courts Language of the Constitution Activist Approach is a view that the judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances. Picture of the Occupy L.A. Movement

The Development of the Federal Courts National law was in all instances the dominant law, this was established during the Marshall Court. Chief Justice John Marshall

The Development of the Federal Courts Landmark Cases Marbury v. Madison (1803) upheld judicial review of congressional acts. Martin v. Hunter’s Lessee (1816): The Supreme Court can review the decisions of the highest state courts if they involve a federal law or the federal Constitution.

The Development of the Federal Courts Landmark Cases McCulloch v. Maryland (1819): Stated that the creation of a federal bank, though not mentioned in the Constitution, was a “necessary and proper” exercise of the government’s right to borrow money. Ex Parte McCardle (1869): Allowed Congress to change the appellate jurisdiction of the Supreme Court.

The Development of the Federal Courts The biggest problem was drawing lines of restriction for what was “reasonable” and “unreasonable.”

The Structure of the Federal Courts Constitutional Court is a federal court authorized by Article III of the Constitution that keeps judges in office during good behavior and prevents their salaries from being reduced. Supreme Court

The Structure of the Federal Courts Constitutional Court is a federal court authorized by Article III of the Constitution that keeps judges in office during good behavior and prevents their salaries from being reduced. Appellate courts/Courts of Appeals Federal courts that hear appeals from district courts. Do not have trials. District courts are the lowest federal courts.

The Structure of the Federal Courts Legislative Courts were created by Congress for specialized purposes whose judges do not enjoy the protections of Article III of the Constitution.

The Structure of the Federal Courts Selecting Judges When the president nominates a “qualified” judge, they will commonly confer with the senior senator from the judge’s home state; this is known as senatorial courtesy. The “Litmus Test” is when a test of ideological purity is applied to a judicial nominee.

The Jurisdiction of the Federal Courts Federal Question Cases concern the Constitution, federal laws, or treaties. Diversity Cases are cases involving citizens of different states who can bring suit in federal courts.

The Jurisdiction of the Federal Courts Writ of Certiorari occurs when four justices agree to hear a case, cert is issued and the case is scheduled for a hearing.

Getting to Court In forma pauperis is a method in which a poor person can have his or her case heard in federal court without charge. Fee shifting enables the plaintiff to collect its costs from the defendant if the defendant loses.

Getting to Court Section 1983 of Chapter 42 of the United States Code allows a citizen to sue a state or local government official. Standing is the legal rule stating who is authorized to start a lawsuit.

Getting to Court Sovereign immunity is the rule that a citizen cannot sue the government without the government’s consent. Class-action suit is a case brought by someone to help him or her and all others who are similarly situated.

The Supreme Court in Action A brief is a written statement by an attorney that summarizes a case and the laws and ruling that support it. Amicus curiae is a brief submitted by a “friend of the court” or an interest party not directly involved in the suit.

The Supreme Court in Action Per curiam opinion is a brief, unsigned court opinion. Opinion of the Court is the signed opinion of a majority of the Supreme Court.

The Supreme Court in Action Concurring opinion is a signed opinion in which one or more members agree with the majority view, but for different reasons. Dissenting opinion is a signed opinion in which one or more justices disagree with the majority view.

The Power of the Federal Courts Stare decis means “let the decision stand,” or allowing prior rulings to control the current case. Political question is an issue the Supreme Court will allow the executive and legislative branches decide.

The Power of the Federal Courts A remedy is a judicial order enforcing a right or redressing a wrong.

Checks on Judicial Power Congress’s authority to decide what the entire jurisdiction of the lower courts and the appellate jurisdiction of the Supreme Court shall be. No way to enforce or enact their decisions.