Chapter 9 The Judiciary To Accompany Comprehensive, Alternate, and Texas Editions American Government: Roots and Reform, 10th edition Karen O’Connor and Larry J. Sabato Pearson Education, 2009
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. Constitution is silent on judicial review.
Judiciary Act of 1789 Established three-tiered federal 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.
Figure 10.1- American Court System Back
AV- Who Is Appointed? Back
The Marshall Court Chief Justice John Marshall gave Court prestige. Discontinued practice of seriatim. Established power over states in McCulloch (1819). Established judicial review in Marbury v. Madison (1803).
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 10.2- Federal Court System Back
District Courts Trial courts of original jurisdiction. At least one 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).
Table 10.2- Presidential Impact Back
Table 10.3- District Court Appointees 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.
Figure 10.3- Supreme Court Caseload Back
Figure 10.4- Supreme Court Process Back
Table 10.1- Supreme Court Jurisdiction Back
Selecting Federal Judges President makes appointments. Use of senatorial courtesy. Competence; use of ABA ratings. Ideology or policy preferences. Rewards or political support. Religion, race, ethnicity, and gender.
Table 10.4- The Supreme Court Back
Supreme Court Confirmation List of potential nominees sent to FBI and ABA. Candidates investigated and rated. Interest groups mobilize lobbying efforts. Senate holds committee hearings. Full Senate votes on nominee.
Deciding to Hear a Case Works hard for privacy and decorum. 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.
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.
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.
Judicial Decision Making Judicial activism versus judicial restraint. Loose or strict construction of the constitution? Behavioral, attitudinal, and strategic models. Role of public opinion.
Judicial Policy Making All judges make policy. Court can declare laws unconstitutional. Court can overrule itself. Judicial implementation can be a challenge.
Table 10.5- Interest Group Participation Back
Table 10.6- Supreme Court Knowledge Back
Table 10.7- What Do Clerks Do? Back
Table 10.8- Amicus Curiae Briefs Back
Table 10.9- Role of Public Opinion Back