Federal Court System The US has a “dual court system” (includes both federal and state courts) Federal cases… - circumstances are listed under Article III and 11th Amendment of Constitution - usually involves Constitution, federal law, treaties, diversity cases (those involving citizens/issues of different states) - some cases can be tried in either federal or state court (if both federal and state laws have been broken “dual sovereignty”) - both fed and state government have the right to enact laws and neither can block prosecution - state cases can sometimes be appealed to the Supreme Court

The courts are supposed to act as democratic institutions, but there can be major obstacles to getting a case to court - Supreme Court reject all but a few of the cases up for certiorari (review) - costs of appeals are high (though government will provide representation to people who can’t afford it “in forma pauperis”) - fee shifting (losing defendant pays the plaintiff’s expenses) - standing (guidelines for who can bring a case to court) * must be real controversy between adversaries * personal harm must be evident The US government must submit to being sued “sovereign immunity” Class Action: cases brought before court on behalf of similarly situation Individuals (suing as a group, rather than a single person) - 1974: rules tightened on class action suits, making it more difficult to bring them to federal court

Federal courts have the power to shape policy through - interpretation of Constitution or law - extending the reach of an existing law Measures of Power - number of laws declared unconstitutional (over 130) - number of prior cases overturned or not following precedent (over 260 cases since 1810) - the extent to which judges will handle cases that had once been left to the legislature (cases of involving political issues) - basis for court orders can come directly from Constitution or from court interpretation of federal laws Views on Judicial Activism Supporters - courts should correct injustices when other branches or state governments refuse to do so (courts are last resort for those without power to influence the law)

Opponents - judges lack expertise in managing complex governmental issues - activist decisions often require ability to balance policy priorities and budget allocation (these are things judges aren’t familiar with) - courts aren’t accountable because judges aren’t elected, so they don’t have to deal with the consequences of a decision like elected officials would