Federal Judiciary Lesson 12

Role of the Courts What is the role of courts - resolve political issues? Presidential election Power of the President in Time of war - Rights of Detainees Shivo Case – the right to die Same Sex Marriage

Common Law 1. Basis of our system: English legal system Judge/Case made tradition – Common Law Precedent – stare decisis follow prior case Predictable, efficient, stable

American Law 1. Constitutions (federal and state) 2. Statutes & Administrative Regulations 3. Case Law (appellate cases) The interpretations of the constitutions, statutes & administrative regulations, both federal and state

JURISDICTION A Dual Court System – federal & state each with trial courts and appellate courts Jurisdiction of a court Authority of this court to hear this case (Marbury v. Madison, 1803) Supreme Court original jurisdiction set by the Constitution

Federal Court System 1. Federal Jurisdiction (basic to all cases) a. A federal question: U.S. Constitution, federal law or treaties. b. Diversity Jurisdiction: citizens of different states and $75,000.00; foreign nation or individual. c. Standing to sue: real harm to the person bringing suit!

Federal Courts 1. U.S. District Court: trial court, at least one per state (CA has 4) N, S, C, E. 2. U.S. Courts of Appeals: appellate courts for 12 circuits; 13th Circuit in Washington, DC. Panel of judges review for legal error. 3. U.S. Supreme Court: hears appeals from both state and federal courts; nine (9) justices

Other Federal Courts 1. Foreign Intelligence Surveillance Act of 1978 (FISA Courts) secret issue warrants 2. Anti-Terrorist and Effective Death Penalty Act of 1996 (deportations) 3. Tax Court, Court of Claims, Bankruptcy, Patent Court, Court of Federal Claims, etc. (courts with limited jurisdiction)

Litigation Plaintiff/Defendant Cross Complainant/Cross Defendant Interpleader Amicus Curiae Class-Actions Civil contempt – criminal contempt

The Supreme Court 1. First Monday in October to late June 2. Decide what cases to review, schedule oral argument, read briefs, meet in conference, draft opinions, final opinion. 3. Areas free speech, civil rights, states rights, capital punishment, abortion, privacy, school integration, term limits

Salary of Associate Justice $244,000

Today’s Court John G. Roberts, Jr. Antonio Scalia; Anthony M. Kennedy; Clarence Thomas; Ruth Bader Ginsburg; Steven G. Breyer; Samuel A. Alito, Jr., Sonia Sotomayor; Elena Kagan http://www.supremecourtus.gov/

Supreme Court Original Jurisdiction – as a trial court under the Constitution, art. 3, sec. 2 1. A state is a party 2. Affecting foreign diplomats Can not be expanded by Congress Number of cases decided each year??

Selection of Cases 1. Subjective (rule of 4) 2. Factors: a. Two lower courts disagree b. Lower court in conflict with Supreme c. Case of significance d. Substantial federal question e. State court interpretations of federal law

Selection of Cases f. Constitutional issues in federal courts g. Actions by the Solicitor General 3. Opinions (a statement of the decision) Majority Affirm Dissenting Reverse Concurring Remand

Judicial Appointments 1. Who are they? 2. Senatorial Courtesy (veto - gone) 3. Political patronage of the President political party and political philosophy 4. Senate confirmation (committee review and the importance of the court)

Judicial Confirmation 1. Confirmation more difficult since the rejection of Robert Bork in 1987. 2. Politics has always played a major role in approval 3. Most are confirmed without much dispute. 4. Those with strong ideological commitments experience difficulty.

Importance of the Court 1. Judicial Review Constitutionality of both federal and state laws, & actions of the President or the Congress 2. Activism v. Restraint 3. Strict v. Broad Construction 4. Liberal v. Conservative

Checks on the Court A. Executive Checks: Power of enforcement Power of appointment B. Congressional Power Propose Constitutional Amendemnts Draft new laws around the Court C. Public Opinion Ignore or not enforce

Checks on the Court D. Citizens Selection of the President Affect of the Media E. Lower Courts Limit scope of decisions

Other Items Writ of Certiorari Extraordinary Petition to the Supreme Court to review a case – most often denied Class actions A certified group action – each member bound by the result, but can elect not to be a part of the Class