Judicial branch notes The federal courts

The Supreme Court The Constitution assigns the duty of interpreting the law to the courts.

The federal courts pose a special challenge to American democracy Federal judges are appointed to their positions. And they are often in the thick of policymaking on issues ranging from abortion to prayer in public schools.

How can we reconcile powerful courts populated by unelected judges with American democracy? Do they pose a threat to majority rule? Or do the federal courts actually function to protect the rights of minorities? To determine the appropriate role of the courts in our democracy, we must first understand the nature of our judicial system.

In addition to the Supreme Court, there are… 12 federal courts of appeals, a Court of Appeals for the Federal Circuit, and 90+ federal district courts

There are basically two kinds of law: criminal law where the government charges an individual who violated specific laws, such as robbery, and…

civil law which involves a dispute between two parties civil law cases range from divorce proceedings to mergers of multinational companies

It is important to remember that about 98% of all the criminal cases in the U.S. are heard in state and local court systems… and, most accused of federal crimes enter guilty pleas as part of a plea bargain

Also, the vast majority of civil cases in the federal courts are settled out of court Only about 2% of the more than 250,000 civil cases in the federal courts are decided by trials.

What does the Constitution say about federal judges’ qualifications? absolutely nothing! So… that begs the question: could a President appoint just anybody?

A historical review… Until the Civil War, the dominant questions before the Court concerned the strength and legitimacy of the federal gov’t and slavery.

From the Civil War until 1937… Questions of the relationship between the federal gov’t and the economy dominated – like the “sick chicken” case in which the Court sided with the poultry industry

From 1938 to the present, the primary issues before the Court have concerned personal liberty and social and political equality.

In the last few decades, courts have made policies involving school busing, abortion, bilingual education, prison conditions, and many other key issues. Many scholars and judges favor a policy of judicial restraint, in which judges adhere (stick) closely to precedent and play minimal roles. On the other side are judicial activists who favor judges making bolder policy decisions. They say courts may alleviate (help) pressing needs

It is important to keep in mind that most judicial policymaking and enforcement of laws take place in the state courts and the lower federal courts.

Under the Articles of Confederation, there was no national judicial system; this resulted in somewhat chaotic situations when states disagreed or ignored each others’ decisions, so… the Constitution writers created a dual court system: –one national level of courts –50 state systems of courts –This organization obviously reflects the principle of federalism.

The vast majority of cases that make it to the Supreme Court are from… 1.state appellate courts, and 2. lower (or inferior) federal courts

Federal courts Supreme Court – considered the highest court because it is the last court at which federal questions can be decided

Justices of the Supreme Court Chief Justice John Roberts –Bush appointee, fall, ‘05 –Harvard undergraduate + Harvard law –age 50 –married, two children

John Paul Stevens Ford appointee (’75) U. of Chicago graduate, Northwestern U. law age 86 married, 4 children

Antonin Scalia –Reagan appointee (’86) –Georgetown U. graduate, Harvard law –age 70 –married, 9 children

Anthony Kennedy –Reagan appointee, (’86) –Stanford U. graduate, Harvard law –age 70 –married, 3 children

David Souter –Bush the elder appointee, (’90) –Harvard undergraduate + Harvard law –age 66 –not married

Clarence Thomas –Bush the elder appointee (’91) –Holy Cross graduate, Yale law –age 57 –married, 1 child

Ruth Bader Ginsberg –Clinton appointee (’93) –Cornell graduate, Columbia law –age 73 –married, 2 children

Steven Breyer –Clinton appointee, (’94) –Stanford graduate, Harvard law –age 68 –married, 3 children

Samuel Alito –Bush appointee (’06) –Princeton graduate, Yale law –age 56 –married, 2 children

The Supreme Court is the only court with both original and appellate jurisdiction has original jurisdiction over any disputes among states and … any case brought against ambassadors up to 5,000 cases are appealed to the Supreme Court each year, but the Court only hears a few. At least 4 Justices have to agree to hear a case (“rule of four”)

The Court decides about 120 cases each year When the Court accepts a case for review, it issues a writ of certiorari The Court works from the 1 st Monday in October until the following June/July

Opinions of the Court majority opinion- also known as the Opinion of the Court concurring opinion – Justice agrees with the majority opinion, but for a different reason dissenting opinion – Justice disputes the majority opinion these opinions stand as precedents meaning they affect every state and federal law pertaining to the issue

Lower federal courts Courts of Appeals (12) district courts (90+) – hear the greatest number of cases

More federal courts… Court of International Trade – hears cases involving international law special courts – have limited jurisdiction –Court of Military Appeals – civilian judges –Court of Veterans Claims –Claims Court –Tax Court –courts of the District of Columbia –territorial courts (Guam, N. Marianas, Virgin Islands)

Marbury v. Madison (1803) Its importance cannot be overstated – it established the right of judicial review James Madison

U. S. Solicitor General Paul D. Clements represents or advises the gov’t when it is party to a suit chief attorney for U.S.

How much do the Justices make? Chief Justice: $202,900 annually Associate Justices: $194,200 annually