The Courts Unit 4, Chapter 14

Articles of Confederation “The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other causes whatever … appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge of any of the said courts” (Article IX, Articles of Confederation)

Article III – Questions to Consider How did Article III [http://www.yale.edu/lawweb/avalon/art3.htm] of the Constitution change the character of the judiciary as set out in the Articles of Confederation? What kinds of courts does the Constitution provide for? How does it distinguish between the Supreme Court and inferior courts? What kinds of cases did the Founders expect would come before federal courts? What, if anything, does the Constitution say about how the Supreme Court should operate? Is the Supreme Court designed as a co-equal branch of the government? What general rules about the judicial system (such as trial by jury) are specified in the Constitution?

Marbury v. Madison (1803) Judicial Review William Marbury (Federalist) and several others appointed by Pres. John Adams to government posts created by Congress in last days of presidency Appointments never completed by the newly elected Jefferson (Democratic- Republican) administration Marbury and others invoked an act of Congress which authorized Supreme Court to issues orders against government officials; in this case James Madison (Secretary of State) John Marshall (Chief Justice Supreme Court and a Federalist) wrote opinion – act of Congress conflicted with Article III of the Constitution

The Supreme Court and Judicial Review The power of judicial review is not stated within the Constitution. The precedent set by the case of Marbury v. Madison (1803) expanded the power of the judiciary to include judicial review, the ability of the Supreme Court to determine the constitutionality of certain laws. It is important to look at this case in order to understand how Chief Justice John Marshall expanded the powers of the judicial branch and what this has meant over the course of time. Background information Marbury v. Madison (1803): Understanding the events that lead to the case. http://www.streetlaw.org/en/Page.Landmark.Marbury.background.three.aspx The power of the judicial branch http://www.streetlaw.org//en/Page.Landmark.Marbury.activities.power.aspx The decision – excerpt from Marshall’s opinion http://www.streetlaw.org//en/Page.Landmark.Marbury.decision.majority.aspx The reasons we should still care about the decision, and the lingering questions it left behind http://writ.news.findlaw.com/commentary/20030224_grossman.html

Court Fundamentals Types of cases Civil: court case that involves a private dispute arising from such matters as accidents, contractual obligations or divorce Criminal: case involving a crime, or violation of public order Procedures and policymaking Most cases never go to trial When cases are not settled or abandoned, they are adjudicated Judges make policy in two ways Common law (judge made law) Statutory construction Jurisdiction Original: authority of court to hear case before any other court does Appellate: authority of court to hear cases that have been tried, decided, or reexamined in other courts

Federal Court organization: Pyramid Structure

US District Courts and Court of Appeals

US District Court and Court of Appeals US Court of Appeals 94 District Courts Each state at least one district Entry point for federal court system Each case tried by single judge Sources of litigation Federal criminal cases Civil cases that allege violation of national law Civil cases brought against the national government Civil cases between citizens of different states when amount in controversy is greater than $75,000 All cases resolved in district court and all decision of federal administrative agencies can be appealed Circuit: geographical area covered by a US Court of Appeals 13 US Court of Appeals Appellate court proceedings Precedents and making decisions Opinion writing gives judges influence beyond immediate case Precedent Stare decisis Uniformity of law

US Supreme Court 9 Justices on the Supreme Court If reach on appellate jurisdiction Reached end of line in state court system Raise federal question See chart on page 434 Solicitor General and Interest Groups Amicus Curiae Decision-making Judicial Restraint and Activism Judgment and Argument Chief Justice

Judicial Appointments Federal Appointments State Appointments Neither Constitution nor national law imposes requirements District and circuit court judges must reside within jurisdiction President appoints all federal court nominees; all must be confirmed by Senate Senatorial courtesy “advice and consent” Judicial compensation is substantially lower than that received by partners in major law firms American Bar Association In more than half of states, governor appoints state judges Voters in many states decide whether judges should be retained Other states select their judges by election Contested elections for judgeships are unusual Missouri Plan

Judicial Decisions “has no influences over either the sword or the purse” Implementation and Impact Relies on others to translate policy into action Compromise on opinions, moderate arguments, introduces ambiguity Influence beyond immediate parties involved Public Opinion No accountability to the electorate Reflection of public opinion