The Federal Judiciary

The Federal Judiciary There is hardly a political question in the United States which does not sooner or later turn into a judicial one Alexis de Tocqueville

Why are our courts so influential? Judicial Review The Federal Judiciary Why are our courts so influential? Judicial Review The power of the courts to declare state or federal laws in violation of the Constitution (Marbury v. Madison – 1803)

The Federal Judiciary Read Article III of the Constitution Who creates the “inferior courts” below the Supreme Court? What is the term of office for federal judges? Under what conditions do they remain in office? What are the constitutional qualifications to become a federal judge? Which cases go straight to the Supreme Court (Original Jurisdiction)? What crime is defined in Article III?

Hamilton in Federalist 78 The least dangerous of the three branches The judiciary, on the contrary, has no influence over either the sword or the purse The interpretation of the laws is the proper and peculiar province of the courts

Circuit Courts (aka Courts of Appeal) The Judiciary Act (1789) Created our current 3-tiered structure of the federal courts The Supreme Court Circuit Courts (aka Courts of Appeal) District Courts

Marbury v. Madison (1803) Chief Justice John Marshall wrote the 5-0 decision declaring a portion of the Judiciary Act in violation of the Constitution Established the courts as the interpreters of the law (JUDICIAL REVIEW) Was not used again until Scott v. Sanford in 1857 – The Dred Scott Decision

Judicial Activism vs. Judicial Restraint Critics of judicial review say judges sometimes make decisions reflecting their own policy preferences This is called JUDICIAL ACTIVISM They believe that judges should always look to the “original intent” of the founders when making decisions – A strict construction of the Constitution This is called JUDICIAL RESTRAINT

Judicial Activism vs. Judicial Restraint Others argue that the founders purposely were vague in their wording They did not have a single common intent and even if they did we should not be bound by it The world has changed in ways the founders could not have envisioned The Constitution should change to meet changing times (a “living” constitution)

The U.S. District Courts

The Circuit Courts

U.S. District Courts Each state has at least 1; 4 in Texas The basic trial courts in the federal system (with juries) Civil Cases Lawsuits, one person sues another or an organization Criminal Cases The government prosecutes someone for violating a federal criminal statute (law) ***Only about 10% of criminal cases (most are in state courts)

U.S. District Courts Within the Justice Department a U.S. Attorney is the chief federal prosecutor in each of the 94 districts Appointed by the President and confirmed by the Senate (majority vote) Plaintiff – in civil cases, the party initiating the lawsuit; in criminal cases, the accuser Defendant – in civil cases, the person having the lawsuit brought against them; in criminal cases, the accused

Burden of Proof In a civil case, the plaintiff is required to prove “a preponderance of the evidence” in their favor (the needle tilts in their direction) In a criminal case, the burden is much higher “Beyond a reasonable doubt” Does not mean no doubt whatsoever Convinced the defendant is guilty (not necessarily 100%) If not convinced, reasonable doubt exists

The Circuit Courts (The Courts of Appeal) There are 12 regions, each served by a circuit court There is a 13th Court of Appeal for the Federal Circuit located in Washington, D.C. Each court has a panel of judges that preside over cases (no juries) Has appellate jurisdiction The vast majority of federal cases end in one of the circuit courts and do NOT make it to the Supreme Court

The Circuit Courts

The Supreme Court

The Supreme Court Congress establishes the size of the court which is currently 9 (since 1869) Judges on the Supreme Court are called JUSTICES One Chief Justice 8 Associate Justices

Chief Justice John Roberts Appointed by President George W. Bush 2005 At age 50 Harvard Law School 78-22

Antonin Scalia Appointed by President Ronald Reagan 1986 At age 50 Harvard Law School 98-0

Anthony Kennedy Appointed by President Reagan 1988 At age 52 Harvard Law School 97-0

Clarence Thomas Appointed by President George H.W. Bush 1991 At age 43 Yale Law School 52-48

The Thomas Hearings A former associate and Oklahoma law professor, Anita Hill, accused Thomas of sexual harassment An all-male Senate Judiciary Committee clumsily dealt with the issues Thomas was confirmed 52-48

Ruth Bader Ginsberg Appointed by President Clinton 1993 At age 60 Columbia Law 97-3

Stephen Breyer Appointed by President Clinton 1994 At age 56 Harvard Law School 87-9

Samuel A. Alito Jr. Appointed by President George W. Bush 2006 At age 55 Yale Law School 58-42

Sonia Sotomayor Appointed by President Obama 2009 At age 55 Yale Law School 68-31

Elena Kagan Appointed by President Obama 2010 At age 50 Harvard Law School 63-37

The Supreme Court It is the court of LAST RESORT Has final say on questions concerning the meaning of the Constitution Mostly Appellate Jurisdiction (from State Supreme Courts and the Circuit Courts) Original Jurisdiction Cases involving a State Cases dealing with ambassadors/diplomats

The Supreme Court Supreme Court decisions carry the weight of law Only 2 ways to reverse/change a Supreme Court decision Add an amendment to the Constitution The Supreme Court issues a different decision in a later case (Plessy v. Ferguson (1896)…Brown v. Board of Education (1954))

How Cases Reach the Court 10,000 cases a year appealed to the Court The Court only decides about 75-80 cases a year The Rule of Four 4 of the 9 Justices must agree in order to accept an appeal

How Cases Reach the Court The Writ of Certiorari (Cert.) Sersh-uh-rare-ee An order from the Supreme Court to a lower court to send up the records in a particular case so the Court can review it To appeal a case to the Court, a plaintiff or defendant must apply for a writ of certiorari The court “grants cert.” or “denies cert.”

How the Court Operates First Monday in October through June or July They consider cases in two week cycles (2 weeks of listening to arguments, followed by a period where they make decisions)

How the Court Operates Briefs – Written documents filed with the court before the oral arguments begin (Plaintiff and Defendant lawyers) Put forth the written arguments of both sides in the case

How the Court Operates Amicus Curiae Briefs Translates to “Friend of the Court” ***Briefs written by interested parties that are NOT directly part of the case The Court requests them or approves them Example – NRA files a brief in a case dealing with gun control laws

How the Court Operates Lawyers provide ORAL ARGUMENTS 30 minute presentations to the 9 Justices Stand at a podium White light after 25 minutes Red light after 30 Justices often interrupt with questions of their own

Part of the Justice Department The Solicitor General Part of the Justice Department Represents the U.S. Government if involved in a Supreme Court case Determines the government’s argument as well as what cases to appeal to the Court

Solicitor General Donald Verrilli (replaced Elena Kagan after she was nominated to the Supreme Court)

Discussing Oral Arguments and Briefs Done privately by the 9 Justices Chief Justice presides and speaks first Each Associate summarizes their views in order of seniority Then debate begins 1/3 of all decisions are unanimous 8-1, 7-2, 6-3, 5-4

Opinions Majority Opinion Concurring Opinion Dissenting Opinion

Majority Opinion Written reasoning explaining why the majority ruled the way that they did Chief Justice determines who will write this if part of the majority

Concurring Opinion When a member of the majority disagrees with the majority opinion A different opinion giving an alternative line of reasoning

Dissenting Opinion Written to express the views of the minority in a case Dissenting opinions can later become the view of the majority (when a decision is reversed at a later date)

Relevant Vocab Senatorial Courtesy Stare Decisis When a vacancy opens on a federal court, The President consults the senators from the state where the vacancy occurs Stare Decisis Latin for “to stand by things decided” The Court’s tendency to respect and adhere to precedent (previous decisions) Let the lower court decision stand