INFLUENCES AND DECISION MAKING The Judiciary

Structure Article III of the Constitution Judiciary Act of 1789 Role of Congress? Dual court system-U.S. courts and state courts

U.S. District Courts Trial courts (94), judges (600) Original jurisdiction only Geographic Examples of cases:  Mail fraud  Counterfeiting  Smuggling  Bank robbery  Illegal interstate commerce

U.S. Courts of Appeals Circuit courts (12) 179 judges Appellate jurisdiction We are in the 11 th circuit (AL, FL, GA) Also hears appeals from regulatory agencies like the FTC, FCC, etc.

Supreme Court Created by the Constitution (Art. III) 9 justices including a chief justice Original and appellate jurisdiction “court of last resort”

Justices Appointment politics  President (with advise from different groups)  DOJ and AG, interest groups like ABA, senatorial courtesy (not Supreme Court justices)  90% appts from same party  What is the “litmus test”?  Clarence Thomas Philosophy  Strict interpretation or loose interpretation  Oral exercise…write on your paper.

Judicial Review  Overrule Lower-court Decisions, State Legislation, Acts of Congress, Executive Orders  Marbury v. Madison  Does the Constitution Give the Supreme Court the Power to Invalidate the Actions of Other Branches of Government?

Political Influences Justices were given tenure subject to good behavior by the framers in order to ensure that justices are free from direct political pressure  Federal justices appointed by President serve for life on good behavior unless impeached and convicted by Congress Public Opinion: less responsive than Congressmen or President, but still influenced (look at decisions of Burger Court in the 1960s)

Political Influence Lobbying: ACLU, NAACP  formal measures- amicus curaie briefs  Lobbyist more successful with members of Congress, White House staff, Journalist, etc. Justices’ personal beliefs: political backgrounds

Limitations Congress establishes court size (not Constitution) and appellate jurisdiction Delay confirmation of appointed judges Defining jurisdiction of the courts Proposing amendments- If the Supreme Court finds a federal law unconstitutional, Congress can try to amend the Constitution  Amendment Process demonstrates the federal structure of the United States government (federalism)

Limitations Presidential appointment – President have the most success in changing the direction of decisions of the judiciary by appointing judges with similar judicial philosophies similar to those of the President Most Justices have had some political experience prior to appointment- Presidents seek to place individuals on the Court with policy views similar to their own Enforcement by executive branch

Evading court decisions: No enforcement power Decisions can be remanded to a lower court State and lower courts might not carry out (segregation)

Court Docket Very few based on original jurisdiction (2-4%) Most important source of the Supreme Court’s caseload is its appellate jurisdiction  Appellate jurisdiction- power to review previous court decisions The Supreme Court chooses the cases it hears Majority on appeal from Federal courts About 1/3 on appeal from state courts

How do the justices vote? Federal Courts and State Courts request review by the Supreme Court (7500 cases) or writ of certiorari Appeals discussed in conference (appeals denied in approximately 98% of cases) In most cases, the Supreme Court will not hear the case. Rule of four Placed on the docket (100 cases)

Decision Making process Docket cases Briefs submitted by both sides, amicus curaie briefs filed Oral arguments (30 minutes) Conference: cases discussed, votes taken, opinion writing assigned (closed) Opinions drafted and circulated for comments Decision announced

Influences Judicial philosophy  Judicial restraint  Judicial activist  Strict interpretation v. Loose interpretation  Original Intent- The meaning of the Constitution depends on the intention of the framers Precedent  Prior decisions in cases  Stare decisis means “let the decision stand” Behavioral Characteristics  Personal experiences and relationships Ideology  Liberal or conservative Public opinion  The justices DO NOT live in a bubble therefore they are not isolated completely from public opinion.