CHAPTER 16 THE JUDICIAL SYSTEM

Roots of the Federal Judiciary  Constitution creates high Court  Congress establishes others  Judges have life tenure with good behavior  Constitution is silent on judicial review

DUAL COURT SYSTEM FEDERAL AND STATES SUPREME COURT LINKS BOTH SUPREME COURT RULES OVER BOTH CH 18 SUM

THE COURT’S “REAL” POWER JUDICIAL REVIEW MARBURY V MADISON (1803) CH 18 SUM

INFERIOR CONSTITUTIONAL COURTS DISTRICT COURTS COURT OF APPEALS COURT OF APPEALS FOR THE FEDERAL CIRCUIT CH 18 SUM

SPECIAL (LEGISLATIVE) COURTS U.S. CLAIMS TERRITORIAL DISTRICT OF COLUMBIA MILITARY APPEALS TAX COURT CH 18 SUM

THE U.S. SUPREME COURT 9 MEMBERS (NOT SET BY CONSTITUTION) TERM OF OFFICE = LIFE RELEASE OPINIONS MAJORITY CONCURRING DISSENTING CH 18 SUM

THEMIS BLIND JUSTICE SCALES & SWORD

THE U.S. SUPREME COURT BUILDING

LOCATION OF THE U.S. SUPREME COURT BUILDING

Chief Justice –John Roberts Associate Justices –Anthony Scalia –Anthony Kennedy –Clarence Thomas –Ruth Bader Ginsberg –Stephen Breyer –Samuel Alito –Sonia Sotomayor –Elena Kagan

2012 Supreme Court Official Photo

The Federal Courts Chapter 16 Edwards, Wattenberg, and Lineberry Government in America: People, Politics, and Policy Fourteenth Edition

The Nature of the Judicial System Two types of cases: Criminal Law: Government charges an individual Civil Law: Dispute between two individuals Most cases tried/resolved in state courts

Participants in the Judicial System Litigants Plaintiff—the party bringing the charge Defendant—the party being charged Jury—people deciding the case

Supreme Court salaries (2014) Justices $213,900, Chief Justice $223,500

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The Structure of the Federal Judicial System District Courts (91 federal courts) Original Jurisdiction (Trial Court) Case Jurisdiction Federal crimes Civil suits under federal law and across state lines Supervise bankruptcy and naturalization Review some federal agencies Admiralty and maritime law cases Supervision of naturalization of aliens

12 Courts of Appeal Appellate Jurisdiction Reviews legal issues in cases from lower courts Hold no trials and hear no testimony U.S. Court of Appeals for the Federal Circuit – specialized cases Both focus on errors of procedure and law

The Supreme Court Ensures uniformity in interpreting national laws Resolves conflicts among states Maintains national supremacy in law Some original jurisdiction, but mostly appellate jurisdiction

SELECTING FEDERAL JUDGES  Presidents nominates, Senate Confirms.  Use of senatorial courtesy.  Competence, use of ABA ratings.  Ideology or policy preferences.  Needs political support.  Religion, race, ethnicity, and gender.

CONFIRMATION IS A POLITICAL PROCESS

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The Courts as Policymakers Accepting Cases Use the “rule of four” to choose cases Issues a writ of certiorari to call up the case Supreme Court accepts few cases each year

Making Decisions Oral arguments heard by the justices Justices discuss the case One justice will write the majority opinion Majority Opinion ‘Winning’ side and legal arguments. Dissenting opinions Written by justices who oppose the majority. Concurring opinions Support of the majority- stress a different legal basis.

The Courts as Policymakers Judicial implementation Courts ‘weakest link” Must rely on others to carry out decisions

CHECKS ON THE POWER OF THE COURT LACK OF ENFORCEMENT (NO JUDICIAL POLICE) (PRESIDENT ANDREW JACKSON) SENATE MUST OK JUDGES CONGRESS CAN IMPEACH JUDGES CONGRESS CAN CHANGE # OF JUDGES LAWS CAN BE REWRITTEN THE CONSTITUTION CAN BE AMENDED

JOHN MARSHALL 4 TH CHIEF JUSTICE OF THE U.S. SUPREME COURT ( )

EARL WARREN CHIEF JUSTICE (LIBERAL) (NIXON)

WILLIAM REHNQUIST CHIEF JUSTICE (CONSERVATIVE) (REAGAN)

JOHN ROBERTS CHIEF JUSTICE ???? (CONSERVATIVE) (GEORGE W BUSH)

Understanding the Courts The Courts and Democracy Courts are not very democratic. Not elected The courts don’t always reflect popular majorities. Conflicting rulings lead to deadlock and inconsistency.

What Courts Should Do: The Scope of Judicial Power Judicial restraint Judges should play a minimal policymaking role Judicial activism Judges should be just, even if charting new constitutional ground

STRICT CONSTRUCTIONIST APPROACH (THE LETTER OF THE LAW) V ACTIVIST APPROACH OR LOOSE CONTRUCTIONALIST APPROACH (THE SPIRIT OF THE LAW) (JUDICIAL LEGISLATION)

Summary Judicial policymaking and implementation occur in lower federal and state courts. Many important questions are heard by the courts. Much decision making is limited by precedent. Even the unelected courts promote democratic values.

The Courts and the Policy Agenda A Historical Review –John Marshall and the Growth of Judicial Review Marbury v. Madison (1803) established judicial review—courts determine constitutionality of acts of Congress –The “Nine Old Men” (New Deal) –The Warren Court –The Burger Court –The Rehnquist Court

ERA FEDERAL-STATE RELATIONS McCULLOCH v MARYLAND (1819) SLAVERY DRED SCOTT v SANDFORD (1857)

ERA GOV’T - ECONOMY RELATIONSHIP FOR PRIVATE PROPERTY RIGHTS LAISSEZ-FAIRE CAPITALISM FOR STATE REGULATION RIGHTS

PROTECTION OF PERSONAL LIBERTIES ??? LIMITS OF GOVERNMENT POWER ??? PROTECTION OF SOCIETY ???

USSC DECIDES WHICH CASES TO HEAR APPEALATE JURISDICTION FROM OTHER COURTS “THE RULE OF FOUR” ORIGINAL JURISDICTION

ORAL ARGUMENTS PRESENTED FOR SOME CASES 30 MINUTES FOR EACH SIDE JUSTICES ASK QUESTIONS AT ANYTIME

JUSTICES MEET IN SECRET DISCUSS VOTE OPINION ASSIGNED

OPINIONS ARE WRITTEN AND RELEASED MAJORITY ABOUT 1/3 ARE UNANIMOUS CONCURRING DISSENTING

COURTS PLAY A LARGE ROLE IN PUBLIC POLICY THE POWER OF JUDICIAL REVIEW COURTS = MORE POWERFUL INCREASED ROLE OF GOV’T COURTS = MORE POWERFUL

AP CH 14 - THE JUDICIARY IMPORTANT TERMS-SET 1- PART A ACTIVIST APPROACH AMICUS CURIAE APPELLATE JURISDICTION BLOC VOTING CIVIL LAW CLASS-ACTION SUIT CONSTITUTIONAL COURT CRIMINAL LAW DIVERSITY CASES DRED SCOTT v STANFORD

FEE SHIFTING FRIDAY CONFERENCE JUDICIAL REVIEW POLITICAL QUESTION SENATORIAL COURTESY SOLICITOR GENERAL STANDING STRICT-CONSTRUCTIONALIST STARE DECISIS WRIT OF CERTIORARI AP CH 14 - THE JUDICIARY IMPORTANT TERMS-SET 1- PART B

AP CH 14 - THE JUDICIARY IMPORTANT TERMS-SET 2-PART A ACTIVIST APPROACH (JUDICIAL) BRIEF CONCURRENT OPINION COURTS OF APPEAL DISSENTING OPINION DISTRICT COURT FEDERAL QUESTION CASES

IN FORMA PAIPERIS LEGISLATIVE COURT LITMUS TEST OPINION OF THE COURT PER CURIAM OPINION PLAINTIFF SOVEREIGN IMMUNITY STRICT CONSTRUCTIONALIST APPROACH AP CH 14 - THE JUDICIARY IMPORTANT TERMS-SET 2-PART B

AP CH 14 - THE JUDICIARY OBJECTIVES – PAGE 1 1-EXPLAIN WHAT JUDICIAL REVIEW IS, AND TRACE ITS ORIGIN IN THIS COUNTRY TO MARBURY v MADISON. 2-LIST AND COMMENT ON THE THREE ERAS OF VARYING SUPREME COURT INFLUENCES ON NATIONAL POLICY SINCE THE DAYS OF SLAVERY.

AP CH 14 - THE JUDICIARY OBJECTIVES – PAGE 2 3-EXPLAIN WHAT IS MEANT BY A DUAL COURT SYSTEM AND DESCRIBE THE EFFECTS IT HAS ON HOW CASES ARE HANDLED AND APPEALED. 4-LIST THE VARIOUS STEPS THAT CASES GO THROUGH TO BE APPEALED TO THE SUPREME COURT. 5-SHOULD THE SUPREME COURT BE “ACTIVIST” BY NATURE?

AP CH 14 - THE JUDICIARY QUESTIONS 1-WHAT HAS BEEN THE HISTORY OF THE COURT’S VIEW ON ECONOMIC REGULATION? 2-WHAT WAS ROOSEVELT COURT-PACKING PLAN? WHAT DOES IT SUGGEST ABOUT THE SUPREME COURT AND OTHER BRANCHES OF GOVERNMENT? 3-HOW WOULD YOU DESCRIBE THE CULTURE OF THE SUPREME COURT?

4-IS THE SUPREME COURT A POLITICAL INSTITUTION? SHOULD IT BE? EXPLAIN BOTH ANSWERS. 5-IS THE POWER OF THE JUDICIARY LIMITED BECAUSE THEY LACK THE POWER OF THE SWORD AND THE POWER OF THE PURSE? 6-WHAT ARE THE CHECKS ON THE POWER OF THE JUDICIARY BRANCH? ARE THEY EFFECTIVE? AP CH 14 - THE JUDICIARY QUESTIONS (CON’T)