Judiciary --Historical Development --Court System Structure --Operation of the Court System --Powers/Restraints on Powers of the Court 1

Judiciary—Historical Development I. Establishing the power of the judicial branch A. Marbury v. Madison (1803) Judicial Review a. NOT in Article III of the ConstitutionArticle III i. Article III establishes Supreme Court and its jurisdiction II. Historical “Issue Eras” of the Court A. National vs. State: Inception to Civil War 1. Marshall Court = national supremacy a. McCulloch v. Maryland, Gibbons v. Ogden 2. Taney Court = “states rights” a. Dred Scott v. Sanford After the Civil War, state laws much more likely to be struck downmuch more likely to be struck down B. Regulating National Economy: Civil War to 1930s 1. Growth of corporations, protecting the “public interest”public interest 2. FDR and “Court packing” (to defend gov’t economic intervention)Court packing 2

Judiciary—Historical Development II. Historical “Issue Eras” of the Court (cont.) C. Examining Civil Liberties and Civil Rights: 1950s onward The “Warren Court” ( )—liberal court decisionsWarren Court 1. Protections for the accused a. Gideon v. Wainwright b. Miranda v. Arizona c. Mapp v. Ohio 2. Civil Rights movement a. Brown v. Board of Education b. Heart of Atlanta Motel vs. United States 3. Privacy Issues a. Griswold v. Connecticut b. Roe v. Wade 3

Judiciary—Structure III. Description of the National Court System A. Structure: 3 main levels3 main levels 1. Supreme Court (nine justices) 2. Courts of Appeals (13 with 150+ judges total)Courts of Appeals 3. District Courts (94 with 600+ judges) and Special Jurisdiction Courts (tax court, claims court, etc.)District Courts B. Types and Distribution of Jurisdictions 1. Original: hears facts of the case a. Supreme Court (rarely), District Courts/Special Jurisdiction Courts 2. Appellate: hear cases based on claims of procedural error, usually violation of rights a. Supreme Court, Courts of Appeals C. Selection of Judges 1. Bias towards president’s partypresident’s party 2. Process: Role of Senate— “advise and consent” a. District Courts: “Senatorial Courtesy” (Blue Slip procedure) 4

Judiciary—Operation I. Getting a Decision from the Supreme Court A. 2 paths to the Supreme Court: 1. Original Jurisdiction—rarerare 2. Appellate Jurisdiction a. Through federal courts (District to Court of Appeals to Supreme Court), OR b. Through state court systems directly to Supreme Courtstate court systems directly to Supreme Court B. Getting case reviewed by the Court: petition for a writ of certiorariwrit of certiorari 1. “Rule of four” will grant the petition C. Collecting Evidence: 3 main sources 1. oral/written briefs by involved parties 2. independent clerk research 3. amicus curiae briefs (friend of the court) by interested parties D. Reaching a Decision: 3 main criteria 1. Constitution 2. precedents (stare decisis) 3. Legal philosophies: original intent (judicial restraint) vs. activism 5

Judiciary—Operation I. Getting a Decision from the Supreme Court (cont.) E. Group Dynamics 1. Leadership by Chief Justice (Earl Warren in Brown v. BOE) 2. coalition building efforts 3. consensus and legitimacy F. Rendering a Decision 1. Writing Majority Opinion 2. Other Opinions a. Concurring Opinion b. Dissenting Opinion II. Ironies of the Court System A. Nondemocratic institution upholding laws designed to govern the larger system of democratic rule Life terms, removed only for misconduct 6

Judiciary—Powers/Restraints I. Powers of the Courts A. Judicial Review: Marbury v. Madison (1803) B. Interpretation of the Law—determine meanings C. Public legitimacy—public support due to image of neutral objectivity (presidential election of 2000) II. Restraints on the Powers of the Court A. Legal: must be passive, can’t go out and “get” cases B. Congress: 1. confirmation 2. impeachment 3. control court structure 4. can change laws 5. can amend Constitution and change Court’s jurisdiction (11 th Amendment)11 th Amendment C. President 1. appointments 2. prosecutions (marijuana?)marijuana? 3. enforcement (Trail of Tears)Trail of Tears 7

Judiciary—Powers/Restraints II. Restraints on the Powers of the Court (cont.) D. Lower Courts 1. Only lower courts get to hear evidence/testimony 2. higher courts’ only recourse = overturning decision based on procedural errors E. Public legitimacy: Public Opinion is a 2-edged sword 1. Must keep public’s opinions in mind when making decisions, to retain legitimacy Busing 8