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Unit Three: Institutions of Government
Chapter The Judiciary
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Very strong judiciary in the USA
Making Policy Very strong judiciary in the USA Judicial Review Declare void and unenforceable Laws of Congress Acts of the Executive Branch
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Judicial Review Making Policy Controversy
Strict-constructionist view – explicitly in the Constitution? Activist view – what are the principles IMPLIED in the Constitution? Trends 70 years ago – activists were Conservative Now – activists more Liberal (current Supreme Court excluded)
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Development of the Federal Courts
They judged disputes between people with direct dealings between the two people Apply existing law What the LAW requires (states) Not what the judge BELIEVES the law requires
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Development of the Federal Courts
Historical Eras – 1865 Nation building Issues Legitimacy of the Federal Government Marbury v. Madison McCulloch v. Maryland Slavery
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Development of the Federal Courts
Historical Eras – 1937 Industrialization Issues Government and the economy Amendment XIV & businesses Protect people from government meddling of property without due process Extended to “businesses” are people too Amendments XIV and XV Narrow interpretation Limited rights of African Americans
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Development of the Federal Courts
Historical Eras 1938 – now Social revolution Issues Personal liberties Social equality “Packing the Court” scheme (1937?) Political liberties Civil Rights States rights Very modern movement Allows states more power in regards to federal actions
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Development of the Federal Courts
The Structure of the Federal Courts Only the SCOTUS is mentioned in the Constitution
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The National Judiciary Structure
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The National Judiciary Structure
District Courts Most local level of federal courts 94 District Courts First time cases only – NO APPEALS Hears the most cases of any level
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The National Judiciary Structure
Appellate Courts Courts of appeals And ONLY appeals 12 Circuit Courts PLUS Federal Circuit Court Nationwide reach Located in DC
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The National Judiciary Structure
The Supreme Court 9 Justices Takes appeals by selection Sometimes takes original cases
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Development of the Federal Courts
The Structure of the Federal Courts Congress created the other fed. courts Constitutional Courts Has the same constitutionally granted powers as the SCOTUS Protection of federal judges Can’t be fired Can’t have salary cut District Courts Courts of Appeals
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Development of the Federal Courts
The Structure of the Federal Courts Congress created the other fed. courts Legislative Courts Specialized purpose Judges Fixed terms of office Can be fired Can have salaries cut
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Development of the Federal Courts
Selecting Judges Ideology Important for determining behavior Other factors determining behavior Facts of the case Prior rulings by other judges A VERY strong argument presented by the lawyers
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Development of the Federal Courts
Selecting Judges Senatorial courtesy Senior senator of the state where the judge will be stationed PRIOR approval is needed
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Development of the Federal Courts
Selecting Judges Litmus Test One or two ideological issues which can be make or break issues Has allowed different interpretations in different circuits based on regional “litmuses”
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Development of the Federal Courts
Selecting Judges Litmus Test Grown into a MAJOR deal Will it even get out of committee? (Judiciary Committee) Will it die in a Senatorial filibuster? Great importance at SCOTUS No senatorial courtesy Share presidential philosophy
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The Jurisdiction of the Federal Courts
Dual Court System See Diagram in your packet
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The Jurisdiction of the Federal Courts
Federal Cases Most originate in district courts Most are simple law issues Not Constitutional issues Don’t often lead to policy
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The Jurisdiction of the Federal Courts
Federal Cases SCOTUS Only hears cases it wants to hear Writ of certiorari Considers the petitions (writs) Four or more justices want to hear it, it goes before the Court
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The Jurisdiction of the Federal Courts
Federal Cases SCOTUS Often grants certiorari when Two or more circuit courts o appeals have decided in different ways The highest state court (Supreme Court of Pennsylvania) has ruled on a Constitutional issue State law in violation of the Constitution State law is in agreement with the Constitution
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The Jurisdiction of the Federal Courts
Federal Cases SCOTUS Only accepts about 100 per session (about 4%) Huge workload Law Clerks have a lot of power Deciding which cases should be heard Writing some of the justices’ opinions
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Getting to Court Equality
All parties are equal before the courts (legally equal) Economic equality? High costs Pay for petitioning Pay for lawyers Pay for any previous hearings on the case Time
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Getting to Court (Economic) Equality
Poor people can file In forma pauperis Free Criminal cases, lawyers are supplied to you
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Getting to Court (Economic) Equality
Interest Groups may sponsor you ACLU Liberal Free speech issues Center for Individual Rights Conservative Racial quotas and Affirmative Action
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Getting to Court (Economic) Equality
Interest Groups may sponsor you Sometimes the interest groups leads the way Finding the plaintiff Mobilizing strategy Finding legal allies
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Getting to Court Fee Shifting
Usually each party must pay his or her own fees Fee shifting permits plaintiff to collect court costs Can even collect money from government Code 1983 Sovereign immunity Government can only be sued if it agrees it can be sued Consent granted Contracts Negligence
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Getting to Court Standing
Person may bring a case to court Criteria Actual controversy Must have been harmed just being a tax payer does not qualify must be harmed … physically financially emotionally (very VERY tough to prove)
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Getting to Court Class action suits
Case brought before the court By one person On behalf of the MANY who have been hurt in the same situation Civil rights Rights of prisoners Anti-trust lawsuits All members of the class MUST be notified
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Getting to Court Summation
To get the courts Must have Standing Resources
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The Supreme Court in Action
Most cases get to court by way of writ of certiorari Lawyers present BRIEFS Summarizes the facts of the case Summarizes the lower court’s decision Gives arguments Cites legal precedents
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The Supreme Court in Action
Lawyers present Oral Arguments Strictly timed sessions Highlight the brief Answer questions posed by judges
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The Supreme Court in Action
Other key players Solicitor General Nation’s top trial lawyer Often in front of Supreme Court Friends of the Court AMICUS CURIAE Interested parties not directly involved A form of judicial lobbying Legal Periodicals read by Justices
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The Supreme Court in Action
Conference room debate Strictly private Discuss the case Majority wins Tie goes to the lower court’s ruling
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The Supreme Court in Action
Writing an opinion Per curiam opinion Explains the majority decision Brief Unsigned
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The Supreme Court in Action
Detailed opinions Opinion of the Court (Majority Opinion) Longer Signed by those in the majority Concurring Opinion Agrees with the majority But for different reasons Dissenting opinion The losing opinion
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The Supreme Court in Action
Judges will often vote for a position They oppose ideologically They support the wording of the law
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The Power of the Federal Courts
The power to make policy Interpretation of the Constitution Measures of the power Laws have been declared unconstitutional
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The Power of the Federal Courts
The power to make policy Court often changes its mind Stare decisis Precedent set Importance Makes laws valid over time (stability) Equal justice means laws need to be decided pretty much the same
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The Power of the Federal Courts
Measures of the power Court often changes its mind Reasons to change Times change The previous or lower courts could have been wrong
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The Power of the Federal Courts
Measures of the power Courts are willing to handle matters once handled by the legislatures Political Questions Questions which the Constitution implies a different branch should deal with Lessened in modern times
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The Power of the Federal Courts
Measures of the power Remedies Actions which must happen to correct a situation Basis for declaring a remedy Constitutional interpretation Interpretation of federal laws
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The Power of the Federal Courts
Judicial Activism Controversial Supporters Courts serve the purpose of correcting the actions of the other branches The peoples’ last resort Critics Judges don’t have the expertise Judges don’t have the long term effects in mind Judges are not elected
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The Power of the Federal Courts
Judicial Activism Growth Government has grown larger Easier for people to get “Standing” Easier to pay costs Judges now accept activism as part of their role
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The Power of the Federal Courts
Legislation and the Courts Congress passes vaguely worded laws Allows more judicial interpretation Some laws are bound to be contested by one side or the other before the courts
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Checks on Judicial Power
Judicial Restraint encourages judges to limit the exercise of their own power asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional though what counts as obviously unconstitutional is itself a matter of some debate.
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Checks on Judicial Power
Judicial Restraint vs. Activism
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Checks on Judicial Power
No army No way to ENFORCE a decision
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Checks on Judicial Power
Congress Can alter composition of courts Appointments Takes a long time Does create change in direction of the Court Impeachments Not a big impact Ideology not usually an acceptable rationale
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Checks on Judicial Power
Congress Can alter the number of judges Lower courts Supreme Court has public shield Can pass an Amendment Revise the struck-down law Decide jurisdiction of court
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Checks on Judicial Power
Public Opinion Affects Judges Judges read Judges are sensitive to certain opinions Judges are human
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