1. Federal Court System
The US has a “dual court system” (includes both federal and state courts)
Federal cases…
- circumstances are listed under Article III and 11th Amendment of
Constitution
- usually involves Constitution, federal law, treaties, diversity cases (those
involving citizens/issues of different states)
- some cases can be tried in either federal or state court (if both federal and
state laws have been broken “dual sovereignty”)
- both fed and state government have the right to enact laws and neither
can block prosecution
- state cases can sometimes be appealed to the Supreme Court

4. The courts are supposed to act as democratic institutions, but there can
be major obstacles to getting a case to court
- Supreme Court reject all but a few of the cases up for
certiorari (review)
- costs of appeals are high (though government will provide
representation to people who can’t afford it “in forma
pauperis”)
- fee shifting (losing defendant pays the plaintiff’s expenses)
- standing (guidelines for who can bring a case to court)
* must be real controversy between adversaries
* personal harm must be evident
The US government must submit to being sued “sovereign immunity”
Class Action: cases brought before court on behalf of similarly situation
Individuals (suing as a group, rather than a single person)
- 1974: rules tightened on class action suits, making it more difficult to bring
them to federal court

5. Federal courts have the power to shape policy through
- interpretation of Constitution or law
- extending the reach of an existing law
Measures of Power
- number of laws declared unconstitutional (over 130)
- number of prior cases overturned or not following precedent
(over 260 cases since 1810)
- the extent to which judges will handle cases that had once
been left to the legislature (cases of involving political issues)
- basis for court orders can come directly from Constitution or
from court interpretation of federal laws
Views on Judicial Activism
Supporters
- courts should correct injustices when other branches or state
governments refuse to do so (courts are last resort for those
without power to influence the law)

6. Opponents
- judges lack expertise in managing complex governmental issues
- activist decisions often require ability to balance policy priorities
and budget allocation (these are things judges aren’t familiar with)
- courts aren’t accountable because judges aren’t elected, so they
don’t have to deal with the consequences of a decision like elected
officials would