1. THE FEDERAL COURTS
STUDENT NOTES 10.2

2. SCOTUS IN ACTION Session October-June Writ of certiorari Rule of Four
US gov’t is party (1/2 caseload) solicitor general represent US
Amicus curiae – influence judges, offer new arguments, lobbying for the court
Role of CJ – speaks first, votes last, guides debate, writes decision for majority opinion
100 cases/year
Tie – lower court decision stands
2/5 cases unanimous

3. Writs of Certiorari
The Rule of Four requires agreement of four justices to hear the case
Involving significant federal or constitutional question
Involving conflicting decisions by circuit courts
Involving constitutional interpretation by one of the highest state courts

4. OPINIONS
Justices issue a written document explaining their reasoning in a case, known as a majority opinion, or by issuing one of two types of other opinions: a concurrence or a dissent.

5. POWER OF SCOTUS Decisions are LAW OF THE LAND
Make policy through new interpretation of laws or Constitution
Extend meaning of current law
Establish precedent (stare decisis) – “let the decision stand”
Similar cases decided in similar manner

6. JUDICIAL ACTIVISM
federal judiciary should take an active role in using its powers to check the activities of Congress, state legislatures, and administrative agencies when those government bodies exceed their authority
Opponents: usurps the power of the elected branches of government
Defenders: form of judicial review

7. Arguments for Judicial Activism
Courts should correct injustices when other branches or state governments refuse to do so.
Courts are the last resort for those without the power or influence to gain new laws.

8. Arguments Against Judicial Activism
Judges lack expertise in designing and managing policies.
The court makes decisions that require funding state governments don’t have or would prefer to spend elsewhere.
Courts are not accountable because judges are not elected and serve life terms.

9. JUDICIAL RESTRAINT The opposite of activism…
courts should defer to the decisions made by the legislative and executive branches, because members of Congress and the president are elected by the people whereas members of he federal judiciary are not

10. CHECKS ON JUDICIARY No implementation power Appointed by POTUS
Confirmed by Senate
Impeachable
COTUS limit size and jurisdiction
Overturn decision w/ amendment
COTUS passes slightly revised law

11. Public Opinion and the Courts
Defying public opinion may harm the legitimacy and reputation of the Supreme Court.
Appointment process and life terms insulate justices from public opinion.
Justices deliberate in secret.
Impeachment and lack of enforcement power mean justices are not completely isolated from public opinion. The Court counts on others to respect its decisions.

12. ROLE OF THE COURT Not representative of American public
Should the opinion of the court represent the opinion of the majority? (Democracy) Or leave it up to the people’s branch, Congress?
Protects the Constitution which was the will of the people

13. Checks on Judicial Power
Public Opinion and the Courts
Restrains and energizes
Activism coincides with political change
Most changes in Court come from changes in its personnel (not from Congress)

14. MARSHALL COURT Legacy:
Strengthened the court and the federal government
Judicial Review: Marbury v. Madison
Appointed in 1801 by John Adams

15. JUDICIAL REVIEW
John Marshall, one of the midnight appointments, now Chief Justice
Decision:
Madison was wrong however,
The Judiciary Act of 1789 contradicted the plain words of the Constitution about SC’s jurisdiction
Outcome:
SC did not have jurisdiction over the case
Declared an act of Congress unconstitutional

16. Judicial Review
Judicial review: the right of the federal courts to rule on the constitutionality of laws and executive actions.
It is the chief judicial weapon in the checks and balances system.

17. WARREN COURT Appointed by Eisenhower 1953-1969
Former Governor of California
LEGACY: liberal decisions – ACTIVIST COURT
Cases:
Church and State:
Engel v. Vitale
Free Speech:
Tinker v. Des Moines
Desegregated schools:
Brown v. Board of Education Topeka, KA
Criminal Rights:
Gideon v. Wainwright- entitled legal representation
Miranda v. Arizona- safeguard while under arrest

18. BURGER COURT
Appointed by Nixon along with 3 others including Rehnquist ( )
LEGACY: disappointed Nixon’s conservative agenda
Nixon meant to reverse liberalism of Warren Court
United States v. Nixon 1974
Roe v. Wade
Abortion legal in first trimester