chapter 16 the judicial system. roots of the federal judiciary constitution creates high court ...
TRANSCRIPT
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 SYSTEMFEDERAL AND STATESSUPREME COURT LINKS BOTHSUPREME 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 COURT9 MEMBERS
(NOT SET BY CONSTITUTION)TERM OF OFFICE = LIFE
RELEASE OPINIONSMAJORITYCONCURRINGDISSENTING
CH 18 SUM
THEMIS
BLIND JUSTICE
SCALES&
SWORD
THE U.S. SUPREME COURT BUILDING
LOCATION OF THEU.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 LineberryGovernment in America: People, Politics, and Policy
Fourteenth Edition
The Nature of the Judicial SystemTwo 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
LitigantsPlaintiff—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
Back
The Structure of the Federal Judicial System
District Courts (91 federal courts)Original Jurisdiction (Trial Court)
Case Jurisdiction Federal crimesCivil suits under federal law and across state lines
Supervise bankruptcy and naturalization
Review some federal agenciesAdmiralty and maritime law casesSupervision of naturalization of aliens
12 Courts of AppealAppellate Jurisdiction
Reviews legal issues in cases from lower courtsHold 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 CourtEnsures uniformity in interpreting
national lawsResolves conflicts among statesMaintains 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
Back
The Courts as PolicymakersAccepting Cases
Use the “rule of four” to choose casesIssues a writ of certiorari to call up the
caseSupreme Court accepts few cases each
year
Making DecisionsOral arguments heard by the justicesJustices discuss the caseOne 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
JOHNMARSHAL
L
4TH
CHIEFJUSTICE OF THE
U.S.SUPREME
COURT(1801-1835)
EARLWARREN
CHIEFJUSTICE
1953-1969
(LIBERAL)(NIXON)
WILLIAMREHNQUIS
T
CHIEFJUSTICE
1986-2005
(CONSERVATIVE)
(REAGAN)
JOHNROBERTS
CHIEFJUSTICE
2005 - ????
(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)
SummaryJudicial 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
1787-1861 ERAFEDERAL-STATE RELATIONS
McCULLOCH v MARYLAND (1819)
SLAVERYDRED SCOTT v SANDFORD(1857)
1862-1937 ERAGOV’T - ECONOMY RELATIONSHIP
FOR PRIVATE PROPERTY RIGHTS
LAISSEZ-FAIRE CAPITALISMFOR STATE REGULATION
RIGHTS
1938-2000PROTECTION OF PERSONAL LIBERTIES
2000 - ???LIMITS OF GOVERNMENT POWER ???PROTECTION OF SOCIETY ???
USSC DECIDES WHICH CASES TO HEARAPPEALATE 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 SECRETDISCUSSVOTEOPINION ASSIGNED
OPINIONS ARE WRITTEN AND RELEASED
MAJORITYABOUT 1/3 ARE
UNANIMOUS
CONCURRING
DISSENTING
COURTS PLAY A LARGE ROLE IN PUBLIC POLICY
THE POWER OF JUDICIAL REVIEWCOURTS = MORE POWERFUL
INCREASED ROLE OF GOV’T COURTS = MORE POWERFUL
AP CH 14 - THE JUDICIARYIMPORTANT TERMS-SET 1- PART
AACTIVIST APPROACHAMICUS CURIAEAPPELLATE JURISDICTIONBLOC VOTINGCIVIL LAWCLASS-ACTION SUITCONSTITUTIONAL COURTCRIMINAL LAWDIVERSITY CASESDRED SCOTT v STANFORD
FEE SHIFTINGFRIDAY CONFERENCEJUDICIAL REVIEWPOLITICAL QUESTIONSENATORIAL COURTESYSOLICITOR GENERALSTANDINGSTRICT-CONSTRUCTIONALISTSTARE DECISISWRIT OF CERTIORARI
AP CH 14 - THE JUDICIARYIMPORTANT TERMS-SET 1- PART
B
AP CH 14 - THE JUDICIARYIMPORTANT TERMS-SET 2-PART
AACTIVIST APPROACH
(JUDICIAL)BRIEFCONCURRENT OPINIONCOURTS OF APPEALDISSENTING OPINIONDISTRICT COURTFEDERAL QUESTION CASES
IN FORMA PAIPERISLEGISLATIVE COURTLITMUS TESTOPINION OF THE COURTPER CURIAM OPINIONPLAINTIFFSOVEREIGN IMMUNITYSTRICT CONSTRUCTIONALIST
APPROACH
AP CH 14 - THE JUDICIARYIMPORTANT TERMS-SET 2-
PART B
AP CH 14 - THE JUDICIARYOBJECTIVES – 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 JUDICIARYOBJECTIVES – 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 JUDICIARYQUESTIONS
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 JUDICIARYQUESTIONS (CON’T)