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Judicial branch notes The federal courts

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Page 1: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

Judicial branch notes

The federal courts

Page 2: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

The Supreme Court

• The Constitution assigns the duty of interpreting the law to the courts.

Page 3: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

The federal courts pose a special challenge to American

democracy• Federal judges are

appointed to their positions.

• And they are often in the thick of policymaking on issues ranging from abortion to prayer in public schools.

Page 4: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

How can we reconcile powerful courts populated by unelected

judges with American democracy?

• Do they pose a threat to majority rule?

• Or do the federal courts actually function to protect the rights of minorities?

• To determine the appropriate role of the courts in our democracy, we must first understand the nature of our judicial system.

Page 5: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

In addition to the Supreme Court, there are…

• 12 federal courts of appeals,

• a Court of Appeals for the Federal Circuit, and

• 90+ federal district courts

Page 6: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

There are basically two kinds of law:

• criminal law where the government charges an individual who violated specific laws, such as robbery, and…

Page 7: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

civil law which involves a dispute between two parties

• civil law cases range from divorce proceedings to mergers of multinational companies

Page 8: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

It is important to remember that about 98% of all the

criminal cases in the U.S. are heard in state and local court

systems…• and, most

accused of federal crimes enter guilty pleas as part of a plea bargain

Page 9: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

Also, the vast majority of civil cases in the federal courts are

settled out of court• Only about 2% of

the more than 250,000 civil cases in the federal courts are decided by trials.

Page 10: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

What does the Constitution say about federal judges’

qualifications?

• absolutely nothing!

So… that begs the question: could a President appoint just anybody?

Page 11: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

A historical review…

• Until the Civil War, the dominant questions before the Court concerned the strength and legitimacy of the federal gov’t and slavery.

Page 12: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

From the Civil War until 1937…

Questions of the relationship between the federal gov’t and the economy dominated – like the “sick chicken” case in which the Court sided with the poultry industry

Page 13: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

From 1938 to the present, the primary issues before the Court have concerned personal liberty and social and political equality.

Page 14: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

In the last few decades, courts have made policies involving school busing,

abortion, bilingual education, prison conditions, and many other key

issues.

• Many scholars and judges favor a policy of judicial restraint, in which judges adhere (stick) closely to precedent and play minimal roles.

• On the other side are judicial activists who favor judges making bolder policy decisions. They say courts may alleviate (help) pressing needs

Page 15: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

It is important to keep in mind that most judicial policymaking and enforcement of

laws take place in the state courts and the lower federal courts.

Page 16: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

• Under the Articles of Confederation, there was no national judicial system; this resulted in somewhat chaotic situations when states disagreed or ignored each others’ decisions, so…

• the Constitution writers created a dual court system:– one national level

of courts – 50 state systems of

courts– This organization

obviously reflects the principle of federalism.

Page 17: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

The vast majority of cases that make it to the Supreme Court

are from…1. state appellate

courts, and

2. lower (or inferior) federal courts

Page 18: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

Federal courts

• Supreme Court – considered the highest court because it is the last court at which federal questions can be decided

Page 19: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

Justices of the Supreme Court

• Chief Justice John Roberts– Bush appointee,

fall, ‘05– Harvard

undergraduate + Harvard law

– age 50– married, two

children

Page 20: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

• John Paul Stevens• Ford

appointee (’75)

• U. of Chicago graduate, Northwestern U. law

• age 86• married, 4

children

Page 21: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

• Antonin Scalia – Reagan

appointee (’86)– Georgetown U.

graduate, Harvard law

– age 70– married, 9

children

Page 22: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

• Anthony Kennedy– Reagan

appointee, (’86)– Stanford U.

graduate, Harvard law

– age 70– married, 3

children

Page 23: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

• David Souter– Bush the elder

appointee, (’90)– Harvard

undergraduate + Harvard law

– age 66– not married

Page 24: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

• Clarence Thomas– Bush the elder

appointee (’91)– Holy Cross

graduate, Yale law

– age 57– married, 1 child

Page 25: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

• Ruth Bader Ginsberg – Clinton

appointee (’93)– Cornell graduate,

Columbia law– age 73– married, 2

children

Page 26: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

• Steven Breyer– Clinton

appointee, (’94)– Stanford

graduate, Harvard law

– age 68– married, 3

children

Page 27: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

• Samuel Alito– Bush appointee

(’06)– Princeton

graduate, Yale law

– age 56– married, 2

children

Page 28: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

The Supreme Court is the only court with both original and

appellate jurisdiction• has original

jurisdiction over any disputes among states and …

• any case brought against ambassadors

• up to 5,000 cases are appealed to the Supreme Court each year, but the Court only hears a few. At least 4 Justices have to agree to hear a case (“rule of four”)

Page 29: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

•The Court decides about 120 cases each year

•When the Court accepts a case for review, it issues a writ of certiorari

•The Court works from the 1st Monday in October until the following June/July

Page 30: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

Opinions of the Court

• majority opinion- also known as the Opinion of the Court

• concurring opinion – Justice agrees with the majority opinion, but for a different reason

• dissenting opinion – Justice disputes the majority opinion

• these opinions stand as precedents meaning they affect every state and federal law pertaining to the issue

Page 31: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

Lower federal courts

• Courts of Appeals (12)

• district courts (90+) – hear the greatest number of cases

Page 32: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

More federal courts…

• Court of International Trade – hears cases involving international law

• special courts – have limited jurisdiction– Court of Military Appeals – civilian judges– Court of Veterans Claims– Claims Court– Tax Court– courts of the District of Columbia– territorial courts (Guam, N. Marianas, Virgin

Islands)

Page 33: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

Marbury v. Madison (1803)

• Its importance cannot be overstated – it established the right of judicial review

James Madison

Page 34: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

U. S. Solicitor General

• Paul D. Clements• represents or

advises the gov’t when it is party to a suit

• chief attorney for U.S.

Page 35: Judicial branch notes The federal courts. The Supreme Court The Constitution assigns the duty of interpreting the law to the courts

How much do the Justices make?

Chief Justice: $202,900 annually

Associate Justices:$194,200 annually