pearson education, inc. © 2005 chapter 14 the courts

Pearson Education, Inc. © 2005

Chapter 14

THE COURTS


The Supreme Court Stops the Florida Recount

• The night of November 7, 2000, media reports on the Presidential election swung wildly as the tight race in Florida unfolded.

• As reports of voting irregularities and inaccuracies surfaced, Democrats called for a hand re-count in three Florida counties.

• On November 13, Florida Secretary of State Katherine Harris refused the request, declaring George W. Bush the winner of Florida’s 25 electoral votes.


• Democrats were outraged, and several counties continued with the hand-count despite Harris’ announcement.

• On December 8, the Florida Supreme Court ruled that the hand counts could continue.

• But on December 12, the U.S. Supreme Court overturned the Florida Court’s decision.

• On December 13, Al Gore conceded the election to George W. Bush.


• The Supreme Court’s decision contradicts several “iron-clad” rules and traditions in the Court:– The Court has generally avoided becoming involved in “political”

and “partisan” issues.– The Court has generally avoided cases that might hurt its

reputation or that of the courts in general.– The Court generally tries to avoid 5-4 votes on controversial

issues.– The Court almost always intends that its decisions will serve as

precedents for all other courts to follow.– The Court usually tries to be consistent with its previous rulings in

a particular domain of the law.

• Though this case is likely the “exception that proves the rule,” it still gives us insight into how the Court normally behaves.


The Structural Context of Court Behavior

• Constitutional powers – Article III (the Judicial Article) provides very little

detail about the organization and operations of the judicial branch.

• The power of judicial review– Marbury v. Madison (1803)

• Writ of mandamus• Original jurisdiction

• Judicial review and democracy


The U.S. Court System: Organization and Jurisdiction

• Dual court system– There is one court system for the

national government and one in each of the states.

– Most laws, legal disputes, and court decisions are located in the states.

– The most important political and constitutional issues eventually reach the federal courts.


Constitutional Provisions

• The Supreme Court is the only court specifically mentioned in Article III of the Constitution.

• Congress was given the task of establishing “such inferior courts as the Congress may from time to time ordain and establish.”


•Article III specifies the jurisdiction of the federal courts.

•The Constitution•Federal statues and treaties•Admiralty and maritime issues•Controversies in which the U.S. government is a party•Disputes between the states.•Disputes between a state and a citizen of another state•Disputes between a state (or a citizen of a state) and foreign states or citizens


Federal District Courts — Trial Courts of Original Jurisdiction

• Most cases in the federal court system are first heard in one of the 94 district courts, and most of the business of the federal courts takes place at this level.

• Grand juries are used to indict a defendant in criminal cases.

• This is the only level of federal court that uses juries and witnesses.

• Some cases are heard by petit (trial) juries while some are heard by a judge (bench trial).


U.S. Courts of Appeal — Intermediate-level Courts of

Appellate Jurisdiction

• Courts of appeal do not hear new cases; they hear only cases on appeal.

• The United States is divided into 12 geographic regions (circuits) to hear appeals from the district courts.

• There is also a 13th appeals court, called the U.S. Court of Appeals for the Federal Circuit, located in Washington, D.C.


Procedure in the Courts of Appeal

• Briefs• Oral arguments

– New factual evidence cannot be introduced.– Appeals are based on legal issues rather than facts.– No witnesses are called or cross-examined.– The panel issues a decision, often weeks or even

months after the oral arguments.– In important cases, the decision may be accompanied by

a written opinion that explains the reasoning of the court.

• Decisions establish precedents that guide other judges; significance of stare decisis


U.S. Supreme Court

• A court of both original jurisdiction and appellate jurisdiction

• The size of the Court is determined by Congress; the number has been set at nine since 1869.

• The decisions and opinions of the Supreme Court become the most important sources of precedent on federal and constitutional questions for courts at all levels of jurisdiction.


• Congress determines the appellate jurisdiction of the Supreme Court.

•The Supreme Court serves as an appellate court for the federal appeals courts and for the highest courts of the states.

•Appellate jurisdiction is discretionary; the Supreme Court decides for itself whether to accept the case.


Appointment to the Federal Bench

• The appointment process– Nominated by the President– Characteristics of federal judges– Senate power to confirm or

reject Presidential nominations•senatorial courtesy•increasing contentiousness


• Ideology– Presidents often nominate

judges who share their ideological and program commitments.

– Presidents are sometimes surprised by decisions of their nominees.


The Supreme Court in Action

– A set of unwritten but clearly understood rules of behavior (norms) shapes how the Court does things. •Secrecy•Seniority•Precedent


Controlling the Agenda– The Court has a number of screening mechanisms to control

its docket.• Cases must be real and adverse.• Parties in a case must have standing.• Cases must be ripe.• Appeals must be filed within a specified time limit, paperwork

must be proper and complete, and a filing fee must be paid.• Requirements may be waived if a petitioner is indigent and

files an affidavit in forma pauperis.• The most important tool that the Court has for controlling its

agenda is the power to grant or not to grant a writ of certiorari (cert).

– rule of four


Deciding Cases• Cases that are granted cert will be

scheduled for oral argument.• After reading the briefs and hearing oral

arguments, the justices meet in conference to deliberate and reach a decision.

• Written opinion — a statement of the legal reasoning that supports the decision of the Court– opinion of the Court– concurring opinion– dissenting opinion


The Supreme Court As a National Policymaker

• People often say that the Court should not make policy but should only settle disputes.

• The Court can’t help but make public policy because the disputes it settles involve contentious public issues and fundamental questions about the meaning of our constitutional rules.

• There are certain restrictions on the Court’s power to make policy.


Structural Change and Constitutional Interpretation: Three Periods in the

History of U.S. Constitutional Law

• Period I: National power and property rights

• Period II: Government and the economy

• Period III: Individual rights and liberties

• Period IV: Conservative retrenchment


The Debate Over Judicial Activism

• Judicial review • Reversing past Supreme Court decisions• Deciding political questions• Remedies• Loose construction contrasted with

original intention and strict construction

• The modern Court is more activist than it was in the past.


Governmental Influences on the Supreme Court

• The Court must coexist with other governmental bodies that have their own powers, interests, constituencies, and perceptions of the public good.

• The Court does not have any independent means of enforcing its decisions.

• The President and Congress have constitutional powers that give them some degree of influence over the Court.


Political Linkage Influences on the Court

• Interest groups and social movements – test cases; class action suits– amicus curiae briefs

• Public and private sector leaders• Public opinion

pearson education, inc. © 2005 chapter 14 the courts

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