To Accompany Comprehensive, Alternate, and Texas Editions American Government: Roots and Reform , 10th edition Karen O’Connor and Larry J. Sabato Pearson Education, 2009 Chapter 10 The Judiciary
Transcript
To Accompany Comprehensive, Alternate, and Texas Editions
American Government: Roots and Reform , 10th edition
Karen O’Connor and Larry J. Sabato
Pearson Education, 2009
Chapter 10
The Judiciary
Roots of the Federal Judiciary
Hamilton called it “the least dangerous branch.”
Little on the judiciary in the constitution.
Creates high Court, Congress establishes others.
Judges have life tenure with good behavior.
Congress can alter the Court’s jurisdiction.
Constitution is silent on judicial review.
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Presentation Notes
Hamilton – true in the late 1700’s however, today the federal courts are different and more powerful. They still have 2 limitations – No power of the purse and no power of the sword (They can rule on issues, but cannot fund programs or implementation). The courts can not force compliance with their rulings – Congress and Executive Branch can Article III Establishes Supreme Court, Life Tenure for judges (Good behavior), Judge compensation, inferior courts established and original jurisdiction of the Supreme Court. INTENT of Article III – remedy failings of Articles of Confederation – which left the judiciary matters to the states.
Judiciary Act of 1789
Established three-tiered federal court system.
Can appeal through the system.
Federal district courts at the bottom.
Courts of appeals in the middle.
U.S. Supreme Court at the top.
Court had little power, few wanted to serve.
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This created the inferior courts Three-tiered – District, Circuit Courts of Appeals and then Supreme Court Set the number of justices to 6, it is now 9 because of the Judiciary Act of 1869 Power of the court was weak – many left for better jobs
The Marshall Court
Chief Justice John Marshall gave Court prestige.
Discontinued practice of seriatim.
Established power over states in McCulloch (1819).
Established judicial review in Marbury v. Madison (1803).
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Presentation Notes
Marbury v. Madison – President Adams appointed John Marshall – brought prestige to the court and the considered the most important Justice ever to serve the court. Other reforms – single court opinion emphasizing unity, deciding on cases that would allow the court to be the final decision on Constitutionality, Supreme Court could declare state laws to be invalid, broad interpretation of the “necessary and proper clause” Judicial review is the power to decide if a law or other legale issue contravenes the Constitution and overtun it. This was established by Marbury v. Madison 1803
American Legal System
A court must have jurisdiction to hear a case.
Jurisdiction can be original or appellate.
Cases can be criminal or civil.
Most courts are constitutional courts.
Specialized legislative courts may also be created.
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Dual system – state courts & federal courts Both courts have three tiers (trial, appellate and high/supreme courts) Two types of Jurisdiction (1st & 2nd Star) ~ Original is the courts authority to determine the facts of the case. Appellate is the power to review or revise a lower courts decision. US Supreme Court has both types of jurisdiction (6% of its caseload consists of original jurisdiction cases – 2 or more states, ambassadors/diplomats, or state v. citizen of another state). 94% of the SC cases are through the appeals process. Criminal and Civil Law – Criminal law regulate individual conduct (Laws determine legal or illegal) - Government is usually the plaintiff in criminal cases because crimes are against society. Most crimes are state crimes – however, kidnapping or bank robbery are Federal/national crimes. If settled out of court it is through a plea bargain or dismissal. Civil Law – relations between private citizens (recovering damages). Most civil disputes are settled out of court.
District Courts
Trial courts of original jurisdiction.
At least one per state.
Cases involve federal government or question.
Also citizens from two states if over $75,000.
Cases decided by a single judge (possibly with jury).
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Presentation Notes
94 District Courts – 678 Active judges and 300 retired judges who assist on limited basis Every state has at least 1 district court and larger states have up to 4 They hear cases on federal government as a party; federal or constitutional issue; treaty or federal statute; civil suits from different states and money over $75,000 US Attorney overseas – nominated by the president and confirmed by the Senate – chief law enforcer for that district.
Courts of Appeals
Appellate courts with no original jurisdiction.
Cases decided by three-judge panels.
Cases are appeals from district courts or agencies.
Correct errors of procedure or law.
Submit a brief to have a case heard.
Decisions set a precedent for only that circuit.
Judges may abide by stare decisis.
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Presentation Notes
11 circuit courts plus DC Court of Appeals and US Court of Appeal for the Federal Circuit – 13 TOTAL No original jurisdiction. Litigant does not have automatic right of appeal – they hear NO new testimony Precedent – extremely important in our legal system based on common law. Only the US Supreme Court can set them. Stare Decisis – Let the decision stand; judges rely on case law (past decisions) to shape opinions which leads to continuity and predictability
Supreme Court
Appellate and original jurisdiction.
Ensures uniform interpretation of laws.
Maintains national supremacy.
Nine justices hear decisions en banc.
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Final interpreter of the US Constitution Constitution does not specifically state number of justices One justice is appointed (Chief) and others are Associate Justices Chief Justice presides over public sessions of the Court and conduct conferences, assigns writing of opinions and administers the oath of office to the President & VP for Inauguration Day Small Staff – Approx 400, and hears 75-90 cases per term. Jurisdiction is determined by the Constitution and the Court itself.
Selecting Federal Judges
President makes appointments.
Use of senatorial courtesy.
Competence; use of ABA ratings.
Ideology or policy preferences.
Rewards or political support.
Religion, race, ethnicity, and gender.
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Judges are nominated by the president and confirmed by the senate – Political influences??? ABA – American Bar Association Prior Judicial experience Nominees share political philosophy and policy preferences Nominees are personal friends of the President or are party activists Traditionally there was a “Jewish” seat on the court, most have been Protestant Only 2 African Americans have served and 2 women have served – the rest white males
Supreme Court Confirmation
List of potential nominees sent to FBI and ABA.
Candidates investigated and rated.
Interest groups mobilize lobbying efforts.
Senate holds committee hearings.
Full Senate votes on nominee.
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Investigation process – FBI, ABA ratings Formal Nomination sent to Senate – Judiciary Committee conducts its own investigation Lobbying – political scope/support for topics (gun control, abortion, gay marriage, etc.) Senate hearings – once accepted by Judiciary committee – full Senate Votes
Deciding to Hear a Case
Works hard for privacy and decorum.
Receives many more cases than it can hear.
Interested parties file a writ of certiorari.
Court decides to hear case using Rule of Four.
Clerks play key role throughout process.
Factors Influencing Review
Solicitor general asking for review.
Solicitor general files amicus brief.
Conflict among the courts of appeals.
Case presents civil rights or liberties question.
Case involves policy preferences of the justices.
Interest group participation.
Hearing and Deciding the Case
Amicus briefs may be submitted beforehand.
Oral arguments generally last one hour.
Solicitor general may also appear.
Oral argument provides chance to ask questions.
Meet in closed conference to discuss and vote.
Opinion written and circulated.
Concurring or dissenting opinions may also be filed.
