The Judicial Branch

The Constitution and the National Judiciary

• Article III of the Constitution establishes:– a Supreme Court in which the judicial power of the

United States is vested– life tenure or 'good behavior' for judges– judges receive compensation that cannot be diminished

during their service– such inferior courts as Congress may choose to

establish– the original jurisdiction of the Supreme Court

• The intent of Article III was to remedy the failings of the Articles of Confederation which left judicial matters to the states.

The Creation of the Federal Judicial System: Judiciary Act of 1789

• The American legal system is a dual system:– state courts--actually 50 different “systems”– federal courts

• Both systems have three tiers (established by the Judiciary Act of 1789):– trial courts--litigation begins and courts hear the

facts of the case at hand (original jurisdiction)– appellate courts--decide questions of law, not

fact (appellate jurisdiction)– high or supreme courts

Judicial Review

• Judicial review is the power of a court to decide if a law or other legal issue contravenes the Constitution, and to then overturn it.

• This power is not mentioned in the Constitution.

• Judicial review was established by the Marshall Court for itself and posterity in Marbury v. Madison (1803).

• Marbury’s long-term effect has been to allow the Court to have the final say in what the Constitution means.

Judiciary Act of 1891

• This act expanded the court system.• It created the middle level of the three tier

system know as the court of appeals/ circuit courts.

• Circuit riding was SC justices and district judges traveling around circuits to hear cases.

• After a period of time the courts of appeals were made to hear appeals form federal or state judicial system.

The basis of US Law

• Two types of Law:

• Common law which is made by judges deciding cases.

• Code law which is enacted primarily by legislation and chief executives.

Language of US Law

• Litigation: refers to the process by which cases are brought and decided in the American legal system.

• Plaintiff: the party bringing the case to court.

• Defendant: a person defending themselves against plaintiffs accusations.

Types of Law Cases

• Civil Law Cases– Law dealing with the rights and relationships of

private citizens.– Plaintiff: the person who file suit.– Defendant: One against whom a legal charge has

been made.

• Criminal Law Cases– Type of law dealing with crimes and providing for their

punishment.

• Constitutional Law Cases– Type of law relating to the interpretation of the

Constitution.– Federal Court has jurisdiction

Language of US Law cont…

• Tort: a wrongful act involving a personal injury or harm to one’s property or reputation.

• At the appellate level the plaintiff and defendants titles change to:

• Petitioner: also called appellant; party seeking the lower courts decision reviewed.

• Respondent: also called appellate; the party opposing the hearing of a case by an appellate court.

Common Law and its history

• Law created by the courts and binds all courts to consider similar cases in the future.

• Schiavo case• Cruzan vs. Missouri• It started after the Norman invasion to unify

England.• Nobles realized that it could limit the crown• The Magna Carta was based off of Common

law.• In common law the Jury provides a check on the

government.

Stare Decisis

• “Let the decision stand”

• This means judges must abide by the legal precedent, that is legal authority that previous case established.

• This also insures consistency in the judicial system.

Code Law

• By the early 20th century Congress and the states started creating laws to regulate individual behaviors and organizations to deal with an array of issues.

• Ex: USA Patriot Act

Sources of US Law

• The five sources of US law are:

• The US and state Constitutions

• Statutes

• Judicial decisions

• Executive orders

• Administrative and regulatory law

Federal and State Constitutions

• Constitutions are the highest form of law in the land.

• They act as the blue print of government as well as provide structure for the three branches of government.

• Constitutional law is the body of law that comes out of the courts in cases involving the interpretation of the Constitution.

• Government can challenge SC rulings.• Ex: Prayer in school

Statute

• Laws written by legislatures.

• US code: a compilation of all the laws passed by the U.S. Congress

• Ex: agriculture, bankruptcy, highways, postal service, and war and defense.

Judicial Decisions

• Based on the principal Stare Decisis

• These cases tend to occur in courts of last resorts.

• Judges write an opinion justifying their ruling

• Judicial opinions then become part of common law.

Executive Orders

• The authority to issue an executive order is the law making power held by the President and governors.

• The U.S and state constitutions grant this power.

Administrative Law

• Administrative law centers on rule making authority that legislators grant to bureaucrats.

• It allows bureaucrats to act as quasi legislators in creating, implementing and interpreting administrative rules.

Federal Court System

• It is said to be a dual court system: a two part judicial system such as that of the U.S./ Federal and State.

• All cases originate from a trial court, which is were the case is heard for the first time and where the facts of the case are determined.

Jurisdiction of Federal Courts

• Jurisdiction is the power of a court to hear a case and to resolve it , given to a court by either a constitution or a statute.

• Federal question: a question of law based on interpretation of the U.S constitution, federal laws, or treaties.

Jurisdiction of the Courts• Jurisdiction: The right to interpret and apply the

law; a courts range of authority.• Federal Courts

– Reps of foreign nations– Maritime law (law of the sea)– Bankruptcy cases– Two or more state governments– Citizens of different states– A state and a citizen of a different state or country– U.S. laws and treaties under the Constitution

Jurisdiction of the Courts

• Exclusive Jurisdiction– The authority of the federal courts alone to hear and

rule in certain cases.

• Concurrent Jurisdiction– The authority to hear cases shared by the federal and

state courts.

• Original Jurisdiction– The court’s authority to hear a case for the first time.

• Appellate Jurisdiction– The court’s authority to hear cases on appeal.

Federal District Courts

• Structured like a pyramid

• There are 94 federal district courts at the bottom of this pyramid. Trial courts

• Judge and jury decide what happened in the case and then apply the law.

US court of Appeals• Middle of the pyramid are the 13 courts of

appeals. Was originally 9 courts.

• Twelve of those are in circuits or regions of the country. The 13th is in D.C.

• 179 judges.

• 1st circuit has 6 judges/ Smallest

• 9th circuit has 28 judges/ Largest

• Each circuit has a chief judge in it./ The judge with the most seniority but under age 65

• Panel is made up of three judges.

US court of Appeals cont.

– Never have original jurisdiction.– Decide whether errors occurred in the original trial.

• The Court of International Trade– Hears cases related to tariffs and trade.– Military appeals– Tax court – Veteran Appeals

U.S. District and Appellate Courts

Administrative Office of the United States Courts (January 1983).

Race/Ethnicity and Gender of District Court Appointees

Federal Judges• Selection Criteria

– Experience and Background• Almost all have law degrees, but come from a variety of

backgrounds.

– Party Affiliation• President usually picks someone from their own party.

– Political Ideology• Conservatives select conservatives, liberals select liberals.

– Race and Gender• Thurgood Marshall: First African American on Supreme

Court• Sandra Day O’Connor: First female

– Senatorial Courtesy• The president first asks the Senators from the Judges home

state to approve of the selection

Selection Process

• Judges have lifetime positions and can only be removed by impeachment.– 13 have been impeached, 7 convicted.

• The President’s Choice (Who he consults)– Congress– Agencies within the Executive Branch– Sitting judges and justices– Prospective nominees– American Bar Association

Selection Process

• Senate Confirmation– Senate Judiciary Committee interviews nominee and

makes a recommendation.– If the committee does not recommend, the candidate

is usually rejected.– 28 of the 146 Supreme Court nominees have not

passed.

• Selection Gridlock– Gridlock: when nothing gets done– Increases workload of the courts.

The Supreme Court Today

• According to a 1990 poll, only 23% of Americans knew how many justices sit on the Supreme Court, and two-thirds could not name a single member.

• In 1998, a poll of teenagers showed that only 2% could name the Chief Justice.

• The Supreme Court, and the federal court system, have a number of powers and some significant limitations.

• The courts are peopled by individuals who, like all of us, are influenced by participation in society.

The United States Supreme Court

Current U.S. Supreme Court Members

• Current U.S. Supreme Court Members

Supreme Court In Action

• Pool Memo• Discuss list• The U.S. Supreme Court grants a writ of

certiorari to a very small number of cases every year– Three factors to determine whether a case is

accepted.• If different decisions have been made by the lower courts.• If lower court conflicts with previous Supreme Court decision.• If the issue is significant beyond the two parties involved in

the case.

– Rule of Four

Supreme Court Cont.• Hearing Cases• Petitioner has 45 days to submit a brief and 30

days on the opposing side

– Cases heard on Monday, Tuesday and Wednesday, from October to June.

– Hearing is public. Oral arguments– Interest Groups and other political actors file amicus

curae briefs with the Court- 90 was the largest number- affirmative action at University of Michigan

• Try to influence decision to grant cert (or not grant cert)• Also try to influence the decision

Supreme Court Cont.

• Deciding the Case– Justices meet privately after the public

meeting.– 1/3 of decisions are unanimous.– Majority Opinion: View of the justices who

agree with a particular ruling.– Dissenting Opinion: View of one or more

justices who disagree with the ruling.– Concurrent Opinion: Opinion of one or more

justices who agree with the majority’s conclusion, but for differing reasons.

How the Justices Vote

Legal Factors• Judicial Philosophy

– Judicial Restraint - advocates minimalist roles for judges

– Judicial Activism - feels that judges should use the law to promote justice, equality, and personal liberty.

• Precedent– Prior judicial decisions serve as a rule for settling

subsequent cases of a similar nature.

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

Arguments Against Judicial Activism

• Judges lack expertise in designing and managing complex institutions

• Initiatives require balancing policy priorities and allocating public revenues

• Courts are not accountable because judges are not elected

Landmark Court Cases• Marbury v. Madison (1803)• McCulloch v. Maryland

(1819)• Dredd Scott v. Sanford

(1857)• Plessey v. Ferguson (1896)• Brown v. Board of Education

of Topeka, Kansas (1954)• Roe v. Wade (1973)• Gibbons v. Ogden• Munn v. Illinois• Gitlow v. New York• Gideon v. Wainwright• Clinton v. City of New York

• Miranda v. Arizona

• United States v. Nixon

• South Dakota v. Dole

• Texas v. Johnson

• Bush v. Gore

Constitutional Courts

• Federal court with constitutionally based powers and whose judges serve for life.

• Created by Judiciary Act of 1789• The District Courts

– Primary Trial Courts in the Federal System– Where most federal cases go.– Grand Jury: a group of people who evaluate whether

or not there is enough evidence to try a person.– Petit Jury: jury that decides a person’s innocence or

guilt. Trial Jury