The judiciary

republican justices

Roberts- chief justice

Thomas

Alito

Gorsuch

Kavanaugh

Barret

Democratic justices

justices appoinTED by Democratic presidents, including Breyer, Sotomayor, and Kagan.

Framers viewed the federal
judiciary as

important check against
Congress and the president

judiciary has no influence over

“sword” or the “purse”

Judicial power is ensured via:

– Insulation from public opinion
– Insulation from the rest of government

Judicial Review

power of a court to refuse to
enforce a law/government regulation
that, in the opinion of the judges,
conflicts with the U.S. Constitution or state constitution
Only a constitutional amendment or a
later Supreme Court can modify the
Court’s decisions

Adversary System

Judges serve as
relatively passive and
detached referees
who do not argue with
attorneys or challenge
evidence

The Inquisitorial
System

Judges take an active
role in discovering
and evaluating
evidence, will
question witnesses,
and intervene as
deemed necessary

Adversary System format

Court of law is a neutral arena where
two parties argue their differences
The federal government brings criminal
cases
The federal judiciary decides the cases

Types of Legal Disputes

Criminal Law
(Prosecution (state) v.
defendants)

Civil law (plaintiff v.
defendant)

Scope of Judicial Power

Judicial power is passive and reactive

Power only to decide justiciable disputes

justiciable disputes

– Harm must have been done
– Case must be ripe
– Case cannot be moot
– Case cannot be political

U.S. Department of Justice

– Led by Attorney General
• Deputy Attorney General
• Associate Attorney General
– Assisted by Solicitor General
– Provides public defenders

Types of Federal Courts

Article III (Constitutional)
Versus
Article I (Legislative)
Courts

Original Jurisdiction
The authority of a court to
hear a case “in the first
instance

Appellate Jurisdiction
The authority of a court to
review decisions made by
lower courts

Level One:
District Courts

District courts-
258,000 civil cases more
than 68,000 criminal cases
annually
Use both grand juries ("true
bill" of indictment) and petit
juries (guilt or innocence)
District judges are appointed
by the president, subject to
confirmation by the Senate,
and hold office for life

Level Two:
Circuit Courts of Appeals