Chapter 13 - The Judiciary

What are the two thing the U.S. courts pride themselves on?

protecting the constitution from breaches by other branches (checks and balances), and protecting individual right against government/societal oppresion

How do courts differ from Congress/the president in policy making?

congress and the president address broad policy questions; courts rule on specific, narrower cases tied to individual circumstances

How can courts make public policy?

through their rulings and interpretations as cases are brought before them

Brown v. Board of Education (1954)

public schools must be desegregated

Gideon v. Wainwright (1963)

poor criminal defendants must be provided an attorney

Miranda v. Arizona (1966)

criminal suspects must be read their rights

Roe v. Wade (1973)

women have a constitutional right to abortion

McDonald v. CHicago (2010)

an individual has the right to a handgun in his or her home

Riley v. California (2014)

police may not search a cell phone without a warrant

Obergefell v. Hodges (2015)

same-sex couples have the right to marry in all states

Lawrence v. Texas (2003)

overturned an earlier sodomy ruling, a 6-3 decision that made national headlines

Dual court system

a judiciary made of two parallel systems: federal courts and state courts, each with trial, appellate, and highest courts

What are the three tiers found in both federal and state systems?

trial courts, appellate courts, and courts of last resort

Pro of the dual court system?

gives people more than one system to protect their rights

Con of the dual court system

different courts/laws across states and the nation can create legal complexity and inconsistent outcomes

What percentage of all cases do state courts hear?

about 90 percent

What makes a case a “federal question”?

it involves the constitution, federal laws or treaties

What makes a case involve a “federal party”?

the U.S. government is a party to the case

What is “diversity of citizenship” jurisdication?

federal cases between citizens of different states, or a U.S. citizen and a foreign citizen, with a damage claim of at least $75,000

How many U.S. district courts are there?

94

District courts

trial courts of the federal system; no district crosses state lines, and a single judge oversees each one

How many U.S. courts of appeals (circuit courts) are there?

13

Court of appeals

overseen by a rotating panel of three judges who review trial court rulings (no trials held)

How many federal judicial circuits are geographically based, and how many are in Washington, DC?

11 geographic circuits, plus 2 in DC

Stare decisis

latin for “stand by things decided”; today’s rulings rely on past precedent, and future rulings rely on today’s

Why is stare decisis important?

it gives the common law system consistency, certainty, and stability in legal interpretation

Justice Benjamin Cardozo’s point about precedent?

adherence to precedent must be the rule, not the exception, so litigants trust the justice system is even-handed

What are the four steps to becoming a federal judge?

1. president nominates

2. senate Judiciary Committee review

3. full senate confirms by majority vote

4. judge is sworn in

How long do federal judges and justices serve?

lifetime terms

Solicitor general

the lawyer who represents the federal government before the supreme court

About what fraction of solicitor general cases involve the federal government?

about two-thirds

What else can the solicitor general do besides bring cases?

intervene or comment as a third party in cases where the U.S. isn’t a party, and recommend the Court decline to hear a case

How many justices sit on the Supreme Court?

nine

How long do Supreme Courts justices serve?

lifetime terms

Name three failed Supreme Court nominations mentioned?

Robert Bork, Douglas Ginsburg, and Harriet Miers

What did FDR’s 1937 “court-packing” plan try to do?

increase the number of Supreme Court justices; it failed, and the Court has remained at nine

About what percentage of the ~10,000 cases requested each year does the Court accept?

fewer than 2%

Rule of Four

at least four of the nine justices must vote to accept a case for review

Writ of certiorari?

a petitioner’s request that the supreme court order a lower court to send uo the record of a case

What outside influences affect which cases the COurt takes?

interest groups, public opinion, media attention, and the solicitor general

Brief

a short argument explaining a party’s view of the case, filed once a case is docketed

During what months does the Court hear oral arguments?

october through april

How much time does each side get during the oral arguments?

30 minutes

Conference

a private meeting held twice a week (while in session) where justices discuss and vote on cases

In what order do justices speak during conference?

the chief justice first, then each justice in descending order of seniority, ending with the most recently appointed

Majority opinion

the published explanation of the decision that the majority of justices agree with; it sets precedent

Dissenting opinion

written by a justice who disagrees with the majority’s outcome

Concurring opinion

written by a justice who agrees with the outcome but the majority’s reasoning

Judicial activism

the belief that judges should actively defend individual rights and liberties through their rulings

Judicial restraint

the belief that judges should defer decisions to the elected branched

Besides legal philosophy, what else influences a justice’s decisions?

personal beliefs, political attitudes, and public opinions

How does the president check the judiciary?

through judicial nominations, the solicitor general’s involvement, and submitting amicus briefs

How does Congress check the judiciary?

by modifying federal court structure, accepting/rejecting nominees, rewriting laws, or starting a constitutional amendmend process

Judicial implementation

the court’s reliance on the executive branch to enforce its rulings and the legislative branch to fund them; considered the most significant check on the courts

Real world example of judicial implementation

Eisenhower sending federal troops to enforce desegregation at Little Rock in 1957 (the “Little Rock Nine”)