Ch 15 The Judiciary

Importance of the Rule of the Law

1. Limit government power: prevents arbitrary use of power by requiring government actions to be based on legal authority

2. Protects Individual Rights: safeguards civil liberties and human rights by ensuring laws are enforced fairly

3. Supports Accountability: Holds government officials accountable

4. Builds Trust in Government: When people believe laws are fairly applied, they’re more likely to trust institutions

5. Promotes Equality: No one is above the law

6. Ensures Order and Stability: A predictable legal system helps prevent chaos

Trial Courts

Have original jurisdiction: they are the first courts to hear a case

• Resolve lawsuits by determining the facts of the case

Appellate Courts

Courts of appeal have appellate jurisdiction: they are responsible for identifying and correcting errors made by judges in previous lawsuits

• Process of clarifying laws and choosing between conflicting laws (make law)

• No questioning of witnesses; legal brief that aims to persuade the court

• Panel of judges decides the case

Judicial review

Court authority to determine that an action taken by any government official or governing body violates or does not violate the Constitution

• Marbury v Maddison Established the principle of judicial review

Structure of the Federal Court System

Three-tiered hierarchical system

• Top, third tier: US Supreme Court

• US Court of Appeals

• US District courts (trial courts)

Court of last resort: highest court in a court system

Article I Courts

Congress created courts to administer and resolve conflicts regarding specific federal laws

• US Bankruptcy Court

• US Court of Military Appeals

• US Tax Court

• Foreign Intelligence Surveillance Act

District Courts

94 federal district courts with 673 judgeships

Have Mandatory jurisdiction: They must hear all cases filed with them

US Courts of Appeals

13 federal courts of appeals (circuit courts), which have a geographic area over which they have appellate jurisdiction

• Review the legal procedures of a case and decide whether the law was applied appropriately

US Supreme Court

The court of last resort for conflicts over the US Constitution and national laws

• Appellate jurisdiction is discretionary jurisdiction: the court may select the cases it wishes to hear among all cases appealed to it

• Has nine justices (chief justice and 8 associate justices)

Appointing Federal Judges

• Framers wanted to ensure judicial independence so that federal judges could make impartial decisions

• Article III protects seated judges IF they have good behavior, do not diminish the compensation they receive

• Article II establishes the president’s authority to appoint, with the advice and consent of the Senate, Supreme Court justices and other officers

Selection Criteria

Presidents seek competent nominees who will win Senate consent (+ demographic characteristics)

• Not required to have law degree

Representation of Demographic Groups

• Descriptive Representation: Representing major demographic groups in proportions similar to the population at large

• Substantive representation: serving the concerns of racial, ethnic, gender, or other groups to which they belong

• Symbolic Representation: idea that the Court should mirror the contours of our national demographic profile (equal opportunity to all)

Supreme Court Function

Collegial Court: made up of a panel of justices who must evaluate a case together and decide by majority vote the outcome

Choosing Cases for Review

7000 to 8000 certiorari petitions are filed with the Court each year

• Reviewed by a law clerk, and they write a cert memo with pertinent info and a recommendation for hearing (justices agree to review about 80)

Writ of certiorari: higher court’s order to a lower court to make available the records of a past case

• Justices determine whether they will consider a case according to a practice known as the Rule of Four (if four or more justices want it)

Considering Legal Briefs and Oral Arguments

Parties to the lawsuit file briefs the Court

• If they are not of party they can file amicus curiae brief or “friend or the court” brief.

Bench Memo: written by a justice’s law clerk, is a summary of the case that may also suggest questions to be asked during oral arguments

Deciding how to Vote

Three decision-making models:

• Legal model: focuses on legal norms and principles as the guiding force in judicial decision-making

• Attitudinal model: follow their policy and ideological preferences when deciding cases

• Strategic model: while justices decisions are primarily motivated by policy concerns, institutional constraints exist that limit the ability of the justices to vote in a manner that is compatible with their attitudes

Judges as Policymakers

Courts make law — common law — by deciding cases and establishing legal principles that guide future litigants and judges

• Decisions made affect not only the parties in the case but also society, the economy, and politics

Judicial Activism and Judicial Restraint

The courts’ willingness to strike down laws made by elected officials, as well as to step away from past precedents

the belief that the judiciary should not check the power of the democratically elected executive and legislative branches unless their actions clearly violate the Constitution

Constraints on Judicial Policy Making

Judges and justices face checks and constraints that limit how they decide cases, make laws, and act as policymakers

• Checked/constrained by other branches of government, lawyers, interest groups, and individual citizens

• Internal: limitations imposed by common-law doctrine of stare decisis

• Federal court judges do not diverge far from Supreme Court precedent

Judicial Legitimacy and Public Trust

President Trump is atypical as he expresses disappointment or disagreement with rulings that are contrary to his preferences, and he has also attacked the legitimacy of the courts that make those rulings