Unit 2: How the Judiciary works and Functions

Judicial Independence: Article III, Section 1

Judicial independence means that judges and courts are free from outside pressure — especially from the other branches of government, political parties, or public opinion — so they can make fair, unbiased decisions based only on the law and the Constitution. It's protected by life tenure for federal judges and salaries that can’t be lowered, helping ensure the judiciary stays neutral and separate from politics.

Jurisdiction: Article III, Section 2:

Refers to the types of cases that a court can hear and decide.

Federal courts have two types of jurisdiction – Original and Appellate.

ORIGINAL

JURISDICTION

The authority to hear a case first, including the finding of facts.

• The Supreme Court’s original jurisdiction is stated in Article III, Section 2 and can only be changed by constitutional amendment.

• This type of jurisdiction is rarely used by the Supreme Court.

• Examples – cases involving: 1) one or more states, 2) foreign diplomats, etc.

APPELLATE

JURISDICTION

The authority to review the decisions made by lower courts.

• The Supreme Court can hear appeals from the U.S. Court of Appeals as well as each state’s highest appeals court.

• This type of jurisdiction is most commonly used by the Supreme Court.

U.S. District Courts

• Trial courts handle all federal criminal and civil cases. They have original jurisdiction in most cases.

  • Criminal: cases involving wrongdoing that harms the community

  • Civil: cases involving private rights/relationships between individuals and groups

• Litigants present cases to a jury and a single judge 

• Exclusive jurisdiction over bankruptcy cases

• Rely on Supreme Court rulings (precedent) to guide decisions

U.S. Court of Appeals

• Position: Middle level of the federal court system, above the District Courts but below the Supreme Court.

• Role: These courts review the decisions made by District Courts to determine if there were legal errors. They do not hold trials, but they decide on appeals.

• Example: If a person is convicted in a District Court and believes there was a legal mistake, they can appeal to the U.S. Court of Appeals.

U.S Supreme Court

• Position: Highest level of the federal judiciary.

• Role: The Supreme Court has the final say on legal issues in the U.S. It hears appeals from the Court of Appeals and, in rare cases, from the District Courts. Its rulings set nationwide precedents.

• Example: Major cases like Brown v. Board of Education and Roe v. Wade were decided by the Supreme Court, influencing laws across the entire country.

what the supreme court can do

• Resolves disputes that arise over the meaning of federal laws

• Determines constitutionality of federal, state, and local laws

• Ensures that federal law is uniform across the country

How does a case get to the courts? (supreme)

• Most of the cases that reach the Supreme Court start in the federal courts.

• The Supreme Court chooses which case it wants to hear.

  • At least four justices need to agree to hear a case - Rule of Four

• If the Supreme Court chooses a case, it issues a Writ of Certiorari

• The Supreme Court usually hears about 80-100 cases per term (out of about 9,000 appeals filed).

Criteria for selection of the supreme court

1. Significant federal or Constitutional question

2. Conflicting decisions by U.S. Courts of Appeals Circuits

3. Decisions from the highest courts of any state that constitutionally interpret federal or state laws.

What can congress do to limit the judiciary?

Congress can limit the Supreme Court and other federal courts by altering the number of justices or judges, such as through changes to the size of the Supreme Court. They can also impeach and remove judges who engage in misconduct or violate their duties. Additionally, Congress can pass laws that override court decisions, or alter the jurisdiction of lower courts, limiting the types of cases they can hear.

What can executive branch do to limit the judiciary?

The executive branch can limit the judiciary by nominating judges to the federal courts, including the Supreme Court, who align with the president's views and ideologies. Additionally, the president can refuse to enforce court decisions, although this is rare, and it can cause significant political backlash. Finally, the president can influence judicial decisions through public statements or by using the "bully pulpit" to sway public opinion and pressure courts.

what can the bureaucracy do the limit the judiciary?

The bureaucracy can limit the judiciary by interpreting and implementing laws in ways that align with executive priorities, sometimes shaping how court decisions are applied. Bureaucratic agencies may also delay or avoid implementing certain rulings, especially if they conflict with the executive branch's goals, though this can be controversial. Additionally, agencies may develop regulations that affect judicial interpretations, influencing how laws are enforced without directly challenging the judiciary.

Strict Scrutiny (Supreme Court)

Applies to race, national origin, and fundamental rights (like voting or freedom of speech). This is the highest level of scrutiny and requires the government to prove a compelling interest and that the law is narrowly tailored to achieve it.

Intermediate Scrutiny (Supreme Court)

Applies to gender and illegitimacy (e.g., children born out of wedlock). The government must show that the law is substantially related to an important governmental interest.

Rational Basis Review

Applied to most other classifications (like age, wealth, or disability). The government just needs to show the law is rationally related to a legitimate governmental interest.