Chapter 6: The Federal Judiciary

Supreme Court

The highest level of the federal judiciary, which was established in Article III in the Constitution and serves as the highest court in the nation.

Article III

• Only describes the Supreme Court; the rest are left to Congress

• The Supreme Court is the highest judicial power in the land.

  • It is the highest authority in matter involving the Constitution and federal law

• Describes the jurisdiction of federal courts (original/appellate)

Original jurisdiction

the authority of a court to hear a case first, which includes the finding of facts in a case

Appellate Jurisdiction

the authority of a court to hear and review decisions made by lower courts in that system

Federalist 78

by Alexander Hamilton. Argues that the federal judiciary will be unlikely to infringe upon rights and liberties but would serve as a check on the other branches. It will be impartial and isolated from politics. It is the weakest branch, so it is not a threat.

Election of 1800

• Election of Thomas Jefferson w/ VP Burr

• They tied w/ incumbent Adams, and the tie was decided by the H.R

• In 1804, the 12th Amendment separated votes for the president and the VP when the H.R. broke ties

  • The House settles presidential elections if there is no majority for a candidate

  • The Senate chooses the VP

Marbury v. Madison

Facts: William Marbury was appointed to the federal judiciary under the Judiciary Act of 1801. His appointment was confirmed by the Senate, but the Jefferson administration did not deliver his commission. Marbury sued, asking the Supreme Court to issue a write of mamdamus requiring the Jefferson administration to deliver his commission

Issue: Is the Judiciary Act of 1789, which gave the Supreme Court the power to issue a writ of mamdamus constitutional?

Decision and Holding: Madison won. The Supreme Court overturned the portion of the Judiciary Act of 1789 that authorized the court to issue the write of mamdamus requested by Marbury.

Reasoning: The Act expanded the court’s power beyond what was enumerated in the Constitution, so that portion is unconstitutional. The Supreme Court has the power to overturn acts of Congress that violate the Constitution, which establishes judicial review

Judicial review

the authority of SCOTUS to strike down a law or an executive action if it conflicts with the Constitution

Criminal law

covers actions that harm the community (like violent acts). The state/federal government acts as the prosecutor. Sentencing for some crimes vary state to state. Conviction leads to punishments such as fines, imprisonment, or the death penalty.

Civil law

covers cases involving private rights and relationships between individuals and groups. The plaintiff brings the case and argues that they have been wronged; the defendant is accused of violating a person’s rights or an agreement

Federal district courts

the lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level

Federal court of appeals

the middle level of the federal judiciary; these courts review and hear appeals from the federal district courts

Precedent

a judicial decision that guides future courts in handling similar cases

stare decisis

the practice of letting a previous legal decision stand. Suggests that justices should follow precedent in cases with similar facts to cases previously decided

Majority opinion

A binding Supreme Court opinion, which serves as precedent for future cases

Concurring opinion

an opinion that agrees with the majority decision but offers different or additional reasoning that does not serve as precedent

Dissenting opinion

an opinion that disagrees with the majority opinion and does not serve as precedent

Judicial restraint

a philosophy of constitutional interpretation that justices should be cautious in overturning laws and should adhere to the Constitution and previous precedent

Judicial activism

a philosophy of constitutional interpretation the justices should wield the power of judicial review, sometimes creating bold new policies

• protect the rights of minorities

• attack issues that the other branches won’t protect/act on

Limitations on the Supreme Court

• Congress can set the size of the court, modify/remove the Court’s jurisdiction, and amend the Constitution to counteract a judicial decision.

• It relies on other branches to enforce its rulings

  • The other branches can ignore or ineffectivelly implement rulings