Judicial Branch Reading

The Judicial Branch

Introduction

• The principle of judicial review, as articulated by Chief Justice John Marshall in Marbury v. Madison (1803), established the power of the judiciary to review laws and determine their constitutionality.

• Essential Question: How does judicial review check the power of other branches and state governments?

• Common misconceptions about the judiciary often stem from dramatizations in popular culture, contrasting with its true constitutional framework which centers around impartiality and justice. This branch is fundamental in upholding the rule of law and the rights guaranteed by the Constitution.

Overview of the Judiciary

• Courts in the United States handle a diverse range of cases, including minor infractions, significant civil disputes, and major constitutional issues, which underscores their vital role in society.

• State Courts: These courts manage the vast majority of disputes, handling both criminal and civil cases pertaining primarily to state laws.

• Federal Courts: Jurisdiction includes crimes against the U.S. (like terrorism), interstate legal disputes, and constitutional questions.

• Federal courts maintain judicial independence through a structured, three-tiered system:

  • U.S. District Courts (Lowest level): 94 districts across the country, handling the initial trial phase for federal cases.

  • U.S. Circuit Courts of Appeals (Middle tier): Comprising 11 regional courts that review decisions made in district courts, thereby easing the Supreme Court's case load.

  • U.S. Supreme Court (Highest level): The apex court, consisting of nine justices (one Chief Justice and eight Associate Justices), which holds original jurisdiction in limited cases but primarily serves as an appellate court addressing significant legal questions.

Structure of Federal Courts

• U.S. District Courts:

  • The trial-level courts for federal cases that serve as the gateway for the legal process for most federal issues.

  • With over 700 judges distributed across 94 districts, they adjudicate a vast array of civil and criminal matters.

• U.S. Circuit Courts of Appeals:

  • These courts primarily focus on reviewing lower court decisions for errors, serving a critical role in shaping federal law through appellate decisions.

• U.S. Supreme Court:

  • This court is essential in interpreting the Constitution and has the final say on legal disputes, often addressing profound constitutional questions that can alter American society and law.

Constitutional Authority

• Judges are appointed for life, contingent upon good behavior, which is intended to secure their independence from political pressures from the legislative and executive branches.

• The Constitution prohibits Congress from diminishing the salaries of sitting judges, protecting judicial independence by preventing economic coercion.

• Jurisdiction: Each court has the authority to define its scope and determine its jurisdiction based on federal law.

Key Provisions of Article III

• The Constitution mentions only the Supreme Court explicitly.

• Congress has the power to create lower courts and to define their jurisdictions, allowing for a flexible judiciary that can adapt to the needs of the country.

• The article establishes treason as a crime with substantial safeguards, ensuring that strict procedures are followed in such serious cases.

Federalist No. 78

• Written by Alexander Hamilton, this piece addresses the importance of judicial independence and the role of judicial review in balancing governmental power.

• Hamilton argues that:

  1. The permanence of judicial office enables judges to make fair judgments without fear of losing their positions.

  2. As the judiciary lacks enforcement mechanisms (i.e., it holds no power of the purse or sword), it is the least dangerous branch in terms of infringements on individual rights.

The Impact of Marbury v. Madison

• This landmark decision firmly established the principle of judicial review in the United States, affirming the judiciary's role in checking legislative and executive power.

• The Supreme Court held that it could not hear Marbury's claim because it conflicted with both the authority granted to Congress and the provisions set by the Constitution.

• The case set a precedent that laws enacted that contradict the Constitution are void, solidifying the judiciary's capacity to nullify unconstitutional legislation.

The Judicial Review Process

Function of Judicial Review

• Judicial review empowers the Supreme Court to evaluate legislative actions against constitutional standards, ensuring that laws do not violate individual rights or the principles enshrined in the Constitution.

• Each judicial decision contributes to an evolving body of case law, establishing precedents that guide future cases and legislation, promoting an enduring legacy of constitutional protections.

Continuity and Change of Supreme Court

• The limited size of the Supreme Court and the lifelong tenure of justices contribute to a degree of continuity in legal interpretation.

• However, the ideologies of the court can shift in response to new presidential administrations and their nominated justices, reflecting changes in society and public values.

• Landmark rulings, such as Brown v. Board of Education, illustrate how judicial interpretations evolve, impacting civil rights and expanding the scope of constitutional guarantees over time.

Conclusion

• The principle of judicial review is an essential check on the powers of the legislative and executive branches, maintaining the balance of power within the government.

• Understanding the role and independence of the judiciary is crucial for assessing the legitimacy and functionality of the U.S. legal system as it navigates the complexities of modern governance and societal change.