Structure and Powers of the United States Judiciary

Article Three of the United States Constitution

• Article Three serves as the foundational text for the structure of the federal judiciary, much like Articles One and Two do for the legislative and executive branches.
• In comparison to the first two articles, Article Three is exceptionally brief; it is described as being the shortest article in the Constitution with the potential exception of the Preamble.
• The brevity of the text highlights the lack of detail and specific information regarding the founders' intentions for the judiciary's shape and function.
• The founders initially considered the judiciary to be the ‐least dangerous branch‐ of the federal government.
• It was endowed with the least amount of power and structural prescription compared to the other two branches.
• Under a strict constitutional interpretation, the primary goal of the judiciary is simply to settle "cases or controversies."
• As written, the Constitution provided no actual structure or mechanisms to implement judicial actions.
• The limited thought the founders spent on court structure resulted in them essentially mirroring the legal system used in Great Britain at the time of the American founding.

Comparative Law Systems: Civil Law versus Common Law

• Civil Law Systems

  • This is the most common legal system in the world.
  • It is based entirely on codified statutes and legislation.
  • Judges in this system simply apply specific factual situations to the written law.
  • Origins: This legal tradition arose from natural law (basic human nature) and canon law (religious doctrine). It has early Roman origins and is sometimes referred to as Napoleonic Law.
  • Modern Examples: France, Greece, Italy, Germany, and most of Continental Europe.
  • The role of the judge: These systems involve virtually no interpretation. Judges look at the facts of a case, identify the most applicable code or statute, and apply the law as written. They serve more as administrators who sort cases into categories defined by the legislature.

• Common Law Systems

  • These systems are based on judges' decisions, which supplement and interpret statutory laws established by the executive and legislative branches.
  • Origins: This system has British origins.
  • Modern Examples: The United Kingdom, The United States, Australia, and India (essentially Britain and its former colonies).
  • Comparison: While similar to civil law in that judges look to statutes and codes, the primary difference is the role of precedent.
  • Precedent: This is defined as the interpretation of the law reached based on the decisions of judges who served previously. Precedent can be developed to create new interpretations, can be reapplied in identical contexts, or can be overturned to change the meaning of the law.
  • In a common law system, judges play an active role in making law. In the U.S., law is created by Congress passing legislation, the executive branch enforcing it, and the judiciary interpreting it. Thus, all three branches have a role in the legislative process.

The Judiciary Act of $1789$

• Article Three of the Constitution explicitly mentions only the existence of a Supreme Court but does not specify the number of justices or the internal structure; it leaves these details to be determined by Congress.
• Immediately after the ratification of the Constitution, the founders sought to establish the judiciary's structure via the Judiciary Act of $1789$.
• Provisions of the Act of $1789$:
  • Established $13$ district courts.
  • Established $3$ circuit courts to act as intermediate level courts between the district and the Supreme Court.
  • Mandated that the Supreme Court would consist of $6$ justices.
  • Created the Office of the Attorney General.
  • Created the Office of the United States Attorney for each district court to serve as the federal government's legal representative in trial cases.

Modern Structure of Federal Courts

• Trial Courts

  • These are the first level of the court system to hear a case.
  • They are organized by districts, and there are currently $94$ district courts in the United States.
  • There are frequently multiple district courts within a single state. For example, Georgia has $3$ district courts: Northern, Middle, and Southern.
  • Special Trial Courts:
    • U.S. Court of Federal Claims: This court has national jurisdiction and specifically hears cases seeking monetary compensation from the federal government (frequently involving the seizure of private property).
    • U.S. Court of International Trade: This court has special jurisdiction over questions of international law and custom, such as international business disputes, foreign ships in U.S. waters, or damaged trade goods.

• Appellate Courts (Circuit Courts)

  • These courts hear appeals from the cases decided in the district courts.
  • While there were originally $3$ circuit courts, there are today $13$ appellate courts.
  • Tennessee belongs to the $6^{\text{th}}$ Circuit, which covers district courts in Tennessee, Kentucky, Ohio, and Michigan.
  • Judges in appellate courts typically sit on $3$-person panels to decide cases.
  • There are $11$ regional divisions and $2$ military appellate courts established specifically for cases involving the military or military officials.

Judicial Review and Marbury v. Madison ($1803$)

• Judicial Review Defined: The power of the Supreme Court to interpret whether laws or executive orders are unconstitutional.

• Constitutional Silence: The power of judicial review appears nowhere in the text of Article Three. The Court granted itself this power, arguing it was implied by the Constitution.

• Case Background: The Election of $1800$

  • This was a critical period in early American politics featuring the Federalists and the Anti-Federalists (who called themselves Democratic-Republicans).
  • In the election of $1800$, Thomas Jefferson (Democratic-Republican) defeated the incumbent John Adams (Federalist).
  • Jefferson was elected in February but did not take office until mid-March.
  • During the lame-duck period, Adams and the Federalist-controlled Congress attempted to maintain power by appointing $60$ individuals to federal judgeships and justice of the peace positions.
  • These appointees are known as the "Midnight Judges" because their appointments and confirmations occurred in a single day.

• The Dispute

  • Adams failed to deliver all the commissions before leaving office.
  • James Madison, the incoming Secretary of State under Jefferson, refused to deliver the remaining commissions, preventing the new justices from assuming their duties.
  • William Marbury, a wealthy Virginia businessman and one of the intended appointees, sued Madison in the Supreme Court.
  • Marbury sought a "writ of mandamus," which is a court order forcing an official to take a specific action to honor Adams’ appointments.

• The Ruling and Legacy

  • Chief Justice John Marshall presided over the case.
  • The Court decided against Marbury, and he did not receive his commission.
  • The reasoning for the decision is the significant part: the Court ruled that the portion of the Judiciary Act of $1789$ creating the position Marbury sought was itself unconstitutional.
  • By making this ruling, the Supreme Court assumed the power to declare laws unconstitutional and strike them down, barring the government from enforcement.
  • This established the precedent for the Court to serve as a check on the legislative and executive branches.