AP Gov 2.8
Article 3- Foundation of the judicial branch
Establishes the Supreme Court and authorizes Congress to create inferior courts.
Judges hold office during good behavior (lifetime appointments).
Salaries cannot be reduced while in office.
Jurisdiction: cases involving the Constitution, federal law, treaties, disputes between states, etc.
Federalists No 78
Hamilton: Judiciary has “neither force nor will, but merely judgment.”
Judges need independence → life tenure and secure pay.
Courts must protect the Constitution against legislative overreach.
Life time appointments are necesary to prevent outside influence
The Judiciary Act of 1789
Established the three-tiered federal court system:
District Courts (trial level)
Circuit Courts of Appeals (intermediate level)
Supreme Court (top appellate level)
Set the Supreme Court at six justices (1 Chief + 5 Associates).
Created the Attorney General position to represent the federal government.
Gave the Supreme Court the power to hear appeals from state courts in federal cases.
First Justices Appointed: John Jay (Chief), John Rutledge, William Cushing, John Blair, Robert Harrison, James Wilson (Associates). All confirmed September 26, 1789.
Before 1789, the Supreme Court existed only in theory. The Judiciary Act brought it to life, giving it structure, authority, and staff.
Structure of the Federal Court System
U.S. District Courts: Trial-level courts with original jurisdiction; most federal cases begin here.
U.S. Circuit Courts of Appeals: Intermediate appellate courts with appellate jurisdiction; they review decisions from lower courts to ensure correct application of law.
U.S. Supreme Court: The highest court in the United States; has both original and appellate jurisdiction depending on the case.
Attorney General: The head of the Department of Justice and the federal government’s chief legal officer. Responsible for overseeing the enforcement of federal law and representing the United States in legal matters.
Congress created the lower courts via the Judiciary Act of 1789.
Vocab:
Original Jurisdiction: The authority of a court to hear a case first, before any other court.
Appellate Jurisdiction: The authority of a court to review decisions made by lower courts.
Judicial Review
Definition: Power to declare laws or executive actions unconstitutional.
Origin: Marbury v. Madison (1803)
Landmark Supreme Court case that established judicial review under Chief Justice John Marshall, giving the Court authority to strike down acts of Congress that conflict with the Constitution.
Ensures checks & balances among branches.
Applied later in cases like Worcester v. Georgia (1832) and Brown v. Board (1954).
John Marshall
Key Contributions:
Established Judicial Review:
In Marbury v. Madison (1803), Marshall asserted the Court’s authority to declare laws unconstitutional — giving the judiciary its most powerful check on the other branches.
Strengthened Federal Power:
In McCulloch v. Maryland (1819), upheld the constitutionality of the national bank and reinforced the Supremacy Clause, expanding federal authority over the states.
In Gibbons v. Ogden (1824), broadened Congress’s power to regulate interstate commerce.
Unified the Court:
Encouraged the justices to issue single majority opinions instead of separate opinions, increasing the Court’s legitimacy and clarity.
Key Points:
Made the Supreme Court a coequal branch alongside Congress and the presidency.
Ensured the judiciary could serve as a guardian of the Constitution.
His decisions laid the foundation for modern constitutional law and federal supremacy.
Landmark case connections
Worcester v. Georgia (1832): Court invalidated Georgia’s law; President Jackson refused to enforce → shows limits of judicial power.
Wickard v. Filburn (1942): Broad interpretation of the Commerce Clause expanded federal authority.
U.S. v. Lopez (1995): Restricted Congress’s commerce power → demonstrates judicial review shaping federalism.
Judicial independence and checks on the court
Judicial Independence:
Life tenure, protected salaries, and the appointment process insulate judges from political pressure.
These protections allow courts to make decisions based on the Constitution, not public opinion or political influence.
Executive Branch (President):
Appoints federal judges and Supreme Court justices.
Senate confirms nominees by a simple majority vote (51 votes).
Could be considered a legislative power as well - in tandem with Executive
Can influence how (or whether) rulings are enforced — courts depend on executive compliance (“no power of the sword”).
Legislative Branch (Congress):
Confirms judicial appointments.
Controls the structure, funding, and jurisdiction of federal courts.
Can pass new legislation to modify or clarify earlier laws.
May propose constitutional amendments to overturn Supreme Court decisions.
Holds impeachment power over judges:
House: Votes to impeach.
Senate: Holds trial and can remove from office.
Historical record: 15 impeachments, 8 removals.
Public and Political Pressure:
Courts rely on legitimacy and voluntary compliance to maintain authority.
Unpopular or ignored rulings (e.g., Worcester v. Georgia) reveal the judiciary’s dependence on the other branches for enforcement.
Judicial Philosophy and Ideology
Judicial Restraint: Courts should defer to elected branches; follow precedent.
Judicial Activism: Courts should correct injustices and interpret the Constitution broadly.
Originalism vs. Living Constitution:
Conservatives = Original intent
Liberals = Living Constitution
Why the Judiciary Matters
Enforces constitutional limits on government.
Protects individual rights and liberties.
Balances majority rule with minority rights.
Shapes national policy through interpretation, not legislation.
U.S. District Courts lower court
94 total (at least one per state).
Original jurisdiction: first to hear cases involving federal law.
Handle both criminal and civil cases.
Most federal cases end here (few are appealed).
Judges appointed for life by the President, confirmed by the Senate.
Additional Notes:
District courts are the “front line” of the federal system.
Examples: bank robbery, mail fraud, civil rights violations, federal law disputes.
U.S. Court of appeals
13 total circuits (12 regional + D.C. Circuit).
Appellate jurisdiction only – review cases from district courts.
No juries, no new evidence — judges review legal procedures and rulings.
Typically decided by three-judge panels.
Can affirm, reverse, or remand (send back) cases.
Additional Notes:
These courts ensure uniform interpretation of federal law across regions.
Example: If a district court made a constitutional error, the appeals court can correct it.
Supreme Court
Highest court in the nation – final authority on the Constitution.
9 justices (since 1869).
Limited original jurisdiction (rare cases involving states, ambassadors).
Primarily appellate jurisdiction – reviews cases from lower federal and state courts.
Decisions set binding precedent for the entire country.
Additional Notes:
The Supreme Court ensures national consistency in constitutional interpretation.
Its decisions cannot be appealed, though Congress can pass new laws or propose amendments.
How cases reach supreme court
~8,000–9,000 petitions filed each year.
Court hears ~70–80 cases annually.
Rule of Four: Four justices must agree to hear a case.
If accepted:
Court issues a writ of certiorari. This happens when a higher court asks fro cases to be sent up to them from a lower court
Both sides submit briefs (written arguments).
Amicus curiae (“friend of the court”) briefs may be submitted by interest groups.
Oral arguments → private conference → written opinions.
Additional Notes:
SCOTUS controls its docket — chooses cases with national significance or conflicting lower court rulings.
Types of Supreme Court decisions
Majority Opinion:
Official decision of the Court.
Becomes precedent for future cases.
Concurring Opinion:
Agrees with majority but offers different reasoning.
Dissenting Opinion:
Disagrees with majority; no legal power but may influence future change.
Additional Notes:
Show how opinions reflect judicial reasoning.
Dissenting opinions often gain significance when the Court’s ideology shifts later.
Federal Vs State Courts
Most cases in the U.S. occur in state courts.
Federal courts handle cases involving:
Federal law or Constitution
Disputes between states
Treaties, ambassadors, or the federal government as a party
State courts handle the rest — local crimes, family law, property disputes.
SCOTUS can review state cases if a constitutional question is involved.
Example:
Gideon v. Wainwright began in state court, appealed to SCOTUS over Sixth Amendment rights.
Criminal Vs Civil law in the federal system
Criminal Law:
Government prosecutes an individual for violating the law.
Penalties include fines, probation, imprisonment.
Example: United States v. Nixon (1974) → limits of executive privilege.
Civil Law:
Disputes between individuals, groups, or the government.
Penalties usually monetary or injunctions (court orders).
Example: Brown v. Board of Education (1954) → civil rights, equal protection.
SCOTUS Connection: Both types can reach the Supreme Court if a constitutional issue is involved.
Judiciary act of 1801
Judiciary Act of 1801:
Passed by outgoing Federalists; created new judgeships (“midnight judges”).
Attempted to reduce Supreme Court from 6 to 5 justices.
Jefferson’s refusal to deliver commissions led to Marbury v. Madison (1803).
Outcome: Defined judicial review, restored legitimacy, and confirmed Court independence.
Key Notes:
Early test of legitimacy: could the Court remain neutral amid politics?
Marshall’s decision in Marbury proved the judici.ary’s authority under Article III.