The Courts
Two achievements of our US courts
The protect the sanctity of the US Constitution from breaches by the other branches of government
They protect individual rights against societal & governmental oppression
Constitutional structure
Article III establishes the judicial branch
United States Supreme Court
Congress establishes lower federal courts
Judiciary Act of 1789
also set number of SC justices, position of cheif justice
Constitutional Courts
District Courts - 1789
each state has at least one district court
94 district courts
Courts of Appeals - 1891
13 Courts of Appeals separated by geographic circuits
Legislative Courts
agency reviews (taxes, trade, banckruptcy)
not subject to Article III parameters
Jurisdiction
original jurisdiction
court is the first to hear the case
Appellate jurisdiction
reviewed by a higher/alternate court
Supreme Court’s jurisdiction
original jurisdiction involving cases with ambassadors, foreign ministers, consuls, state is a party
Appellate jurisdiction in all other cases
from federal district or appeals courts, or state supreme courts involving federal law or constitution
Concurrent jurisdiction
cases may be tried in state or federal courts
Hamilton & #78
Federalist papers:
independent judiciary
“interpretation“ was a key role
“would always be the least dangerous“… “with no influence over either sword or the purse“
Make decisions, not take action
Humble beginnings
1790 - NYC
1800 - moved to nation’s capital, but
No “home“ of their own until 1935
shared space with congress
president Taft provided funding for their own building
Early cases
Chisholm v. Georgia
11th amendment
1793
Marbury v. Madison
judicial review
1803
John Jay was the first chief justice of the Supreme Court but resigned his post to become govonor of New York. John Marshall, who served as chief justice for thirty-four years, is often credited as the major force in defining the modern court’s role in the U.S. governmental system
The courts & Public Policy
Common law
law developed through binding judicial decisions
Code law
detailed comprehensive laws that don’t leave room for interpretation & judicial decision-making
Judge-made law
judicial branch has a stronger involvement in the process of law-making itself
Courts as a last resort
adversarial system - common law tradition
equal protection clause (14th amendment)
browm v. Bd of education
Federalist #78
court is not willing to expand rights w/out
limits
balance expansion w/ government’s need to govern, provide common good, & serve a broad societal purpose
Dual court system
Federal court system
Federal-question cases
arising under the constitution, the law of the U.S., and treaties
Diversity cases
involving different states or citizens of different states
Dual sovereignty
either state or federal court can review case if both state & federal laws broken
State court system
circuir court system with original & sppellate jurisdiction courts
state supreme court decisions final law in respective state
may be appealed to U.S. court of Appeals & Supreme Court if a constitutional question
Implications of a dual court system
Benefits
more than one court system to protect rights
variety between states on issues, access, & promotion of interests
federalism
Drawbacks
the dual system & state variations mean that the decisions of the courts vary as well
American Legal system
criminal law cases
an individual violating a specific law based on regulating morality
misdemeanor
less serious crime, less than 1 year incarceration; fines
felony
more serious crime, more than 1 year incarceration
Varying degrees or crimes based on intent
Civil law cases
involving a percieved violation of civil rights or legal relationships
lawsuits
class cation involves a one or a few representing many affected
Basic structure of a court
litigants
plaintiff - brings up charges, sues
burden of proof
defendant/repondent - answering charges
lawyers
prosecution - government lawyers accusing of criminal charges
public defenders - government-paid lawyers for criminally charged individuals
jury
trial by jury; one may request a bench trial or a trial by jury
judge
presides over the case; rules on objections; final ruling; passes sentence
Public
audience members, interest groups, relations to litigants
District Courts
Organization & jurisdiction
94 at least one in each state
2-28 judges per court; 675 in total
original jurisdiction only
hold trials & impanel juries
one judge, occasionally 3
2% of criminal cases; 1% of civil cases
federal magistrates
Legislative courts
specialized jurisdictions with specific cases
examples
US tax court
US territorial courts
courts of the district of columbia
US court of federal claims
US court of Appeals for veterans claims
US courts of appeals
review district court decisions
75% of 57,000 cases come from district courts
review & enforce IRC orders
12 circuits. serving at least 2 states
6-28 judges per case; en banc occassionally
errors of procedure & law
swt precedent
The U.S. Supreme court
currently made of 9 justices, including a chief justice & 8 associate justices
congress determines the number of justices
$277,700 salary for cheif
justice
$265,600 salary for associate justices
Federal judges
serve “during good behavior“ - Article III
life terms
appointment
not elected hence not directly subject to political pressures
president appoints with advice & consent from the Senate
Senatorial courtesy
Nominating a supreme court justice
Presidential appointments politicized
party affiliation
political ideology
litmus test: asking questions about stance on major issues, ie. abortion
Race, gender, religion, region
judicial & legal experience & record
political acceptability
legal organizations
american bar association
interest groups
U.S. Senate
simple majority required
other justices
The Supreme Court Accepting Cases
original jurisdiction
cases involving ambassafors, foreign ministers, consuls, or state a party
very few cases are reviewed by the SC
only a 90 out of 10,000 cases a year
lower court decision stands if SC refuses to hear case
justices may rescue themselves if conflict of interest
Rule of four
four of the nine justices must agree to hear/review a case
Writ of Certiorari
SC directs lower court to provide all records regarding a case when petitioned for review
The Supreme court reviewing & hearing a case
case briefs
written arguments provided to SC prior to oral arguments
cites legal arguments, legal precedents, previous court decisions
Amicus curiae brief (friend of the court)
used by interest groups with a vested interest in case providing an additional legal perspective
Oral arguments
30 minutes for each party counsel
justices may ask questions huring oral arguments
Solicitor general
argues on behalf of the United States
The supreme court deciding a case
confrences: justices discuss the case on Wednesday afternoons & Fridays
Writing opinions
most poinions written by justice’s law clerks
majority opinion
the official opinion of the court, the supreme ruling
outlined by legal reasons
dissenting opinion
justices who disagree with the majority opinion write a dissent outline by legal reasons
concurring opinion: if a justice concurs with the majority but disagrees with the legal reasons
The Supreme court policymaking & philosophy
judicial restraint - Originalism
limit the initiative on social & political questions
passive on policymaking
strict interpretation of the Constitution
“The Constitution is not an empty bottle.. it is like a statue, & the meaning doesn’t change.“ - Antonin Scalia
Judicial Activism - Living Constitution
active role in society & politics
judicial intervention
loose interpretation of the constitution
“We are under a Constitution, but the Constitution is what the judges say it is.“ - Charles Evans Hughes
Supreme Court History
Marshall court (early 19th century)
Marbury v. MAdison (1803) - judicial review; constitutionality of laws & policies
pro-federalists decisions-expansion of national government power & influence
Taney Court (mid 19th century)
Scott v. Sanford (Dred scott decision) (1857)
pro-democratic decisions-states rights & limited government
Late 19th century - early 20th century
wake of 14th amendment - incorporation
Plessy v. Ferguson (1896)
pro-business, pro-laissez-faire decisions during Gilded Age Progressive Era
New deal
FDR’s court-packing to save New Deal policies from conservative rulings
1930s
Warren Court
Active in civil rights & civil liberties decisions; “most liberal court ever“
Brown v. Board of Education, Miranda v. Arizona
1950s - 1960s
Burguer court
more conservative regarding rights of defendants
Roe v. Wade, Regents of UC v. Bakke
late1960s - early 1980s
Rehnquist & Roberts courts
continues the conservative ideology with an interesting twist in recent cases
McDonald v. Chicago, citizens United v. FEC, Riley v. CA, Obergefell v. Hodges
Checking & balancing judges
Adversarial system: issue between two parties settled by an impartial judge or jury
Standing to Sue: Must have a reason for the case
Justiciable Dispute: based on an actual situation & not a hypothetical test
Political questions: disputes between congress & the president or a matter left to a branch of government
Appointments: president appoints with senate approval
Impeachment: house of representatives may impeach federal judge & the senate tries
Structure of the courts: congress may after the number of district or appellate courts, number of SC justices
Amendments: overrule a federal court decision by amending the Constitution or bounding the courts to the supreme law of the land