The Judiciary Branch - PSC 1387 Lesson Two
PSC 1387 Lesson Two: The Judiciary Branch – Comprehensive Notes
Opening quote by Alexander Hamilton (Page 2):
The Judiciary is the least dangerous branch to political rights because it is least capable of annoying or injuring them.
Implication: Judicial independence and limited, checkable power are central to constitutional design.
The Judiciary: Roles, Functions, and Structure
Core idea: The judiciary interprets laws and resolves disputes under the Constitution and federal law; it acts as a check on legislative and executive branches.
Key distinction: The judiciary’s “least dangerous” nature comes from its lack of coercive power and its reliance on adherence to law, precedent, and due process.
The Basics of Judicial Legalese
Categories governing when federal courts can act:
Subject matter jurisdiction: Cases merit federal consideration because of claims arising under the Constitution, federal laws, treaties, or maritime law.
The parties: Cases merit federal consideration because the parties include the U.S., a state, citizens of different states, or representatives of foreign countries.
Core terms:
Jurisdiction: The court where a case can be properly filed and heard.
Original jurisdiction: Authority to be the first court to hear and decide a case.
Precedent: Previous caselaw supporting a current finding and relating to the case.
Reversed: The Court overturns a lower court’s ruling.
Remand: Sends the case back to a lower court to render a judgment consistent with the appellate court’s ruling.
Affirmed: Rules in favor of the lower court’s holding.
Roles and Terminology in Civil vs. Criminal Contexts
Plaintiff: The party filing a petition against another party in a civil case.
Prosecutor: The government filing criminal charges against a party.
Respondent: The party being sued in a civil case.
Defendant: The party being accused of a crime in a criminal case.
Case types:
Civil cases: Filed by individuals seeking civil remedies.
Criminal cases: Filed by the government charging a party with a crime.
Article III: Provisions and Scope
Provisions establish:
The Supreme Court (SCOTUS) and authorize Congress to create lower courts.
The types of cases and controversies SCOTUS could hear.
Jurisdiction of the SCOTUS.
Original jurisdiction (examples):
Cases involving ambassadors, public ministers, and consuls.
Cases to which a state is a party.
Appellate jurisdiction:
All cases falling under the jurisdiction of the lower federal courts, with exceptions and regulations set by Congress.
Article III, Section 2: Scope of the Supreme Court
Types of cases and controversies:
Federal Question Jurisdiction: Cases arising under the Constitution, federal laws, and treaties.
Cases Affecting ambassadors, public ministers, and consuls.
Admiralty and maritime cases.
Parties/Controversies:
Involving the U.S.
Between two or more states.
Between a state and citizens of another state.
Between citizens of different states.
Between citizens of the same state claiming lands under grants of different states.
Between a state or its citizens and foreign nations, citizens, or subjects.
Definition of Treason: (not elaborated in detail here; note the term appears in context of Article III discussions)
A Legal Approach to Jurisdiction and Access
Key jurisdiction concepts:
Original Jurisdiction: Disputes Between States; Ambassadors/ministers/consuls.
How to access federal court:
Federal Question Jurisdiction: Case arising under the Constitution, federal laws, and treaties.
Diversity Jurisdiction: Cases involving citizens of different states or citizens of a state and a foreign state, when the amount in controversy exceeds 75{,}000.
Admiralty and Maritime Jurisdiction.
Appellate jurisdiction: SCOTUS reviews decisions of lower federal courts and certain state court decisions.
Additional note: SCOTUS has not frequently exercised original jurisdiction in recent years.
The Three-Tier Federal Court Structure (Origins and Modern Flow)
Three layers established by the Judiciary Act of 1789:
Supreme Court (SCOTUS): 1 Chief Justice + 5 Associate Justices (original composition).
Circuit Courts: 3 circuit courts (originally with 2 SCOTUS justices and 1 district judge per circuit).
District Courts: 13 district courts (one judge per district).
Two additional provisions:
Writs of mandamus: Early power to issue direct orders to public officials; later declared unconstitutional in Marbury v. Madison (1803).
SCOTUS appellate jurisdiction over state court decisions interpreting federal law or federal treaties.
Types of Courts: Legislative vs Constitutional
Legislative courts:
Created by Congress to provide technical expertise and specialized subject matter.
Judges serve fixed, overlapping terms; appointed by the President with Senate confirmation.
Examples: U.S. Tax Court, U.S. Court of Veterans’ Appeals, U.S. Court of Appeals for the Armed Services, U.S. Court of Federal Claims.
Constitutional courts:
Established by Congress and include federal district courts, courts of appeals, and SCOTUS.
Judges are nominated by the President with Senate confirmation; serve lifetime terms conditioned on good behavior.
U.S. District Courts: Trial Courts with Original Jurisdiction
History and numbers:
Originally 13 districts; today 94 district courts across the states and territories.
Population-based expansion in more populous states (e.g., CA, TX, NY) to 4 districts each in some cases.
Functions:
Main trial courts; exercise original jurisdiction.
Types of cases: Federal Question jurisdiction; Diversity jurisdiction; when the U.S. is a party.
Trials: bench (one judge) or jury (jury verdict with judge sentencing).
Staffing and workload:
There are 677 judgeships in U.S. district courts.
Three-judge federal district court panels:
Historically, three-judge panels could hear certain cases (e.g., voting rights, apportionment) with at least one appellate judge on the panel.
Since 1976, jurisdiction of three-judge panels narrowed to legislative apportionment and related voting rights cases.
Appeals to SCOTUS from district decisions:
Direct SCOTUS access when a three-judge panel rules or when a district court declares a federal law unconstitutional or a case of major public significance requires immediate resolution.
Trends in caseload:
District Court caseload grew from 59{,}284 cases in 1960 to 412{,}337 in 2019.
U.S. Court of Appeals: The Intermediate Appellate Courts
History and structure:
Originally 3 circuit courts of appeal; evolved into 11 numbered circuit courts (plus DC Circuit) and the U.S. Court of Appeals for the Federal Circuit (1982) handling specialized areas (foreign trade, monetary claims against the federal government, trademarks and patents).
Each circuit has a Court of Appeals hearing cases from district courts within its circuit; generally, they decide points of law (fact-finding typically reserved for district courts).
En banc and panels:
Typically three-judge panels; en banc sessions allow multiple or all circuit judges to participate in very important cases.
Circuit composition and size:
Each circuit has between 6 to 28 appellate judges.
Workload highlights:
1962: 4,823 appeals (with 78 judges).
2019: 57,744 appeals (with 167 judges in 2020).
2005: 68,473 appeals; 2018: 50,428 appeals (noting declines in some circuits).
Notable circuits:
Washington, D.C. Circuit: Specializes in administrative and regulatory law; many SCOTUS justices previously served here.
Texas is part of the 5th Circuit.
The Supreme Court of the United States (SCOTUS)
Composition and appointment:
Highest court in the land: 1 Chief Justice + 8 Associate Justices.
Nominated by the President; confirmed by the Senate; lifetime appointment during which justices serve until death, resignation, or impeachment.
Impeachment requires a majority vote in the House and a 2/3 conviction in the Senate.
Duties of the Chief Justice:
Presides over public sessions during oral arguments.
Assigns opinions when the Chief votes with the majority.
Administers presidential oaths of office and presides over impeachment proceedings.
Jurisdiction:
Exercises both original and appellate jurisdiction.
Original jurisdiction: cases between states; cases between a state and the federal government; cases involving foreign ambassadors/ministers/consuls; cases initiated by a state against citizens of another state or nation; disputes between states; disputes involving foreign diplomatic personnel.
Appellate jurisdiction: cases from lower federal courts and certain state court decisions involving federal questions, etc.
Writ of certiorari:
An order from SCOTUS to a lower court to send up the record for review; requires the vote of 4 justices to grant certiorari.
Certiorari granted when cases fall within SCOTUS’s discretion to decide; typical triggers include:
A state court decision invalidates federal law; or a state court decision upholds a state law that contradicts the US Constitution or federal law.
When a U.S. Court of Appeals invalidated a state law.
Civil cases in which a lower federal court struck down a federal law.
SCOTUS is required to hear cases when decisions by a three-judge district court panel granted or denied an injunction in certain circumstances.
Access to the Supreme Court: Standing, Ripeness, and Mootness
Standing:
Plaintiff must have suffered an actual or imminent injury in fact; the injury must be caused by the defendant’s actions; and the relief sought must redress the injury.
Ripeness:
Satisfied if the plaintiff shows harm has occurred or will imminently occur.
Mootness:
A controversy ceases to exist during litigation.
Exceptions where a case is not moot:
The harm is repeatable.
The conduct ceases because the defendant stops but could start again.
A plaintiff in a class action retains a live controversy.
Limitations on SCOTUS: Internal and External Constraints
Internal limitations (Ashwander principles):
Justices avoid advisory opinions on hypothetical issues.
Justices do not rule on the validity of a statute or a complaint by someone not showing direct injury.
Justices avoid predicting constitutional questions before a case is properly before the Court.
Consider mootness and ripeness as outlined above.
Political Question Doctrine: cases involving political questions better handled by other branches (e.g., impeachment, foreign affairs, constitutional amendments).
External limitations:
Potential impeachment pressure on justices; public opinion and political climate.
Congressional actions that could alter laws interpreted by the Court; constitutional amendments that alter precedent; control over judicial session schedules.
Professional and academic criticism, and potential congressional tweaks to appellate jurisdiction.
Appointment of Judges and Justices: Process and Politics
Step-by-step process:
The President nominates a justice.
The Senate confirms or rejects the nomination.
The appointment is for life; no formal constitutional requirements to be a SCOTUS justice (though norms exist, such as legal background, judicial experience, etc.).
About one-quarter of nominations historically fail to secure Senate consent.
Senate consideration specifics:
When a vacancy exists, nomination proceeds, often preceded by Judiciary Committee hearings and votes, then floor vote and confirmation.
Formal signature and commission finalize the appointment.
Judicial Selection Variables
Considerations for selecting/confirming nominees:
Professional or judicial qualifications (competence and integrity).
Representational considerations (diversity of demographics and viewpoints).
Doctrinal or policy views.
Other factors commonly weighed:
Race, gender, ethnic origin, political affiliation, faith.
Demographics of SCOTUS (as context):
Approximately 82% Protestant; 13% Roman Catholic; 8% Jewish (historical tendency rather than current exact counts vary by year).
State or regional considerations play a role in selection dynamics.
SCOTUS Firsts: Milestones in the Court’s History
1st Catholic Justice: Roger B. Taney (1836).
1st Jewish Justice: Louis Brandeis.
1st African-American Justice: Thurgood Marshall (1967).
1st Female Justice: Sandra Day O’Connor (1981).
1st Hispanic and Female Hispanic Justice: Sonia Sotomayor (2009).
1st Female African-American Justice: Ketanji Brown Jackson (2022).
Judicial Representation: Gender, Race, and Ethnicity (Descriptive Snapshot)
Demographic trends over various presidential administrations show shifts in gender and race representation among federal judges:
Gender: Historically more male than female; proportion of female justices increases in more recent administrations.
Race/Ethnicity: Predominantly White; representation of African American, Hispanic, Asian American, and Native American judges has varied by era and administration.
Notable points from the data snippet (illustrative, not an exhaustive row-by-row replication):
Proportions of male judges tend to be higher across most administrations; female representation has risen over time.
Racial composition shows a majority White judges historically; however, there are notable milestones with Black, Hispanic, and Asian justices achieving appointments.
Totals of confirmed judges per presidency vary, with cumulative totals reflecting expanding federal judiciary and confirmation dynamics.
Source framework for the data: Adapted from Slotnick, Goldman, and Schiavoni studies on judicial appointments and representation.
Practical and Ethical Implications
Judicial independence vs. political accountability:
Lifetime tenure protects independence but can lead to perceptions of politicization during nominations.
Diversity and representation:
Diversity in race, gender, and background is argued to improve legitimacy, public trust, and the range of perspectives on constitutional interpretation.
Access to justice and standing considerations:
Standing, ripeness, and mootness affect who can bring cases and when the courts decide to hear them.
Policy influence of the judiciary:
Court decisions interpret and sometimes shape public policy; legislative and executive branches may react through amendments, new statutes, or changes to jurisdiction.
Educational and civic relevance:
Understanding jurisdiction, standing, and the appellate process helps citizens engage with constitutional governance and the rule of law.
Appendix: Quick Reference to Key Terms and Numbers
75{,}000: Diversity jurisdiction threshold amount in controversy.
4: Minimum number of SCOTUS justices needed to grant certiorari.
13: Original number of district courts established by the Judiciary Act of 1789.
3: Original number of circuit courts established by the Judiciary Act of 1789.
94: Current number of U.S. district courts.
11: Number of numbered circuit courts (plus DC Circuit).
677: Total judgeships in U.S. district courts.
Lifetime appointments: Justices generally serve for life, subject to impeachment.
Original jurisdiction vs. Appellate jurisdiction: Distinguish first hearing of a case vs. review of lower court decisions.
Standing/Ripeness/Mootness definitions and exceptions as outlined above.
Connections to foundational principles:
Separation of powers and checks and balances.
Judicial review as a mechanism to ensure laws comply with the Constitution.
Federalism: Balancing federal and state court power, including diversity jurisdiction and federal question jurisdiction.