UNIT 6: JUDICIARY BRANCH

UNIT 6: THE JUDICIAL BRANCH

INTRODUCTION:

• Federal Judiciary: Branch of the federal government whose role is to interpret and apply the laws of the nation.

• Highest court is the Supreme Court of the US (SCOTUS).

• Judges are not elected at the federal level.

  • Life tenure.

• Federalist No. 78: “Least dangerous to the political rights of the Constitution” - Alexander Hamilton.

Judicial Independence From Money & Politics:

• An independent judiciary is essential for preserving liberty and upholding the checks and balances of the Constitution.

  • Appointment for life.

  • Salaries are protected.

• State judges are largely elected. 

  • Subject to campaign fundraising. 

  • Conflicts of interest exist at state level when justices handle cases in direct conflict with donors.

• Judicial independence = justices being impartial and untied to any one person or interest; but interpreters and appliers of the law.

Jackson’s Appointment To The Supreme Court:

• Political insulation from elections.

• President Biden nominated Ketanji Jackson in 2022 to replace Justice Kennedy (voted liberal).

  • Experiences: attended Harvard Law School, former federal public defender and litigator, judge with the US Court District Court Of DC and US Court Of Appeals.

THE CONSTITUTION & THE STRUCTURE OF THE JUDICIARY:

Article III: The Federal Judiciary In The Constitution:

• The only Supreme Court described in the Constitution.

  • Highest court in the land.

  • Supremacy over matters involving the Constitution and federal law.

  • Original Jurisdiction: the court has the authority to hear the case first.

  • Appellate Jurisdiction: the court has the authority to review the decision of a lower court, and overturn or revise that decision. 

• Lower courts created by Congress.

• Original/Appellate Jurisdiction:

  • Appellate Jurisdiction. 

  • Original Jurisdiction.

• Supreme Court.

  • 13 Court Of Appeal.

  • 14 District Courts.

Ratification: Anti Federalist Concerns & The Federalist Response:

• Opponents of the Constitution raised concerns about potential abuses of Courts.

• As federal power grew, individual rights and state power would diminish.

  • Federalist No. 78 by Alexander Hamilton sought to reassure skeptics.

    • Members would stand apart from politics - impartial decisions.

    • No power of the purse or sword.*

    • Federal judiciary can only judge, therefore, there is no threat to liberty.

Congress Builds The Judiciary:

• Judiciary Act Of 1789.

• Congress created the structure of the lower federal judiciary and set the number of justices on the SCOTUS. 

Appointment To The Federal Judiciary:

• Nominated by POTUS; confirmed by majority vote in the Senate.

• Successfully placing a judge on the federal bench is a way for a president to have an enduring influence on the government long after the end of the president’s term.

Politics & The Supreme Court:

• There are no formal qualifications for the federal judiciary.

• Presidents shape policy for years to come with nominations.

  • Nominees are considered carefully based on many factors.

• Nominees closely share the president's judicial philosophy and constitutional interpretation.

John Marshall & The Power Of The Supreme Court:

• John Marshall was not the first Chief Justice, but was the first powerful chief justice of the Supreme Court.

• Marshall extended the power of the court beyond the written words of the Constitution.

The Election Of 1800:

• John Adams, Federalist, ran against his VP Thomas Jefferson, a Democratic-Republican.

• Each elector cast two votes; Jefferson and running mate Burr tied.

• The House Of Representatives, for the first time, had to select the President as a result.

  • Selected Thomas Jefferson.

• 12th Amendment - separated 

The Judiciary Act Of 1801: Appointments Signed, Sealed, But Not Delivered:

• Thomas Jefferson replaced John Adams and the Federalist Party.

• The Judiciary Act Of 1801 expanded the number of federal judges.

• Adams made “midnight appointments” to federal posts to preserve the influence of the party.

  • Some appointments did not get delivered, including William Marbury.

Politics & The Power Of The Supreme Court:

• Marshall, one of the midnight judges, now Chief Justice.

  • Longest-serving in US history (1801-1835).

  • Worked to strengthen the power of the national government and the independence of the court.

• In Marbury v Madison, Marshall had to weigh the political implications of his decision.

  • Didn’t want to appear weak to Republicans, or risk impeachment.

The Implications Of Marshall’s Decision:

• Marshall expanded the power of the court to interpret the Constitution.

• Cemented as a coequal branch with ability to exercise judicial review.

• Did not invent judicial review, just applied it with a decision.

• Under Marshall, the court used judicial review to overturn several state laws.

Marbury v Madison & The Establishment Of Judicial Review:

• Questions of the case:

  • Are the men entitled to their commissions?

  • Can the courts be forced by Marbury to deliver commissions?

  • Were Marbury and the other plaintiffs entitled to the remedy that they sought - the writ of mandamus?

    • Improperly given to the courts by Congress in the Judiciary Act Of 1789.

    • Congress changed the power of the SCOTUS - not a power of Congress, therefore Congress did something unconstitutional.

• Ruled part of the Judiciary Act Of 1789 invalid and established judicial review: the authority of the court to strike down a law or executive action if it conflicts with the Constitution.

ORGANIZATION OF THE FEDERAL JUDICIARY:

Criminal & Civil Cases:

• Both state and federal courts have jurisdiction over two categories of law.

• Criminal Law: A category of law covering actions determined to harm the community.

  • The government tries to prove guilt of the defendant.

• Civil Law: A category of law covering cases involving private rights and relationships between individuals and groups.

State Courts:

• Handle a vast majority of court cases in the US.

• Handle both criminal and civil cases.

• State court structure: trial courts of original jurisdiction, appellate courts with appellate jurisdiction, and state supreme courts.

• State judges elected or appointed (varies).

The Federal Court System:

• Three-layered pyramid.

  • Lowest level: Federal district courts.

    • Trial courts in the federal system; handling most of the work; original jurisdiction.

    • 94 in total.

  • Middle level: Federal courts of appeals.

    • 13 in total.

    • Appellate jurisdiction only; reviewing decisions made by district courts.

  • Top level: Supreme Court.

    • Resolves differences between the states, resolves different interpretations of the law.

    • 1 court; original and appellate.

    • Nine justices since 1869.

The Decision To Take Cases On Appeal:

• SCOTUS decides cases it wants to hear on appeal.

• Lower court litigants petition the court.

  • Between 8,000 and 9,000 appealed each year.

    • Court hears roughly 80.

• Rule Of Four: Four or more justices vote to hear cases on appeal.

  • Granted the Writ Of Certiorari if heard.

• Decisions establish precedent - acts as a basis for future decisions of similar circumstances (stare decisis).

Considering & Deciding On Cases:

• If granted the Writ Of Certiorari, both sides provide briefs laying out arguments.

• Non-parties submit an amicus curiae (friend of the court) briefs to influence decision.

• Decisions of the court: 

  • Majority Opinion: binding Supreme Court opinions, which serve as precedent for future cases.

  • Concurring Opinion: An opinion that agrees with the majority decision, offering different or additional reasoning that does not serve as precedent.

  • Dissenting Opinion: An opinion that disagrees with the majority opinion and does not serve as precedent.

THEORIES OF CONSTITUTIONAL INTERPRETATION:

Judicial Restraint:

• Philosophy of constitutional interpretation that justices should be cautious in overturning laws.

  • Defer to the judgment of the legislative and executive branches. 

  • Elected bodies represent majority rule.

  • Ruling against them sets an undemocratic precedence. 

  • Judges are not policy specialists, but legal and constitutional specialists.

    • Complexity of execution of decisions is beyond their scope.

Judicial Activism:

• Philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies.

  • Other branches make mistakes, or trample over rights and liberties.

  • Often protects minorities by striking down the opinion of the majority.

  • Justices are free from concern about the popularity of their actions.

  • Active courts in the 1960’s struck down the discriminatory state laws that restricted civil rights.

Limitations On The Power Of The Supreme Court:

• Checks on the court:

  • POTUS nominates; Senate confirms.

  • Congress sets the size and jurisdiction.

  • Congress writes legislation modifying the impact of decisions. 

  • Lacks power of implementation.

    • Must rely on other branches to oversee decisions.

  • Appointed for life, but public opinion shapes the legitimacy of the court.

    • Abuse of power (judicial review) scrutinized.

The Supreme Court & Controversial Issues:

• Supreme Court rulings bring stability because they are applied everywhere.

• Courts do not have as much fear of controversial subjects - insulated from political pressure.

• Consider facts of the case and the letter of the law when ruling, not whether the public will be content.