The Judicial Branch

The Judicial Branch Overview

Constitutional Basis

• Article III of the US Constitution

  • Section 1: Establishes a Supreme Court and Inferior Courts as allowed by Congress. Judges serve during 'Good Behavior,' potentially for life.

  • Section 2: Outlines case types courts may hear, differentiating between Original and Appellate Jurisdiction.

  • Section 3: Defines treason charges.

Interpretation and Implications

• The structure leaves substantial aspects up to interpretation.

Historical Context

Perception of the Judiciary

• Initially regarded as the weakest branch of government.

• Federalist Essay #78 by Hamilton discusses the judiciary's limited power compared to the executive and legislative branches.

• Judiciary Act of 1789 established the federal court system and included a three-tier system with at least one District Court in every state.

Structure of the American Judicial System

Federal Court System

• Original Jurisdiction: Cases heard first by the Supreme Court are rare (1-3% of cases).

  • Examples include disputes between states, cases involving diplomats, and cases between states and citizens of other states initiated by the state.

• Appellate Jurisdiction: Most Supreme Court cases (97-99%) come from appeals.

  • Appeals can come from U.S Courts of Appeals, highest state courts (federal questions), and military appeals.

• Court Hierarchy:

  • U.S. Supreme Court: Usually hears 75-90 cases per term.

  • U.S. Courts of Appeals: 13 courts, 60,000 cases/year, no original jurisdiction; hear appeals from lower federal courts, U.S. regulatory commissions, and legislative courts.

  • U.S. District Courts: 94 courts, 350,000 cases/year, no appellate jurisdiction; handle cases involving federal government, civil suits under federal law, and more.

  • State Courts: Include State Trial Courts and State Intermediate Appellate Courts handling significant case volumes.

Federal District Courts

• Boundaries established to manage the federal judicial system, with various districts across states for proper jurisdiction.

The Judiciary's Power Dynamics

Debate: Strongest or Weakest Branch?

• Hamilton's Position: The judiciary is least dangerous to political rights, operating without economic or military power; relies on executive enforcement.

• Brutus' View: Judges are independent, free from control by other government powers, potentially leading to judicial overreach.

Lifetime Appointments

• Hamilton's Argument: Judicial permanence rooted in the complexity of law, with few appropriately qualified individuals available.

• The concept of Good Behavior as tenure for judicial offices was promoted in the Constitutional Convention.

Historical Figures

John Jay

• First Chief Justice (1789-1795); led the Chisholm v. Georgia case, affecting state immunity in federal courts.

The Marshall Court

• Under Chief Justice John Marshall (1801-1835), seminal cases like Marbury v. Madison established judicial review, strengthening the judiciary.

• Political shift post-Election of 1800 saw Federalists, including Marshall, filling judicial positions through the Judiciary Act of 1801.

Marbury v. Madison (1803)

• Marbury's unfulfilled appointment leads to a Supreme Court suit against Madison, establishing the concept of judicial review despite initial weaknesses for the court.

Marshall Legacy

• Significant impact on shaping judicial authority through landmark cases:

  • Marbury v. Madison: Introduced judicial review.

  • McCulloch v. Maryland: Established the supremacy of federal law.

  • Gibbons v. Ogden: Expanded commerce regulation authority.

Notable Justices

• Various justices have left marks in U.S. judicial history:

  • Roger Taney: Known for the Dred Scott case.

  • Earl Warren: Advocated for the rights of the accused.

  • Sandra Day O’Connor: First female associate justice.

  • Thurgood Marshall: First African-American justice.

Judicial Selection Process

• Confirmation Process:

  • Includes vetting and investigation, with significant influence from interest groups.

  • Increased scrutiny in Senate committee hearings since the 1980s.

  • Appointments to the Supreme Court carry major implications and unpredictability.

Judicial Philosophy

• Approaches to constitutional interpretation:

  • Strict Constructionist/Originalist: Adheres closely to the original text and intent.

  • Living Document: Believes that the Constitution's interpretation can evolve over time.

• Differing roles of courts:

  • Judicial Activism: Courts make decisions addressing current societal needs.

  • Judicial Restraint: Courts primarily rely on precedent in their decisions.

The Supreme Court Today

• Deciding Cases:

  • Supreme Court hears about 1% of cases filed.

  • Must issue a writ of certiorari which requires agreement from four justices (Rule of Four).

• Decision-Making Process:

  • Court hears cases between October and late June/July, with various opinions established in verdicts:

    • Majority Opinion: Represents majority agreement.

    • Concurring Opinion: Agrees with the outcome but offers different reasoning.

    • Dissenting Opinion: Expresses disagreement with the majority view, affecting future precedents.

1. Constitutional Foundation (Article III)

• Section 1: Establishes the Supreme Court and allows Congress to create inferior courts. Judges serve for life under "good behavior."

• Section 2: Defines jurisdiction:

  • Original Jurisdiction: Cases the Supreme Court hears first.

  • Appellate Jurisdiction: Cases appealed from lower courts.

• Section 3: Outlines treason definitions and charges.

2. Establishment & Structure

• Initially regarded as the weakest branch (Federalist #78 by Hamilton).

• Judiciary Act of 1789: Established the current court system with a Three-tier system: District Courts → Courts of Appeals → Supreme Court.

3. Debate: Weakest or Strongest Branch?

• Hamilton (Federalist #78): The judiciary possesses "no FORCE nor WILL, but merely judgment."

• Brutus #15 (Yates): Warned that judges could potentially become too independent and powerful.

4. Key Supreme Court Cases

• Marbury v. Madison (1803): Established Judicial Review (the power to declare laws unconstitutional).

• McCulloch v. Maryland (1819): Upheld federal authority through the Supremacy and Necessary and Proper Clauses.

• Gibbons v. Ogden (1824): Expanded federal power under the Commerce Clause.

5. Notable Justices

• John Marshall: Strengthened the judiciary with Judicial Review.

• Roger Taney: Known for the Dred Scott decision.

• Earl Warren: Landmark cases like Brown v. Board and Miranda rights.

• Sandra Day O’Connor: First female Justice.

• Thurgood Marshall: First African American Justice.

• John Roberts: Current Chief Justice.

6. Judicial Selection Process

• Process: Nomination → Vetting → Senate Hearings → Confirmation.

• Influenced strongly by political ideologies and interest groups.

• "Getting Borked": Referencing contentious nomination battles.

7. Judicial Philosophies

• Strict Constructionist/Originalist: Emphasizes the Constitution’s original intent.

• Living Document: Views the Constitution as adaptable to modern societal needs.

• Judicial Activism: Courts take an active role in shaping policy through their rulings.

• Judicial Restraint: Prioritizes adhering to precedent (stare decisis).

8. Supreme Court Procedures

• The Supreme Court hears approximately 1% of cases through writ of certiorari (Rule of Four: 4 Justices must agree).

• Types of Opinions Issued:

  • Majority Opinion: Sets legal precedent.

  • Concurring Opinion: Agrees with the decision but presents different reasoning.

  • Dissenting Opinion: Voices disagreement with the majority ruling.

9. Key Questions to Ponder

• Is the Supreme Court too powerful?

• Are lifetime appointments beneficial?

• Is the Court truly above politics?