Judiciary and Federalism Notes

Unit Four: Judiciary and Federalism

Overview of State Institutions

  • Focus on Judiciary (Supreme Court) and Federalism

  • Continuing from previous units covering Congress and the President

  • Objective: Understanding the institutional organization of the American state

Article Three of the Constitution

  • Shortest and vaguest article compared to Articles One and Two

  • Reason for vagueness: Disagreements during the Constitutional Convention

    • Some delegates believed the Supreme Court undermined democracy due to life tenure and lack of electoral accountability

    • Others argued it was essential for preserving democracy

Structure of the Supreme Court

  • Composed of nine justices

  • Nomination and Confirmation

    • Justices nominated by the President

    • Confirmed by the Senate

  • Tenure

    • Justices serve for life as long as they maintain good behavior

Creation of the Federal Court System

  • Delegates at the Constitutional Convention chose to defer decisions regarding the Court to the first Congress

  • The first Congress created the federal court system, which can be altered by Congress at any time

  • Ultimate authority: The Supreme Court is the final arbiter, and there’s no appeal beyond it in legal cases

Federal Court System Organization

  • 13 Federal Court Districts for Courts of Appeals

    • Districts cover specific territories and states

    • Example: Ninth District covers West Coast, Alaska, and Hawaii

    • Example: Eleventh District includes Florida

  • 94 Federal District Courts with Original Jurisdiction

    • These courts can initially try cases

    • Individuals have a right to be heard in these courts

  • Appeals Process

    • If a party disagrees with a ruling, they can appeal to a Federal Court of Appeals

    • Right to Appeal: Yes, but no right to be heard in appeals courts

  • Supreme Court Appeals

    • You may appeal from Federal Courts of Appeals to the Supreme Court, but again, no right to be heard

State Court Systems

  • Each state has its own court system, leading to a dual system of courts

  • Basic structure follows:

    • Local Trial Courts (e.g., traffic court, family court)

    • These courts have Original Jurisdiction

    • Individuals have a right to be heard

    • State Appeals Courts

    • From trial courts, individuals may appeal to these courts with no right to be heard

    • Highest State Court of Appeals often called State Supreme Court

    • Right to appeal, but no guaranteed hearing

    • Appeals to the U.S. Supreme Court or U.S. Federal Court of Appeals if the matter has a federal aspect

Specialized Courts

  • Additional courts include:

    • Court of Military Appeals: Handles service members' legal issues

    • Court of Justice: Deals with claims between states

    • Court of International Trade: Handles trade-related issues

    • Court of Claims: Non-trade claims against other states

Judicial Review

  • Major power of the Supreme Court established by the case Marbury v. Madison (1803)

    • Defines judicial review as the power to rule acts of Congress and presidential actions unconstitutional

  • Definition of Judicial Review: The Supreme Court’s authority to interpret the Constitution and invalidate laws or executive actions that violate it.

Powers of the Supreme Court (Article Three)

Section One

  • Judicial Power vested in the Supreme Court and inferior courts created by Congress

  • Congress dictates the court's size, powers, and structure

Section Two

  • Judicial power applies to:

    • Cases arising under the Constitution, federal laws, and treaties

    • Cases affecting ambassadors and public ministers

    • Maritime jurisdiction

    • Controversies involving the U.S., states, and citizens of different states

  • Original Jurisdiction: The Supreme Court can hear some cases directly (e.g., affecting ambassadors)

  • Appellate Jurisdiction: Mostly handles appeals from lower courts

Separation of Powers and Checks and Balances

  • The U.S. Constitution creates distinct powers among the three branches of government: Legislative, Executive, and Judicial

  • Separation of Powers

    • Legal powers defined clearly for each branch

  • Checks and Balances

    • Each branch has the authority to limit the powers of the other two branches.

  • Legislative Branch (Congress)

    • Writes laws, confirms appointments, ratifies treaties, allocates funds, and declares war

    • Only five declared wars since founding (War of 1812, Mexican-American War, Spanish-American War, WWI, WWII)

  • Executive Branch (President)

    • Proposes laws, administers laws, commands armed forces, conducts foreign policy, and negotiates treaties

    • The President can wage war without Congressional declaration

  • Judicial Branch (Supreme Court)

    • Interprets laws and Constitution, reviews lower court decisions

Powers in Context

Congressional Powers Over the Supreme Court

  • May propose amendments to override judicial decisions

  • May impeach justices and reject appointments

  • Financial dependence: Supreme Court's funding comes from Congress

Congressional Powers Over the President

  • Congress can reject presidential appointments, treaties, and can impeach the president

  • May withhold funding and override presidential vetoes with a two-thirds majority

Presidential Powers Over Congress

  • May adjourn Congress in certain situations

  • Has veto power over legislation

Presidential Powers Over the Supreme Court

  • Appoints justices of the Supreme Court

  • Enforces court rulings, lacking a police force of its own

Supreme Court Powers

  • Power to declare acts of Congress and executive actions unconstitutional (Judicial Review)

Federalism: Division of Powers

  • Federalism delineates powers between national and state governments

  • Tenth Amendment: Powers not given to the national government are reserved for the states.

  • Supremacy Clause: National government rules supreme, especially if state law conflicts

National vs. State Powers

  • National Powers include:

    • Declaring war, regulating commerce, coining money, maintaining a military

  • State Powers include:

    • Establishing local governments, regulating commerce within states, establishing schools

Concurrent Powers

  • Shared powers between state and national governments include:

    • Borrowing money and administering the judiciary system

  • Overall concept of federalism showcases a federal system with state rights and responsibilities under national law.

Conclusion

  • The judicial system and federalism in the U.S. exhibit a complex interplay of powers designed to maintain stability and ensure checks on authority within the context of democracy.