Chapter 6: The Federal Judiciary

Section 6.1: Introduction

1. The Federal Judiciary

• 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 United States (SCOTUS)

• Judges are not elected at the federal level

• Life tenure

• Federalist 78: “least dangerous to the political rights of the Constitution” -Hamilton

  • No authority without collective respect and buy-in

2. Judicial Independence from Money and Politics

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

  • The Supreme Court is appointed for life

  • Protected salaries

• 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

• Not tools of the state or citizens, but interpreters and appliers of the law

Section 6.2: The Constitution and the Federal Judiciary

1. Only the Supreme Court is described in the Constitution

• Third behind other branches

• Highest court in the land

• Supremacy over matters involving the Constitution and federal law

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

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

2. Fed 78

• Centered on the judicial branch

• As long as federal judges “behave” judges will serve for life

• Life tenure: advantages

  • Keeping the branch of government independent

  • Lifetime appointments make impartial rulings attainable

  • Highly educated position, frequently switching would lead to less intelligent and suitable judges

• Judicial review: deciding if laws passed by Congress are in line with the Constitution

• The courts intermediate between the people and the legislature, which means upholding the Constitution is a necessity

3. Ratification: Antifederalist Concerns and the Federalist Response

• Opponents of the Constitution raised concerns about the potential abuses of the courts

• Fed 78 responds

4. 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

• US Supreme Court: Appellate jurisdiction, limited original jurisdiction

• US Court of Appeals: Appellate jurisdiction

• US District Courts: Original Jurisdiction

5. 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

  • Judges will most likely rule in a similar manner to the president’s ideology

• Confirmation heavily affected by partisanship

  • Senate hearing, nominees are subject to intense scrutiny

6. Politics and Supreme Court Nominations

• 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

    • Experience, ethical integrity, legal accomplishments

    • Race, ethnicity, and gender are modern considerations

• Nominees closely share president’s judicial philosophy and constitutional interpretation

  • Judges are not puppets of their appointees: once on the court, they are entirely free to make their own decisions

Section 6.3: Judicial Review

1. Marbury vs. Madison

• Establishes the Precedent of Judicial review

Section 6.4: The Decision to Take Cases on Appeal

1. Court Authority

• SCOTUS decides cases it wants to hear on appeal

  • Does it take on the case

• Lower court litigants petition the court

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

    • Roughly 80 cases a year

    • Caseload has declined

• Rule of four, four or more justices vote to hear cases on appeal

  • Granted Writ of Certiorari if heard

• Decision establish precedent, acts as a basis for future decisions of similar circumstance (stare decisis)

2. Considering and Deciding on Cases

• Majority opinion, serves as precedent for future cases

• Concurring opinion, an opinion that agrees with the majority but offers different or additional reasoning

• Dissenting opinion, alternate reasoning leading to a different response

Section 6.5: Theories of Constitutional Interpretation

• Judicial Restraint— it is not the job of the courts to create sweeping changes and bold new philosophies

• Judicial Activism— philosophy that the courts should involve themselves in significant societal changes

• Checks on the court- senate confirmation, congress sets size and jurisdiction, congress modifies the legislation based on Court decisions, lacks power of implementing real change, appointed for life- public opinion and action shapes the legitimacy of the court