Judiciary branch

13.1 Guardians of the Constitution & Individual Rights

Judicial Branch

• One of the 3 branches of government.

• Interprets the Constitution and laws.

• Resolves legal disputes.

• Protects individual rights.

• j Can check the other branches through judicial review.

Article III

• Article III establishes the federal judiciary.

• Creates one Supreme Court.

• Gives federal courts their powers and jurisdiction.

• Federal judges have lifetime appointments to help maintain judicial independence.

Federalist No. 78

• Written by Alexander Hamilton.

• Argued that the judiciary should be independent.

• Called the judiciary the "least dangerous" branch because it has neither the military power of the president nor the lawmaking power of Congress.

Judiciary Act of 1789

• Created the basic structure of the federal court system.

• Established lower federal courts beneath the Supreme Court.

Judicial Review

• Judicial review = the power of courts to determine whether government actions violate the Constitution.

Marbury v. Madison (1803)

• Supreme Court case involving William Marbury.

• Chief Justice John Marshall ruled that part of the Judiciary Act of 1789 was unconstitutional.

• Established the foundational principle of judicial review.

• Made the Supreme Court an important check on Congress and the president.

Courts & Public Policy

• Courts influence public policy by interpreting laws and the Constitution.

• Court decisions can change how laws are applied and how rights are protected.

• Courts can be especially important to people or groups whose rights have been violated.

Important Rights Cases

• Brown v. Board of Education (1954) → racial segregation in public schools unconstitutional.

• Gideon v. Wainwright (1963) → right to an attorney for defendants who cannot afford one in qualifying criminal cases.

• Miranda v. Arizona (1966) → police must inform people in custodial interrogation of certain constitutional rights.

• Roe v. Wade (1973) → recognized a constitutional abortion right under the framework later overturned by Dobbs v. Jackson (2022).

• McDonald v. Chicago (2010) → applied the Second Amendment right recognized in District of Columbia v. Heller to state and local governments.

• Riley v. California (2014) → police generally need a warrant to search digital information on a cell phone seized from an arrested person.

• Obergefell v. Hodges (2015) → same-sex couples have a constitutional right to marry.

13.2 The Dual Court System

Dual Court System

The U.S. has two court systems:

1. Federal courts

2. State courts

State courts handle the large majority of cases.

Criminal Law

• Involves crimes against society/government.

• Government prosecutes the accused.

• Felony = more serious crime.

• Misdemeanor = less serious crime.

Civil Law

• Usually involves disputes between individuals or organizations.

• Examples: contracts, property, personal injury, divorce, malpractice.

Federal Courts

Usually handle cases involving:

• U.S. Constitution

• Federal laws

• Federal treaties

• Federal government

• Disputes between states

• Certain disputes involving citizens of different states (diversity jurisdiction)

• Bankruptcy

• Patents/copyrights

• Maritime law

• Other matters assigned to federal jurisdiction

Key Jurisdictional Concepts

• Federal Question: A case involving the U.S. Constitution, federal law, or treaties.

• Diversity of Citizenship: A federal civil case involving citizens of different states that meets federal jurisdiction requirements, including the required amount in controversy.

Important Point

A case can begin in a state court but eventually involve the federal courts if it raises a federal constitutional or federal-law question.

• Miranda v. Arizona is an example of a state criminal case that raised an important federal constitutional issue.

13.3 The Federal Court System

Federal Court Structure

U.S. District Courts → U.S. Courts of Appeals → U.S. Supreme Court

1. District Courts

   • Federal trial courts.

   • Evidence and witnesses are presented.

   • There are 94 federal district courts.

2. Courts of Appeals

   • Review decisions from lower federal courts.

   • Usually do not conduct new trials; look for legal/procedural errors.

   • There are 13 federal courts of appeals.

   • Cases are commonly heard by a panel of 3 judges.

3. Supreme Court

   • Highest court in the United States.

   • Final federal court of appeal.

   • Reviews only a small percentage of cases.

Specialized Federal Courts

Examples include:

• U.S. Tax Court

• U.S. Court of Federal Claims

• U.S. Court of International Trade

• Military and veterans' appellate courts

Precedent & Stare Decisis

• Stare decisis = "stand by things decided."

• Courts generally follow precedent from previous cases to promote consistency, stability, and predictability.

• Precedent can sometimes be overturned or changed.

  • Example: Plessy v. Ferguson (1896) (upheld "separate but equal") was rejected by Brown v. Board of Education (1954).

Federal Judges & Appointments

• Selection Process:

  1. President nominates

  2. Senate Judiciary Committee considers nominee

  3. Senate confirms or rejects

  4. Judge takes office

• Federal judges generally have lifetime appointments to protect judicial independence.

• Presidents influence the judiciary through appointments, but judges are not required to rule according to the president's wishes.

13.4 The Supreme Court

Supreme Court Overview

• Highest court in the U.S.

• 9 justices: 1 Chief Justice and 8 Associate Justices.

• Justices have lifetime appointments.

Law Clerks

Help justices by:

• Researching cases

• Analyzing legal issues

• Reviewing briefs

• Helping prepare opinions

How the Supreme Court Chooses Cases

The Court receives thousands of requests but hears only a small percentage.

• Writ of Certiorari: A formal request asking the Supreme Court to review a lower-court decision ("Grant cert" = Supreme Court agrees to hear the case).

• Docket: The list of cases the Court will consider.

• Rule of Four: At least 4 of the 9 justices must agree to hear a case. (Four votes are needed to hear a case, not to win it.)

Why Does the Supreme Court Hear Certain Cases?

The Court is especially interested in cases involving:

• Important constitutional questions

• Conflicts between lower courts

• Conflicts involving federal law

• Questions about previous Supreme Court precedent

• Important national legal issues

Key Figures & Filings

• Solicitor General: Represents the federal government before the Supreme Court, presents arguments, and decides which government cases to appeal. Informally called the "tenth justice" (though not actually a justice).

• Amicus Curiae: Latin for "friend of the court." An amicus brief is submitted by a non-party to provide additional arguments/information. Interest groups frequently use them.

Supreme Court Process

1. Court agrees to hear case.

2. Lawyers submit briefs.

3. Outside groups may submit amicus briefs.

4. Lawyers present oral arguments.

5. Justices discuss the case in conference.

6. Justices vote.

7. Court issues a written opinion.

13.5 Judicial Decision-Making & Implementation

Supreme Court Opinions

• Majority Opinion: Opinion supported by a majority of justices; establishes the Court's ruling and legal reasoning.

• Concurring Opinion: Justice agrees with the outcome but uses different legal reasoning.

• Dissenting Opinion: Justice disagrees with the majority (can influence future legal thinking).

• Tie Vote: If evenly divided, the lower court's decision remains in place without creating nationwide Supreme Court precedent.

Factors Influencing Judicial Decisions

1. Legal Factors: Constitution, laws/statutes, previous cases, precedent, case facts.

2. Personal Beliefs: Justices' experiences and personal perspectives.

3. Judicial Philosophy: Approaches to interpreting the Constitution.

4. Political/Social Environment: Public opinion and broader political context.

5. Interest Groups: Amicus briefs and legal arguments.

Judicial Philosophy: Activism vs. Restraint

• Judicial Activism: Courts take an active role in interpreting rights and reviewing government actions; more willing to invalidate government actions.

• Judicial Restraint: Courts are cautious about overturning laws; gives deference to elected branches and emphasizes limits on judicial power.

Evolution of Precedent

Courts generally follow precedent, but can overturn previous decisions when legal or societal understandings evolve.

• Bowers v. Hardwick (1986) → upheld a law criminalizing private consensual same-sex conduct.

• Lawrence v. Texas (2003) → overturned Bowers and invalidated such laws.

Judicial Implementation

• Judicial implementation = putting court decisions into practice.

• The Supreme Court lacks its own enforcement mechanism (no police force or military).

• Depends on the President/executive branch, Congress, state governments, and lower courts for enforcement.

• Example: In Brown v. Board of Education, President Eisenhower deployed federal troops to Little Rock (1957) to enforce school desegregation.

Checks on the Judicial Branch

• President: Nominates federal judges; enforces court decisions.

• Senate: Confirms or rejects judicial nominees.

• Congress: Creates/organizes lower federal courts, sets jurisdiction limits, controls funding, passes new laws, proposes constitutional amendments.

• Constitution: Framework limiting power across all branches.

Key Terms Summary

• Judicial review: Power of courts to determine whether government actions are constitutional.

• Original jurisdiction: Authority of a court to hear a case first.

• Appellate jurisdiction: Authority of a court to review a lower court's decision.

• Precedent: Earlier court decision used as a rule or guide in later cases.

• Stare decisis: Principle of adhering to precedent ("stand by things decided").

• Writ of Certiorari: Request for Supreme Court review.

• Rule of Four: 4 justices must agree to grant cert and hear a case.

• Amicus curiae: "Friend of the court"; brief filed by an interested non-party.

• Majority opinion: Official ruling supported by a majority of justices.

• Concurring opinion: Agrees with majority result but offers different reasoning.

• Dissenting opinion: Disagrees with majority ruling.

• Judicial activism: Willingness to actively interpret rights and invalidate government action.

• Judicial restraint: Cautious judicial approach deferring to elected branches.

• Judicial independence: Freedom of judges from direct political pressure (maintained via lifetime tenure).

• Judicial implementation: Process of translating court rulings into public policy and enforcement.

Key Cases Table

Court System Overview

• Federal Court Hierarchy: U.S. District Court (Trial) → U.S. Court of Appeals (Review) → U.S. Supreme Court (Highest Court)

• State Court Hierarchy: State Trial Court (Trial) → State Appellate Court (Review) → State Supreme Court (Highest State Court)

Chapter Summary

The judicial branch interprets the Constitution and laws, resolves disputes, protects rights, and checks the other branches through judicial review. The United States operates a dual court system comprising federal and state courts. Federal judges are nominated by the president and confirmed by the Senate, serving with lifetime tenure to protect judicial independence. The Supreme Court selects only a small percentage of cases via the Rule of Four and relies on stare decisis and precedent. Because the judiciary lacks enforcement mechanisms, it relies on judicial implementation by the executive branch, Congress, and state governments.