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The Judiciary

Federal Court

Legal System
  • Common Law
    • Laws are subject to interpretation.
    • Stare Decisis: A legal principle that dictates courts should respect precedents set by previous rulings, effectively relying on case law.
    • A pipeline for protecting rights and liberties.
Dual Court System
  • The structure of the legal system in the United States is composed of both State and Federal Courts, which work together to administer justice.
Opinions in Court
  • Majority opinion: The opinion that reflects the view of the majority of the judges or justices.
  • Concurring opinion: An opinion that agrees with the majority but offers different reasoning.
  • Dissenting opinion: An opinion that disagrees with the majority’s decision, providing alternative viewpoints.

The Judiciary in the Constitution

  • Article III: The shortest section of the Constitution outlining the judiciary.
  • Judges are appointed by the President and confirmed by the Senate, serving for life unless impeached.
  • Supreme Court: The highest court in the United States.
  • Current Chief Justice: John G. Roberts.
  • Types of jurisdiction include:
    • Original Jurisdiction: Refers to the power of a court to hear a case for the first time.
    • Appellate Jurisdiction: The authority of a court to review decisions made by lower courts.
  • Inferior/Lower Courts: Established by the Judiciary Act of 1789 and 1801, these include all federal courts below the Supreme Court.

Levels of the Courts

  1. Supreme Court
    • The highest court, dealing with original causes or appellate cases; not a trial court and does not utilize juries.
    • 98% of cases that are appealed are denied.
  2. Circuit/Appellate Courts
    • Comprised of 12 regional circuit courts and 1 federal circuit court reviewing appeals from district court decisions.
  3. District Courts
    • 94 courts serving as trial courts where all federal crimes are initially tried as original cases.
    • Certain specialized courts of appeal address international trade, military issues, tax-related matters, etc.

Article III, Section 2

  • Judicial Power: Extends to all legal cases under the Constitution, laws of the United States, and treaties, affecting ambassadors, public ministers, consuls, and various types of controversies including those involving states and citizens.
  • Original Jurisdiction: Defined by the Eleventh Amendment, which states that judicial power should not extend to suits against a state by citizens of another state or foreigners, inherently establishing sovereign immunity.

U.S. Courts of Appeals and U.S. District Courts

  • A visual representation denoting thirteen judicial circuits, with eleven in geographical areas and two in Washington, D.C., is presented in Figure 13.6.

Chief Justices of the United States

  • Current Chief Justice: John G. Roberts, Jr. (2005), along with other notable justices including Clarence Thomas (1991), Samuel A. Alito (2006), Sonia Sotomayor (2009), and others till Amy Coney Barrett (2020).
  • Historical list of Chief Justices includes John Jay (1789-1795), John Marshall (1801-1835), Earl Warren (1953-1969), and more with insights on their years in office, significant contributions, and appointments.
  • Responsibilities: While the Constitution only briefly references the Chief Justice, dozens of responsibilities have evolved since 1789, including presiding over the judicial branch and various courts.

Judicial Philosophy

Federalist No. 78
  • Describes the judiciary as the least powerful branch, emphasizing impartiality and practicality due to life tenure of judges.
  • Introduces the concept of Judicial Review: the judiciary's power to determine the constitutionality of actions taken by other government branches.
  • Voices a cautionary perspective on the judiciary's power.
Judicial Precedent

  • Judicial Activism: Courts make decisions that serve as policy, considering the broader societal implications, with examples including:

    • Scott v. Sanford
    • Brown v. Board of Education
    • Citizens United v. FEC

  • Judicial Restraint: Courts adhere strictly to constitutional interpretations, where decisions should only determine whether actions violate or adhere to the Constitution, exemplified in cases like:

    • Gibbons v. Ogden
    • Plessy v. Ferguson
    • Korematsu v. United States

Marshall Court: Judicial Review

  • Marbury v. Madison (1803): This landmark case established judicial review and invalidated parts of the Judiciary Act of 1789, reinforcing the judiciary as an equal branch of government.
  • Judicial Review: The capacity of courts to deem laws unconstitutional, a power granted to all federal courts fundamentally by this decision.
  • The Marshall Court created a precedent for impartial judicial practices.

Marshall Trilogy: Tribal Sovereignty

  1. Johnson v. M'lntosh (1823): Prohibited private citizens from purchasing land directly from Native Americans, supporting the Discovery Doctrine, which established occupancy rights.
  2. Indian Removal Act (1830): Aimed to exchange Native American land for territories to the West.
  3. Cherokee Nation v. Georgia (1831): Clarified the status of Native American tribes as