U.S. Judiciary Study Notes

The judiciary plays a vital role in the American government and is tasked with protecting individual rights through its decisions.

Learning Objectives:
- Describe the evolving role of the courts since the ratification of the Constitution.
- Explain why courts are uniquely situated to protect individual rights.
- Recognize how the courts make public policy.

Under the Articles of Confederation, there was no national judiciary.
The U.S. Constitution, particularly Article III, established the federal judiciary but is notably the shortest article compared to the standards of governmental structure.
Article III:
- Calls for the creation of "one supreme Court".
- Establishes the Court's jurisdiction, which includes types of cases it may hear—divided into original and appellate jurisdiction.
- Original Jurisdiction: Cases heard for the first time.
- Appellate Jurisdiction: Cases heard on appeal; for the Supreme Court, this includes cases coming from lower courts.
- Rare cases of original jurisdiction involve disputes between states or between the U.S. and foreign ambassadors/ministers.

In Federalist No. 78, Hamilton elaborated on the role of the judiciary, emphasizing its nature as the "least dangerous" branch without control over the sword (force) or purse (money).
The courts primarily exercise judgment without implementation power.

The first U.S. Congress laid out the federal judicial system structure, establishing lower courts.
Key levels:
- District Courts: Where federal cases are initiated.
- Circuit Courts (U.S. Courts of Appeals): Hear appeals from district courts.
- U.S. Supreme Court: Handles only a limited number of cases (fewer than 100 a year from thousands of petitions).

The early Supreme Court faced challenges like low attendance from justices and limited facilities (shared with Congress).
A pivotal case in its infancy was Chisholm v. Georgia (1793), where the Court ruled it could hear cases involving citizens from different states, but this power was overturned by the Eleventh Amendment (1795).

Judicial Review: Established in Marbury v. Madison (1803), allowing courts to invalidate unconstitutional acts.
- This power, while not explicitly mentioned in the Constitution, underpins the checks and balances system.
The Court ruled that it could not compel action from the executive branch but affirmed its authority to deem congressional acts unconstitutional.

Courts can check both the legislative and executive branches by ruling their actions unconstitutional.
Most significant rulings affect both federal and state actions.

Courts also play a role in public policy by interpreting laws through individual rulings.
Example: Patient Protection and Affordable Care Act (2010) challenged as unconstitutional but upheld by the Supreme Court in National Federation of Independent Business v. Sebelius (2012).
- Various provisions were reviewed in subsequent cases, maintaining the courts' role as a key policymaker.

The courts continually adapt constitutional interpretations to modern contexts, affecting rights such as free speech and religious freedoms.
Courts have clarified constitutional rights amidst changing societal contexts (e.g., social media implications on free speech).

Precedent: The concept of precedent, or stare decisis, ensures that courts follow established rulings in previous cases to maintain consistency and stability in the law.
Federal Courts: There are 94 federal district courts, which handle trial cases, and 13 circuit courts (U.S. Courts of Appeals), which hear appeals from the district courts.
Marbury v. Madison (1803): This landmark case established the principle of judicial review, allowing the Supreme Court to invalidate laws and actions that violate the Constitution.
Selection of Federal Judges: Federal judges are nominated by the President and confirmed by the Senate, typically evaluated based on legal expertise, experience, and ideological fit.
Supreme Court Makeup: The Supreme Court consists of nine justices, and it takes up a case through a process called a writ of certiorari, which requires at least four justices to agree to hear a case (Rule of 4).
Roles of Supreme Court Clerks: Supreme Court clerks assist justices by conducting legal research, drafting opinions, and managing case documents, playing a crucial role in the Court’s operations.

Stare Decisis: The principle of adhering to precedent to ensure consistency in legal decisions.
Docket: A list of cases scheduled to be heard by a court.
Writ of Certiorari: A document issued by the Supreme Court to review a lower court's decision.
Rule of 4: A rule stating that at least four justices must agree to grant a writ of certiorari for a case to be heard.
Solicitor General: The lawyer who represents the U.S. government before the Supreme Court.
Supreme Court Brief: A written document presenting arguments and legal reasoning for a case before the Supreme Court.
Amicus Curiae: A person or organization that is not a party to a case but offers information to the court to assist in understanding the issue.
Majority, Dissenting, and Concurring Opinion: The majority opinion reflects the view of the majority of justices, the dissenting opinion expresses the disagreement of some justices, and the concurring opinion agrees with the majority but offers different reasoning.
Judicial Activism: An approach in which courts are willing to overturn laws and make new policy through their interpretations of the Constitution.
Judicial Restraint: An approach advocating that courts should defer to the policymaking decisions of the legislative and executive branches unless laws are clearly unconstitutional.