2.8

The Judicial Branch

Overview

  • Chief Justice John Marshall emphasized the judiciary's role in interpreting the law in Marbury v. Madison (1803).

  • Essential Question: How does the principle of judicial review check the power of the other branches and state governments?

  • Common public perception influenced by media representations (e.g., Perry Mason).

Scope and Structure

  • Courts handle a variety of cases from minor infractions to significant criminal cases (e.g., death penalty).

  • State Courts: Handle the majority of cases (criminal/civil disputes).

  • Federal Courts: Address crimes against the U.S., high-stakes lawsuits, and constitutional issues.

  • U.S. Supreme Court: Highest court with judicial review power to interpret and enforce laws.

Constitutional Authority of the Federal Courts

  • The federal court system consists of three tiers:

    • U.S. District Courts (lowest tier)

    • U.S. Circuit Courts of Appeals (middle tier)

    • U.S. Supreme Court (highest tier)

  • Judicial Appointments: All judges are nominated by the President and confirmed by the Senate, serving life terms to ensure independence.

  • Article III establishes the federal judiciary, including jurisdiction and the definition of treason.

Judge’s Terms

  • Federal judges hold their positions during good behavior, generally interpreted as a life term.

  • Most judges retire at around age 65; only a few have faced impeachment.

  • Life tenure allows for judicial independence, preventing political removal for ideological disagreements.

Jurisdiction

  • Original Jurisdiction: Supreme Court's authority to hear cases for the first time (e.g., cases involving ambassadors).

  • Appellate Jurisdiction: Supreme Court primarily functions as an appeals court.

  • Article III defines treason and guarantees a jury trial.

Foundational Documents

  • Anti-Federalists expressed concerns about judicial independence.

  • Federalist No. 78 argues for the judiciary's role in checking legislative powers; judges ensure laws comply with the Constitution.

  • Judicial review first established in Marbury v. Madison (1803).

A Three-Level System

  • Defined by the Judiciary Act of 1789:

    • U.S. District Courts: Trial courts across the 94 districts handling federal cases.

    • U.S. Circuit Courts: 11 regional appellate courts examining appeals from district courts.

    • U.S. Supreme Court: Composed of nine justices; hears around 80-100 cases annually.

U.S. District Courts

  • Handle federal crimes (e.g., counterfeiting, drug trafficking).

  • U.S. attorneys prosecute federal cases.

  • Civil cases include torts and constitutional disputes; typically require a preponderance of evidence to prove liability.

U.S. Circuit Courts of Appeals

  • Established in 1891 to manage an increasing caseload.

  • Appeals courts do not examine new facts but review legal standards and procedures from lower courts.

  • Rulings within each geographic circuit can shape U.S. law uniquely in those areas.

The United States Supreme Court

  • Consists of the Chief Justice and eight associate justices.

  • Majority opinions impact national legal standards; judicial review asserts the Court's authority to invalidate congressional acts.

  • Must-know case: Marbury v. Madison (1803) established the principle of judicial review, asserting the Court's ability to void laws contrary to the Constitution.

Key Case: Marbury v. Madison (1803)

  • Fact Summary: Marbury demanded his commission after not receiving it during a political transition.

  • Decision: The Court recognized Marbury’s right to his commission but ruled it could not grant the order as the relevant section of the Judiciary Act contradicted the Constitution.

  • Established judicial review by asserting the Court's authority to overrule legislative actions.

Reflections on Judicial Review

  • Judicial review is essential for maintaining checks and balances among government branches, ensuring all laws comply with the Constitution.

Key Terms and Names

  • Appellate Jurisdiction, Attorney General, Certiorari, Federalist No. 78, Judicial Review, Marbury v. Madison (1803), Original Jurisdiction, U.S. District Courts, U.S. Circuit Courts of Appeals, U.S. Supreme Court.

Political Science Disciplinary Practices

  • Analyze and interpret foundational documents, cases, and political perspectives to understand their implications on U.S. governance and law.