CE

Chapter#13 - The Courts

Criminal vs Civil Law

  • Criminal law are those cases in which the government charges an individual with violating a law that has been enacted to protect public health, safety, morals, and welfare.
  • In criminal cases the government is always the plaintiff (the party that brings charges) and alleges that a criminal violation has been committed by a named defendant.
  • Criminal cases arise in state and municipal courts and involve matters ranging from traffic offenses, robbery, and murder. Defendants found guilty of criminal violations may be fined or sent to prison.
  • Civil law are those cases that involve disputes among individuals, groups, or corporations in which no criminal violation is charged.
  • Unlike in criminal cases, the losers in civil cases cannot be fined or sent to prison, although they may be required to pay monetary damages for their actions.

Structure of the Court System: Federal vs State

  • The diagram distinguishes Federal System from State System and shows where appeals and reviews originate.
  • Federal System includes: Supreme Court of the United States, U.S. Court of Appeals, U.S. District Courts.
  • State System includes: State Supreme Court, State Court of Appeals, State Trial Courts.
  • The Supreme Court has authority over federal court cases and any decision by a state court that concerns the U.S. Constitution or federal law.
  • State Supreme Court decisions can be reviewed by the U.S. Supreme Court (through the certiorari process).

The Federal Court System

  • The Federal Court System is divided as follows: U.S. District Courts, U.S. Court of Appeals, U.S. Supreme Court.

United States District Courts

  • There are 94 U.S. district courts spread throughout the United States.
  • Each state has at least one U.S. district court and no district crosses a state line. Some states have two or three district courts; for example, California, New York, and Texas have four each.
  • Almost all federal cases begin in the U.S. district courts.

United States Courts of Appeals

  • There are 13 U.S. appellate courts spread throughout the United States.
  • Except for the cases selected for review by the Supreme Court, decisions made by the U.S. appellate courts are final.

U.S. Appellate Court Circuits

  • There are 13 appellate circuits (often referred to as Circuits 1 through 11, plus specialized or additional circuits).
  • The map shows circuit boundaries and which states fall within each circuit (example groupings include Maine, New Hampshire, Puerto Rico, New York, Connecticut, Vermont, and others in various combos; similarly for circuits 3–11 and the DC/territorial circuits).
  • Notable labels on the map include Circuit numbers (1 to 13) and a legend indicating circuit boundaries vs. state boundaries.
  • The Federal Circuit (Circuit 13) handles specialized subject matter and is geographically defined differently from the regional circuits.

The Supreme Court

  • The Supreme Court is America’s highest court, and it is the only federal court established by the Constitution.
  • The U.S. Supreme Court has authority over federal court cases and any decision by a state court that concerns the U.S. Constitution or federal law.
  • In the early nineteenth century, there were 6 Supreme Court justices, later there were 7. Congress set the number of justices at 9 in 1869, and the court has remained that size ever since.
  • The Supreme Court is made up of the chief justice of the United States and eight associate justices.
  • The chief justice presides over the Court’s public sessions and conferences. In the Court’s actual deliberations and decisions, however the chief justice has no more authority than his or her colleagues.
  • Each justice casts one vote. However, if the chief justice votes with the majority he or she decides which of the justices will write the formal opinion for the court.

Supreme Court Justices (as listed in the transcript)

  • Chief Justice: John Roberts
  • Associate Justices: Clarence Thomas, Samuel Alito, Neil M. Gorsuch, Brett Kavanaugh, Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson
  • (Note: The list includes justices appointed by various presidents; positions reflect the composition described in the material.)

United States Supreme Court locations

  • United States Supreme Court in Washington, DC
  • United States Supreme Court in Philadelphia, PA

Court Packing Plan (1937)

  • In 1937, President Franklin Roosevelt attempted a Court Packing Plan, which would have created more seats on the Court and allowed him to fill them with justices who were politically aligned with him.
  • Roosevelt wanted to increase the number of justices to 15 because of his frustration with the Supreme Court Justices using their power of judicial review to invalidate the New Deal legislation that he believed to be necessary to fight the Great Depression.
  • Congress was not in favor of this plan. The power to change the number of seats is held by Congress and not the president. So, the attempt ultimately failed. The number of seats remained at 9.
  • No other president (or Congress) has attempted to change the number of seats on the Supreme Court since then.

How Judges are Appointed

  • Supreme Court justices are nominated by the President and confirmed by the Senate.
  • Senatorial Courtesy - before the president can make a formal nomination, the senators from the candidate’s own state must indicate that they support the nominee.
  • If one or both senators from a prospective nominee's home state belong to the president's political party, the president will almost invariably consult them and secure their blessing for the nomination.
  • The president will then submit his or her nominee to the Senate Judiciary Committee. The committee holds hearings on each nomination, including testimony from supporters and opponents.
  • After the Judiciary Committee completes their hearings, its members vote on whether to recommend the nomination to the full Senate.
  • A majority of the 100 Senators must vote in support for the nomination in order for that person to be sworn in as a federal judge.

How long it takes to get a vote on a Supreme Court nominee

  • The transcript provides a table of nominees and days between nomination and vote since the Ford administration, but the key takeaway:
  • Average: 67 days between nomination and Senate vote.
  • Note: Roberts was originally nominated to be an associate justice, but was re-nominated for chief justice upon the death of then-Chief Justice William Rehnquist.
  • Source: United States Senate (CNBC).

Lifetime Appointment

  • The Supreme Court justices serve for life unless they want to retire earlier or are impeached.
  • Impeachment is the process in Congress for removal of the president, federal judges, and other high officials.
  • Since the Supreme Court first convened in 1790, there have been 17 Chief Justices and 104 Associate Justices and only one has ever been impeached.
  • In 1804, Associate Justice Samuel Chase was impeached by the House of Representatives because he irritated President Thomas Jefferson and Congress. They believed Chase was acting in a partisan manner during several trials. However, Chase was acquitted by the Senate and served on the court until his death in 1811.
  • Because federal judges are exempt from having to run for reelection, judges are better positioned to make decisions that go against society’s dominant values and policy preferences. This protection is important when judges make decisions that protect the rights of minorities.

Marbury v. Madison (1803)

  • In 1803, Marbury v. Madison was the first Supreme Court case where the Court asserted its authority for judicial review.
  • Judicial Review is the ability of a court to examine and decide if a law, treaty or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution.
  • Marbury petitioned the Supreme Court to order Madison to deliver the commission, but Jefferson did not believe that the Court had the power to undertake such an action.
  • Chief Justice John Marshall was determined to assert the power of the judiciary but knew he must avoid a direct confrontation with the president. Accordingly, Marshall turned down Marbury’s petition but gave as his reason the unconstitutionality of the legislation upon which Marbury had based his claim.
  • Thus, Marshall asserted the power of judicial review but did so in a way that would not provoke a battle with President Thomas Jefferson.

Original Jurisdiction Cases

  • Cases between one of the states and the U.S. government – United States v. Maine; the justices ruled that the national government, not the states, had control of oil deposits more than three miles offshore.
  • Cases between two or more states – Michigan and Ohio each claimed the same piece of territory in Lake Erie; Arizona and California have battled each other over water resources.
  • Cases involving foreign ambassadors or other ministers – United States v. Ortega; a diplomat was indicted for assaulting a Spanish diplomat; the Court decided this was not a "suit affecting a public minister" because it was primarily a criminal prosecution against Ortega for violating U.S. law, not a civil dispute between the individual and the foreign diplomat.
  • Cases brought by one state against citizens of another state or against a foreign country – Chisholm v. Georgia; Georgia argued sovereign immunity; the Court ruled that Georgia could be sued in federal court.

The Supreme Court at Work

  • Submit a Writ of Certiorari (Petition) – The Supreme Court’s decision to accept a case begins with a petition filed and at least 4 of the Supreme Court justices agreeing to hear a case.
  • The Preparation – first attorneys on both sides must prepare briefs, written documents explaining why the Court should rule in favor of their client.
  • Oral Argument – Attorneys for both sides appear before the Court to present their positions and answer the justices’ questions. Each attorney has only a half hour to present his or her case, including interruptions for questions.
  • The Conference – Following oral arguments, the Court discusses the case in its Wednesday or Friday conference, a strictly private meeting that no outsiders are permitted to attend.
  • Opinion Writing – After a decision has been reached, one of the members of the majority is assigned to write the opinion. This assignment is made by the Chief Justice or by the most senior justice in the majority if the Chief Justice is on the losing side. Every opinion of the Supreme Court sets a major precedent for future cases throughout the judicial system.

The Process of Petitions and Briefs (Slide overview)

  • Discuss
  • List
  • Petitions
  • Certiorari pool
  • Amicus curiae briefs
  • Conference
  • Briefs
  • Oral argument
  • Conference
  • Opinions and dissents

Checks on Judicial Power (Methods to constrain courts)

  • Constitutional Amendment – Congress and the states may correct the Supreme Court’s interpretation of the Constitution by adding an amendment. There have been 27 amendments added to the Constitution.
  • Statutory Amendment – allows Congress to correct the Court’s interpretation of a statute. Although passing a law is easier than amending the Constitution, it is not an easy task.
  • Impeachment – Impeachment of justices is another way of checking the justices' power. There has been one Supreme Court justice impeached.
  • Withdrawing Jurisdiction – Congress may remove some types of cases from the Court’s jurisdiction.
  • Change the Size – Congress may also change the size of the Court, which was the heart of President Franklin Roosevelt’s Court Packing proposal in 1937.
  • Appointment of new justices – the president can place new ideas as well as new personalities on the bench.
  • Senate confirmation – Senate confirmation may limit the range of a president's choices.

Checks on Judicial Power (Practical constraints)

  • Compliance – Judges possess very little power and depend on others to carry out their decisions and obey.
  • Watergate example – During the Watergate scandal of the 1970s, the Supreme Court handed down a decision ordering Nixon to provide a special prosecutor with recordings of secretly taped White House conversations.
  • Powell quote – Years later, Supreme Court Justice Lewis Powell observed that had Nixon refused to comply with the Court’s order, “there was no way that we could have enforced it. We only had 50 police officers at the Supreme Court, but Nixon had the U.S. military at his disposal.”
  • In the end, Nixon handed over the tapes and shortly thereafter resigned from office realizing that public support for his impeachment was very strong.
  • Litigation – Unlike legislators who may introduce bills, judges do not initiate the cases they decide; without a case, no court can take action.