Judicial Branch
The Judicial Branch
The History of the Federal Judiciary
Most founders probably expected judicial review but did not anticipate the courts to have such a large role in policy-making.
Hamilton - Federalist #78- the independence of judges is essential to a democracy.
judges are appointed, not elected
they have life term
they are not supposed to be affected by public opinion
no matter if people are mad at their decisions, they keep their job
He believed the courts to be the least dangerous of the three branches.
most court cases are state crimes
most common crime is tax evasion
most people accused are guilty so they take a:
plea bargain- saying they are guilty but they get a lesser charge (excuses)
it is the least dangerous branch:
they do not have the power of the purse or sword
Judicial Review
Marbury v Madison (1803) granted the courts the power of judicial review
Judicial Review- the right of federal courts to rule on the constitutionality of laws and executive actions.
interpreting the constitution
states cannot do anything contrary to federal gov
checks other branches
It’s the #1 judicial weapon in the checks and balances system.
Precedents
Definition- When judges rule on cases by using the decisions of previous judges.
Also known as Stare Decisis- “Let the decision stand.”
judges use previous decisions to influence their current answers (if something worked back then, then it may work now)
How to interpret the Constitution?
There is much debate on how the Constitution should be interpreted:
1) Judicial Restraint- judges are boundby the wording of Constitution. (narrowly interpret)
using the stare decisis
2) Judicial Activism- judges should look to the underlying principles of the Constitution. (broadly interpret).
use this when overturning previous laws
activist eventually becomes precedent for future cases
both liberals and conservatives act on this one more because it depends on the case subject (ex: if a case leans more liberal, then conservatives act as activist)
there are 9 judges
The Role of the Courts
Ideological changes in the composition of the Supreme Court due to presidential appointments have led to the Court’s establishing new or rejecting existing precedents.
Topics that have been decided by the Court include:
desegregation of schools
gay rights
abortion laws
Dual Court System
state courts: state crimes
state trial courts- judge rules during case, has no effect on common people
state appealte courts (where you appeal)- go here if lost, it is NOT a retrial, simply giving excuses (typically claiming that something happened that caused them to lose)
state supreme court- go here if lost appeal
requests for review in supreme court- if lost state supreme, you must raise a constitutional issue or federal question to go US supreme
united states supreme court
mneumonic: technically a state runs underneath
federal courts: federal crimes
united states district courts- court of original jurisdiction, least dangerous to common people
united states courts of appeals/circuit courts- judges get nominated by prez, confirmed by senate, have life term. 90% of cases end here
requests for review in supreme court- if lost circuit court, you must raise a constitutional issue or federal question to go US supreme
united states supreme court- 9 people serve, they were previously in the circuit court
mneumonic: dont carry ruined umbrellas
most cases end with giving the defendent a plea bargain
FL has 3 district courts
total fed judges= 2,000
trump appointed 200 judges, all were confirmed
Jurisdiction of Courts
Dual court system- state courts and federal courts have their own jurisdiction.
Federal question cases: involving US Constitution, federal law and treaties.
ex: kidnapping, treason, espionage, tax evasion, counterfeiting (printing money)
Also cases involving different states or citizens of different states
State cases are much more common (murder, assault, battery, larceny)
if you do the same state crime in multiple states, it is considered a federal crime
Federal or State Court?
Some cases can be tried at either level.
Example: if both federal and state laws have been broken. (dual sovereignty)
State cases can sometimes be appealed to the Supreme Court....a federal question must be raised.
Selecting Federal Judges
All federal court judges are nominated by the president and confirmed by the Senate, on recommendation from the Senate Judiciary Committee.
Senatorial Courtesy- when president asks senator to help nominate judge in district court, only happens in district
least invasive judges to common people: district judges
when a district judge steps down:
senate has to find names to replace them
The Litmus Test
Presidents seek judges who share a similar ideology to their own.
Greatest impact on court decisions is ideology.
Presidents tend to nominate more moderate judges when the Senate is controlled by the opposite party
prez putting someone with same ideology on court, helps him win cases he wants to be passed
Constitutional Courts
District Courts- (94)
At least 1 in each state
Trial courts of the federal system
Single judge and jury present.
Circuit Court of Appeals (12)
appellate court
located regionally
panel of 3 judges
most cases are state cases
Circuit Court of Appeals
Decisions appealed to the US Supreme Court.
Over 8000 decisions get appealed in a calendar year
Most get denied. When this happens, the decision is REMANDED back to the lower court, which means the circuit court decision stands.
Circuit Court decisions are usually the court of last resort for most cases.
between 60/70 and 100 cases go to supreme court
most cases get remanded
once a case is denied in the circuit court AND denied in supreme, youre done
ideology matters when a judge is being appointed
supreme justices were first a circuit court judge
there are 9 memebers in supreme court (1 chief)- if tied on a case:
it gets remanded back to the circuit court
Route to the Supreme Court
Most federal cases begin in district court, then are appealed to circuit court.
Supreme Court picks which cases it wants to hear. Rule of Four- 4 justices agree to hear case, then issue a writ of certiorari- the case gets on docket, a date in the supreme court. this tieggers all paperwork to be sent to supreme and lawyers get busy
Usually pick cases that deal with:
1) significant federal or constitutional question
2) conflicting decisions by circuit courts
3) constitutional interpretation by a high state court, about state or federal law.the supreme court determines the entire docket- what cases rhey hear, their clerks can suggest which cases they take
solicitor general:
appointed by prez and confirmed by the senate
is the 9 1/2 or 10th justice in supreme court
represents the citizens of the US/prez in supreme court
he can ask the supreme court to hear a case on behalf of the prez
his term only lasts the length of the president's terms
to become this you have to be a senior lawyer
Going Supreme!!
About 8000 requests for certiorari are submitted, the Supreme Court usually limits its DOCKET to no more than 100 cases in a year.
The Supreme Court sometimes hears cases on original jurisdiction:
1) when a foreign ambassador is named in a case
2) when a state is named in a case
3) when maritime/admirality law is involved.judges look for cases that support their ideology
ex: conservative judges looked for years to find a case to overturn Roe V Wade
Supreme Court in Action
Each side has an 1/2 hour for oral arguments, including interruptions for questions by justices.
Briefs are submitted by each side, solicitor general, and friends of the court-
amicus curiae briefs-
friend of the court
outside parties can also file their opinions
they are typically interest groups
a form of lobbying the courts- attempts to influence judges or judicial proceedings outside of the official courtroom process
Solicitor general- 10th justice and does not get to vote
judges minds are typically made up about a case before they hear defense
actual hearing works with a red/green light system and each person gets 30 mins to talk
Conference Procedures
Judges meet in chambers.
Chief Justice speaks first, votes last. he writes the majority opinion or assigns someone else to write it
Selection of opinion writer
Types of opinions:
1) majority opinion- official decision
2) concurring opinion- agree, but for different reason
3) Dissenting opinion- minority opinion.
this matters for future cases because judges can use it to defend.
ex: the decision to overturn roe v wade was once a dissenting opinion
if there is a tie in votes, it is remanded back to the circuit court
newest justice votes first and speaks last
if chief justice is on the losing side, majority opinion is written by judge with most seniority on winning side
Checks on Judicial power
all these are done by congress
a court case or law is only as strong as the person enforing it (prez or state)
weak enforcement = weak effect
the public has extreme influence in court decisions
ex: gay marriage
1) confirmation and impeachment
2) change the number of judges
3) changing jurisdiction of courts
4) revising legislation
5) amending the Constitution
6) Prez or states delaying implementation of Supreme Court decision (executive executes laws and court orders
Life tenure
Life tenure for justices allows the court to function independent of the current political climate.
As a result of this independence, the Court can deliver controversial or unpopular court decisions, which in turn can lead to debate about the court’s power.