The Judicial Branch

The Constitutional Basis for Judicial Power

A Strong National Government

• The Founders agreed a stronger national government outweighed potential liberty infringements, including legislative, executive, and judicial branches.

• Four features ensure a powerful judiciary:

  1. Separate branch in the Constitution

  2. Hierarchical authority among courts

  3. [[judicial review]]

  • The Supreme Court can strike down actions violating the Constitution, justified via the [[supremacy clause]].

  1. Lifetime appointments for federal judges

Judiciary Appointments

• Judges are appointed, not elected, ensuring impartiality.

• Linked to other branches: president appoints, Senate confirms, Congress funds.

• Senators must support nominees from their state ([[senatorial courtesy]]). The Senate Judiciary Committee considers, and the full Senate confirms.

Early Court Cases That Expanded Judicial Power

• [[Judicial Review]]

  • Marbury v. Madison

  • Established judicial review: the Supreme Court can declare laws unconstitutional.

• Federal Supremacy

  • [[McCulloch v. Maryland]] (1813) and [[Gibbons v. Ogden]] (1824)

  • Supreme Court has final word over state laws and courts.

How the Judiciary Solves Collective Dilemmas

• Judges are not elected; they can approach conflicts neutrally.

• Prisoner’s Dilemmas: Impartial courts ensure contract enforcement.

• Coordination Problems: Judicial review ensures a single interpretation of the law.

Types of Court Cases

• Cases are civil or criminal. A #plaintiff files charges; the #defendant faces them.

  • [[Civil Cases]]: result from suing for failure to uphold civil code.

  • Losers pay damages, not arrested.

  • Civil cases over $75,000 involving multiple states may be heard in federal or state courts.

  • Two common types: #contracts and #torts

    • [[contract cases]]: violation of an agreement between parties

    • [[tort cases]]: injury due to negligence or malfeasance

  • [[Public Law]]: involves government power or citizen rights

    • [[constitutional law]]: determines if government actions align with the Constitution

    • Congress can't abrogate constitutional rulings without an amendment.

    • [[administrative law]]: disputes over administrative agencies’ authority

  • [[Class Action Lawsuits]]: filed by a group of individuals to prevent coordination problems

  • [[Criminal Cases]]: government charges a person with a crime against society

The Organization of the American Judicial System

• Federal Jurisdiction

  • Constitution mentions Supreme Court, but Congress expands judicial system via [[The Judiciary Act]] of 1789.

  • Lower-level courts solve disputes; their decisions stand unless controversial.

  • Nearly 99% of cases are in state courts: cases start in a [[trial court]], appeal to [[state court of appeals]], then to state supreme court.

  • U.S. government cases are heard in federal courts.

  • Military operates under the Uniform Code of Military Justice (UCMJ)

  • [[Article III]] gives Supreme Court [[appellate jurisdiction]] in federal cases and [[original jurisdiction]] in cases involving ambassadors/states.

  • [[appellate jurisdiction]]: cases appealed from lower court

  • [[original jurisdiction]]: cases taken directly to federal court

  • [[District Courts]](Federal Trial Courts): lowest level of federal judiciary with [[original jurisdiction]]

  • [[Circuit Courts]](Federal Appellate Courts): divided into 12 circuits, each with [[appellate courts]] that can overrule lower courts

  • The [[Supreme Court]]: has [[original jurisdiction]] in limited cases per [[Article III]]; hears cases between states, federal disputes, and constitutionality of a law

How a Case Arrives to the Supreme Court

• Rules of Access: courts require a case or controversy, standing, and mootness. Courts are passive; they wait for lawsuits.

  • Supreme Court hears about 1% of cases. [[writ of certiorari]] ([[rule of four]]) signifies Court's acceptance.

• Controlling the Flow of Cases: [[solicitor general]] and [[federal law clerks]] shape flow of cases.

  • Solicitor generals screen cases and can file [[amicus curiae]] briefs; law clerks research legal issues

Judicial Decision Making

• Courts apply statues and precedents ([[stare decisis]]). Interpretations are subject to Congressional review.

  • Decisions serve as precedents, leading to [[common law]]. A tie lets the lower-courts decision stand.

• Standard Procedure

  • Briefs and Oral Arguments: interested parties file amicus curiae briefs; arguments followed by questions aiming to comprehend opposing perspectives; justices disclose individual perspectives

  • Private Discussion (The Conference): justices take preliminary vote to arrive at a decision

  • Opinion Writing: justices assign task of writing a formal opinion to clarify their ruling.

  • Majority Opinion: the chief justice often writes the majority opinion, shaping legal interpretation.

  • Concurring & Dissenting Opinions: Justices write concurring opinions to specify their reasoning; dissenting opinions explain disagreement with the Court’s ruling

Models of Judicial Decision Making

• [[The Legal Model]]: justices focus solely on facts, precedent, Constitution, and Founders' intent ( [[judicial restraint]]).

• [[The Strategic Model]]: justices consider factors beyond facts/precedent, consulting political context.

• [[The Attitudinal Model]]: justices base opinions on political predispositions ([[judicial activism]]).

Decision Implementation

• lower courts apply principles; executive branch enforces decisions; State legislators/Governors implement decisions; unsympathetic agencies may obstruct

Public Perceptions of the Supreme Court

• Public Approval: from the Court’s reputation of being “above politics”

• Marginalized Groups: Court is seen as a friend due to civil rights cases

Relationships with Other Branches of Government

• [[Congress]]: Can recraft legislation (statutory ruling) or initiate a constitutional amendment (constitutional ruling) if unhappy with the Court’s decision.

• The Executive Branch: president nominates justices and enforces the Court's decision