Chapter+Six+Lecture

Chapter 6: The Federal Judiciary

Overview of the Federal Judiciary

  • The Federal Judiciary is responsible for interpreting the laws of the nation.

  • The Supreme Court is the highest level of the federal judiciary, established in Article III of the Constitution.

  • Federal judges are appointed for life, ensuring independence from political pressures.

  • In contrast, 90% of state judges face elections and must cater to public opinion.

Current Supreme Court Justices

  • Supreme Court Members (Photo Reference):

    • Top Row: Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, Ketanji Brown Jackson.

    • Bottom Row: Sonia Sotomayor, Clarence Thomas, Chief Justice John G. Roberts, Samuel Alito, Elena Kagan.

Judicial Independence from Money and Politics

  • There are concerns about the influence of money in judicial elections.

  • High campaign contributions can lead to questions about impartiality.

  • Special interest groups' contributions raise further concerns about judicial conduct.

Case Study: Caperton v. Massey Coal Co. (2009)

Background

  • Case involved campaign contributions influencing judicial impartiality.

  • Don Blankenship, head of Massey Coal, contributed $3 million to a judicial campaign, achieving success against Harmon Mining's suit.

Court's Ruling

  • The West Virginia Supreme Court ruled in favor of Massey Coal.

  • However, the U.S. Supreme Court determined that Judge Benjamin should have recused himself due to conflict of interest, violating the 14th Amendment's due process clause.

Implications

  • Federalist No. 78 argues for an independent judiciary to maintain checks and balances.

  • The Caperton case exemplifies the challenges faced in upholding judicial independence.

Judges, Elections, and Money

  • 90% of state judges are elected, with significant financial backing in campaigns, leading to potential bias.

  • In discussions, teams focus on comparing the effectiveness of elections vs. appointments for judges.

Appointment Process for Supreme Court Justices

  • The President nominates justices, followed by Senate confirmation, typically through the Judiciary Committee.

  • Example: Sonia Sotomayor was confirmed with a Senate vote of 68-31.

The Constitution and the Federal Judiciary

  • Article III details the Supreme Court’s power, emphasizing its final authority on constitutional matters.

  • The Supreme Court plays a critical role in resolving disputes between states and interpreting the law.

Judicial Review

  • Established in Marbury v. Madison (1803), allowing courts to invalidate laws contrary to the Constitution.

  • Judicial review is essential for maintaining the court's role as a coequal branch of government.

Types of Cases

Criminal vs Civil Law

  • Criminal Law: Involves actions harming the community; prosecuted by the government.

  • Civil Law: Involves disputes between individuals or groups; initiated by the plaintiff.

The Federal Court System

  • Structured as a three-tiered system:

    • District Courts: Handle most cases with original jurisdiction.

    • Courts of Appeals: Review district court decisions, exercising appellate jurisdiction.

    • Supreme Court: Resolves significant national legal questions and interpretations of law.

Supreme Court Operations

  • Each justice employs law clerks and the court is in session approximately nine months each year, starting the first Monday in October.

  • The Rule of Four: A case is heard if four justices agree to it.

Precedents and Opinions

  • Precedent: Decisions guide future cases; based on stare decisis.

  • Majority Opinion: Binding; establishes legal precedent.

  • Concurring Opinion: Agrees with the majority but provides additional reasoning.

  • Dissenting Opinion: Disagrees with the majority and bears no legal precedent.

Judicial Restraint vs. Activism

Judicial Restraint

  • Advocates caution in overturning laws, deferring decisions to legislative branches.

  • Argued that judges focus on legal interpretation rather than making public policy decisions.

Judicial Activism

  • Encourages justices to utilize judicial review robustly, often protecting minority rights against majority opinion.

Checks on Court Power

  • Judicial appointments are made by the President and confirmed by the Senate.

  • Congress determines the judiciary's size and jurisdiction, and can modify laws to counteract judicial decisions.

Discussion Prompts

  • Consider the impact of state elections on judicial impartiality and the ways the Supreme Court justices exert influence over law and society.

  • Reflect on the implications of Marbury v. Madison on the Federalist view of an independent judiciary.

  • Discuss the significance of judicial restraint versus activism in contemporary court decisions.