chapt 7
American and Texas Government - Judiciary Notes
Overview of the Judiciary
The Judiciary refers to the judicial branch of government in the American and Texas systems.
Developed by Shannon Bow O'Brien, Ph.D.
Created under the College of Liberal Arts at the University of Texas at Austin.
Section 7: Judiciary
Introduction
Introduction to the concepts of the judiciary in American and Texas contexts.
Historical Context
Framers' Perspective:
The Framers of the Constitution did not express significant concern regarding potential tyranny from the judicial branch.
Article III of the Constitution contains vague language that grants Congress the power to establish lower federal courts.
The concept of judicial review is not explicitly stated in Article III of the Constitution.
Important Legal Precedent
Marbury vs. Madison:
This landmark case clarifies the powers of judicial review, establishing the judiciary's authority to invalidate laws that conflict with the Constitution.
Power of the Courts
Judicial Independence:
To protect justices from public whims, they are given life terms in office.
Checks on Judicial Power:
Congress can:
Alter the jurisdiction of the courts.
Propose constitutional amendments to reverse judicial decisions, pending ratification.
Impeach and remove federal judges.
The President is responsible for appointing all federal judges.
Notably, the U.S. Supreme Court has been located in its current building since 1935.
Early Federal Courts
Judiciary Act of 1789:
This act provides the organizational structure for federal courts.
During the latter half of its first session, Congress deliberated extensively on establishing federal judiciary systems.
Marshall Court (1801-1835):
This court met at various locations in the US Capitol from 1810 to 1860 before moving to the Old Senate Chamber until 1935.
Powers of the Supreme Court
Jurisdictions
Supreme Court powers include:
Original Jurisdiction: The Court hears cases first, particularly those involving diplomats, ambassadors, and when a state is a party.
Appellate Jurisdiction: Hears cases on appeal from lower courts.
Jurisdiction Claims: The Supreme Court has a significant role in interpreting laws through both constitutional and statutory interpretations.
Interpretation Theories
Living Constitution: This theory suggests that the Constitution is a dynamic document that adapts to contemporary society.
Statutory Construction: The process of interpreting the meaning of statutes.
The Court can decide to refuse to hear a case based on its discretion.
Structure of the American Legal System
Dual System: Comprising both federal and state courts.
Trial Courts: Initial courts where cases are heard.
Appellate Courts: Courts that review the decisions of trial courts.
Types of Cases:
Criminal Cases: Involving violations of criminal laws.
Civil Cases: Disputes between individuals or organizations.
Plea Bargain: An agreement between a defendant and prosecutor.
Class Action Suit: A lawsuit filed by one or more individuals on behalf of a larger group.
Standing: The legal right to initiate a lawsuit.
Court Systems and Case Load
Federal Court System
Original Jurisdiction Cases: Comprises about 5% of cases which include diplomatic and ambassadorial matters, and cases involving states.
Legislative Courts: Established under Article I, Section 8, for specific technical expertise (e.g., U.S. Court of Military Appeals).
U.S. Tax Court: Hears tax-related cases.
Appeals Statistics (2022)
U.S. Courts of Appeals: 13 courts with a total of 2022 - 179 judges, handling around 50,000 cases annually.
State Supreme Courts: Approximately 85,000 cases per year.
U.S. Supreme Court: Issued 70-90 opinions during the 2021-2022 term, agreeing to hear 68 cases, dismissing 4, and removing 1. The Court received 7,000-8,000 appeals, with about 100-140 granting writs of certiorari.
Trial and District Courts: Significant volume of cases:
State Trial Courts: 89 million cases per year.
94 U.S. District Courts: 274,000-300,000 cases per year in 2018.
Supreme Court Structure
Composition & Jurisdiction
Current Justices: Originally 6 justices; increased to 9 justices in 1869.
Jurisprudential Roles:
Writ of Certiorari: A document issued when the Court agrees to hear a case.
Amicus Curiae: Briefs submitted by non-parties to offer information on relevant issues.
Majority Opinion Types:
Opinion of the Court: The official statement of the ruling.
Plurality Opinion: Supports a decision without majority agreement.
Concurring Opinion: Agreement with the outcome but for different reasons.
Dissenting Opinion: Disagreement with the majority view.
Per Curiam Opinion: An unsigned opinion from the court.
In Forma Pauperis: Allows individuals without funds to pursue legal action.
Order of Justices in 2022:
Seated Justices: Sonia Sotomayor, Clarence Thomas, John Roberts, Samuel Alito, Elena Kagan.
Standing Justices: Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, Ketanji Brown Jackson.
Federal Judicial Circuits
Overview
Thirteen Federal Judicial Circuits: Each handles a designated geographical area of cases.
Special Circuit - Federal Circuit: Hears cases related to patents and government contracts.
Activism vs. Restraint
Judicial Philosophies
Judicial Activism:
Judges actively shape doctrine to align with personal views of the Constitution and prevailing social policies.
Judicial Restraint:
Judges take a conservative approach, deferring to policies set forth by elected branches unless there is a clear constitutional violation.
Emphasis on original intention and strict constructionism.
Test Case: A significant court case intended to establish a legal precedent.
Activist Viewpoints
Characteristics of Activist Judges:
Regular use of the power to declare laws unconstitutional, viewing it as a legitimate tool of governance rather than a measure of last resort.
Challenging the notion that the judiciary is inherently the least democratic of the three government branches.
Note: Judicial activism is not tied to a particular political ideology (liberal or conservative).
Importance in identifying which justices lean towards striking down congressional statutes.