The Judicial Branch and Court System in the United States

Key Points about Federal Judges

• Appointed, not elected

• Provides immunity from pressure by interest groups

• Still a political process (Democrats appoint liberal judges, Republicans appoint conservative judges)

• Demographically unrepresentative

Types of Laws

• Constitutional Law: Derived from the Constitution, difficult to change; requires Supreme Court interpretation

• Statutory Law: Written laws, easier to modify; state court decisions can reinterpret

Types of Legal Systems

• Common Law: Based on precedents, offers consistency but can lead to unpredictability due to varied interpretations

• Civil Law: Based on statutes; precedents not binding

Court Jurisdiction

• State Courts: Handle 95% of cases

• Federal Courts: Cases involving constitutional issues, out-of-state citizens, and other specific jurisdictions

• Supreme Court: Jurisdiction includes cases involving foreign diplomats, disputes between states, and select lower court cases by writ of certiorari

Selection of Federal Judges

• Appointed by the President with Senate consent

• Lifetime appointment, no age or citizenship restrictions

• Rarely impeached; senators often recommend district court appointees

Supreme Court Nominations

• Approximately 20% of nominations are rejected for ideological reasons

• Lengthy confirmation hearings due to the Court's power to influence key laws

Key Role of US Courts

• Interpret and apply laws

• Example: Changing interpretations of "Equal Protection"

Constitutional Power

• Supreme Court's powers outlined in Article 3 of the US Constitution

Role of the Supreme Court

• Judicial Review: Power to review and overturn legislative and executive actions deemed unconstitutional

• Originated from Marbury v. Madison

Interpretation Approaches

• Strict Construction: Narrow, original definitions; inflexible

• Loose Construction: Broad, modern interpretations; more flexible

Judicial Activism vs. Restraint

• Judicial Activism: Actively changes laws; prioritizes fairness and individual rights

• Judicial Restraint: Limits involvement, allows legislative processes to unfold; emphasizes consistency and stability

Court Trends

• Activism is typically liberal, restraint is often conservative, but this is not absolute

Selecting Cases for the Supreme Court

• Requires agreement from 4 Justices, must involve significant legal questions or conflicts

• Only about 1% of cases heard

Customs of the Supreme Court

• Agenda set by Chief Justice, orderly discussions, unique voting protocols on specific cases

Supreme Court Decisions

• Decision: Outcome of the vote

• Opinions: Include majority, plurality, concurring, and dissenting opinions

Current Justices

• Chief Justice: John Roberts

• Conservative Justices: Brett Kavanaugh, Neil Gorsuch, Clarence Thomas, Amy Coney Barrett, Samuel Alito

• Liberal Justices: Stephen Breyer, Sonia Sotomayor, Elena Kagan

Checks on the Courts

• Legislative: Congress can restrict funding

• Executive: President can appoint new Justices

• Public Opinion: Influential despite being unofficial

• Lower Courts: Can misinterpret or not follow higher court decisions

Important Terms

• Litigate: To engage in legal proceedings

• Class Action Lawsuit: Lawsuit on behalf of a group

• Grand Jury: A group that determines whether evidence supports an indictment

Study Topics

• Justification for appointment process of federal judges

• Power of judicial review and types of cases heard by the Supreme Court

• Differences between strict and loose constitutional interpretations

• Judicial activism vs. restraint and examples for liberals and conservatives

• Current justices and their appointing presidents.

Judicial Review

• Power to review and overturn legislative and executive actions deemed unconstitutional.

• Originated from Marbury v. Madison.

Appointment Process

• Federal judges are appointed by the President with Senate consent.

• They serve for life, with no age or citizenship restrictions.

• Rarely impeached; senators often recommend district court appointees.

Process of Selecting & Hearing Cases

• Requires agreement from 4 Justices to hear a case.

• Must involve significant legal questions or conflicts.

• Only about 1% of cases are heard by the Supreme Court.

Judicial Activism & Judicial Restraint

• Judicial Activism: Actively changes laws and prioritizes fairness and individual rights.

• Judicial Restraint: Limits involvement, allows legislative processes to unfold, emphasizes consistency and stability.

Originalism vs. Living Constitution Approaches

• Originalism: Focuses on narrow, original definitions of the Constitution, leading to inflexible interpretations.

• Living Constitution: Advocates for broad, modern interpretations, allowing flexibility in application.

Different Types of Opinions Rendered in Supreme Court Decisions

• Majority Opinion: Represents the opinion of the majority of the justices.

• Plurality Opinion: Opinion with the most votes but less than a majority.

• Concurring Opinion: Agrees with the majority but for different reasons.

• Dissenting Opinion: Expresses disagreement with the majority opinion.

Judicial Review

• Power to review and overturn legislative and executive actions deemed unconstitutional.

• Originated from Marbury v. Madison.

Appointment Process

• Federal judges are appointed by the President with Senate consent.

• They serve for life, with no age or citizenship restrictions.

• Rarely impeached; senators often recommend district court appointees.

Process of Selecting & Hearing Cases

• Requires agreement from 4 Justices to hear a case.

• Must involve significant legal questions or conflicts.

• Only about 1% of cases are heard by the Supreme Court.

Judicial Activism & Judicial Restraint

• Judicial Activism: Actively changes laws and prioritizes fairness and individual rights.

• Judicial Restraint: Limits involvement, allows legislative processes to unfold, emphasizes consistency and stability.

Originalism vs. Living Constitution Approaches

• Originalism: Focuses on narrow, original definitions of the Constitution, leading to inflexible interpretations.

• Living Constitution: Advocates for broad, modern interpretations, allowing flexibility in application.

Different Types of Opinions Rendered in Supreme Court Decisions

• Majority Opinion: Represents the opinion of the majority of the justices.

• Plurality Opinion: Opinion with the most votes but less than a majority.

• Concurring Opinion: Agrees with the majority but for different reasons.

• Dissenting Opinion: Expresses disagreement with the majority opinion.

Judicial Review

• Power to review and overturn legislative and executive actions deemed unconstitutional.

• Originated from Marbury v. Madison.

Appointment Process

• Federal judges are appointed by the President with Senate consent.

• They serve for life, with no age or citizenship restrictions.

• Rarely impeached; senators often recommend district court appointees.

Process of Selecting & Hearing Cases

• Requires agreement from 4 Justices to hear a case.

• Must involve significant legal questions or conflicts.

• Only about 1% of cases are heard by the Supreme Court.

Judicial Activism & Judicial Restraint

• Judicial Activism: Actively changes laws and prioritizes fairness and individual rights.

• Judicial Restraint: Limits involvement, allows legislative processes to unfold, emphasizes consistency and stability.

Originalism vs. Living Constitution Approaches

• Originalism: Focuses on narrow, original definitions of the Constitution, leading to inflexible interpretations.

• Living Constitution: Advocates for broad, modern interpretations, allowing flexibility in application.

Different Types of Opinions Rendered in Supreme Court Decisions

• Majority Opinion: Represents the opinion of the majority of the justices.

• Plurality Opinion: Opinion with the most votes but less than a majority.

• Concurring Opinion: Agrees with the majority but for different reasons.

• Dissenting Opinion: Expresses disagreement with the majority opinion.