Chapter 14- The Judicial Branch

Common Law- Judges make decisions according to prevailing customs which are then applied to similar situations and become common to nation

Precedent- decide new cases with reference to former decisions

Stare Decisis- Latin for “to stand on decided cases” sets doctrine for a precedent

General Terms

Federal Court System

District Courts

•Trial Court- trials held and testimony taken•General Jurisdiction-cases from a broad array of issues•Limited Jurisdiction- special cases (tax, bankruptcy)•Appellate Court- appeal if not happy with district decision

Courts of Appeals

•Hear appeals from the district courts in their jurisdiction•13th Court (Federal Circuit)- appellate jurisdiction for certain cases (Patent Law, cases where US govt. is defendant)•No trial- panel of judges review transcript and proceedings

Supreme Court

•9 Justices- appointed for life terms by President and approved by Senate•Appeals from federal appellate courts and highest state courts•Unique- decide which cases they hear

FISA Court•Foreign Intelligence Surveillance Act•Authorize surveillance•7 justices- operate in secret, no records of meetings or public access•Warrants can be used to obtain evidence for use in criminal trials

Alien “Removal Courts”

•Anti-Terrorism and Effective Death Penalty Act of 1996•“Alien Terrorists”•Judges rule on possible deportation•Public deportation proceedings in US District Court- defendant cannot see evidence the prosecution used to secure the hearing

Discretionary Jurisdiction

•Supreme Court decides which cases it hears•Usually they hear cases that profoundly impact our lives (Constitutional issues)•Examples- capital punishment, affirmative action, religious freedom, assisted suicide, abortion, property rights, etc

Factors on Decision

•Legal questions- resolution by highest court•Lower court decision conflicts with an existing Supreme Court ruling•Significance beyond the two parties involved

Writ of Certiorari

•An issued by a higher court to a lower court to send up the record of a case for review•90% of petitions for review are denied (which means lower court decision stands)

Rule of Four•4 justices must vote to grant a petition for review if a case is to come before the full court

Court DecisionOpinion- the statement of the decision reached on a case, gives detailed reasoning for decision (written by one of the justices)

Affirmed- Decision of lower court is upheld

Remanded- Send case back to the original court in which it was held (lower court decides not to issue a lawsuit but the Supreme Court warrants it)

Majority Opinion- outlines the views of the majority justices who voted with the opinion

Concurring Opinion- written by judge supporting the majority who wishes to clarify or to make a particular point in regards to the Majority Opinion

Dissenting Opinion- written by judges who votes against the majority who wish to explain their reasoning

Appointments•Presidents make appointments and approved by Senate•Senate Judiciary Committee (and subcommittees)•Senatorial Courtesy- Senator of President’s party can veto a judicial appointment in their state

District Judge Nominations

•Political Patronage (historical way of doing it)•Pres. Jimmy Carter- established independent commissions•Pres. Ronald Reagan- established complete presidential control of nominations

Appeals Judge Nominations

•Seen as more important•Handle more important cases (from presidential view)•Presidents play a more active role in their nominations•“Stepping-stones” to Supreme Court nominations

Roles of Chief Justice

•Chair of the Judicial Conference of the US- policymaking body that the chief justice indirectly oversees $5.5 Billion budget•Influential in providing the philosophical nature of the court (see readings on my website about Warren and Rehnquist Courts)

Powers of the Judicial Branch

Judicial Review

•Power of courts to determine whether a law or action by other branches is constitutional•Marbury v. Madison•Higher the court, the greater the impact

Judicial Activism

•Doctrine stating the Supreme Court should take an active role by using its powers to check the activities of governmental bodies when those bodies exceed their authority•Ex- Chief Justice Earl Warren

Judicial Restraint

•Doctrine stating the Supreme Court should defer to decisions of the legislative and executive branches because they are directly elected by the people

Strict vs. Broad Construction

•Strict- “letter of the law” (word for word)•Broad- Constitution is a “living organism” and is flexible•Disagreement helped give rise of the first political parties (Jefferson and Hamilton

Warren and RehnquistChief Justice Earl Warren Chief Justice William

Rehnquist

Seen as more liberal 1953-1969

Known as conservative

Followed by more conservative appointments

Reduce federal power and states’ rights◦ Commerce Clause- guns

in school zones

Articles on my website

for more details

Supreme court has no enforcement powers and depend on cooperation of other 2 branches

Andrew Jackson “John Marshall has made his decision; not let him enforce it.” (regarding Worcester v. Georgia)

Appointment of judges- help shape the philosophy of the court

US Solicitor General- presidential appointee who is actively involved in about 2/3 of Supreme Court cases

Executive Checks on Judicial Power

Appropriate funds to carry out rulings Propose and pass amendments that

overturn court rulings 14th, 15th, 26th- discrimination Pass or rewrite laws

◦ Flag burning◦ Pornography on Internet

Legislative Checks on Judicial Power

Exert Pressure◦ State and Local officials enforcement of decisions◦ Drive agenda of Supreme Court (determine cases

that are heard)◦ Decisions- cautious to make rulings at odds with

public opinion

Public Opinion

Hypothetical Issues Disputes that arise out of actual cases Political Question- one that should be

decided by the elected branches of government (ex. Gays and lesbians in the military)

Traditions and Doctrines