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Do you ever have one of those days when everything seems unconstitutional?" ". The Federal Courts. Chapter 16. The Nature of the Judicial System. Two court systems – state courts, federal courts Two types of cases: - PowerPoint PPT Presentation
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Do you ever have one of those days Do you ever have one of those days when everything seems when everything seems unconstitutional?"unconstitutional?" ""
The Federal CourtsThe Federal Courts
Chapter 16Chapter 16
The Nature of the Judicial The Nature of the Judicial SystemSystem
Two court systems – state courts, Two court systems – state courts, federal courtsfederal courts
Two types of cases:Two types of cases: Criminal Law: government charges an Criminal Law: government charges an
individual with violating one or more specific individual with violating one or more specific lawslaws
Civil Law: court resolves a dispute between Civil Law: court resolves a dispute between two parties two parties
ParticipantsParticipants
LitigantsLitigantsPlaintiff / Prosecutor - the party Plaintiff / Prosecutor - the party bringing the chargebringing the charge
Defendant - the party being Defendant - the party being chargedcharged
Jury - the people (normally 12) Jury - the people (normally 12) who often decide the outcome of who often decide the outcome of a casea case
ParticipantsParticipants
GroupsGroupsUse the courts to try to change Use the courts to try to change policies.policies.
Amicus CuriaeAmicus Curiae briefs (“friend of briefs (“friend of the court”) –written argument the court”) –written argument filed on behalf of one party in a filed on behalf of one party in a case; used to influence the case; used to influence the courts.courts.
AttorneysAttorneys
Figure 16.1
The Structure of the Federal The Structure of the Federal Judicial SystemJudicial System
Federal Court SystemFederal Court System
Step 1 – DISTRICT COURTSStep 1 – DISTRICT COURTS 94 US Dist. – Hear 342,000 cases/yr94 US Dist. – Hear 342,000 cases/yr Trial by jury (only federal court with jury)Trial by jury (only federal court with jury)
Step 2 – APPEAL (CIRCUIT) COURTSStep 2 – APPEAL (CIRCUIT) COURTS 12 Courts of Appeal – Hear 61,000 12 Courts of Appeal – Hear 61,000
cases/yrcases/yr Panel of 3 judges, sometimes morePanel of 3 judges, sometimes more No cases start here, review district court No cases start here, review district court
decisionsdecisions
The Structure of the Federal Judicial The Structure of the Federal Judicial System – Federal District CourtsSystem – Federal District Courts
http://upload.wikimedia.org/wikipedia/commons/thumb/d/df/US_Court_of_Appeals_and_District_Court_map.svg/2000px-US_Court_of_Appeals_and_District_Court_map.svg.png
The Structure of the Federal The Structure of the Federal Judicial SystemJudicial System
The Federal Judicial Circuits (Figure 16.2)The Federal Judicial Circuits (Figure 16.2)
Federal Court SystemFederal Court System
Step 3 – US Supreme CourtStep 3 – US Supreme Court 2010 – hear less than 1% of cases2010 – hear less than 1% of cases Hear appeals – Hear appeals – writ of certiorariwrit of certiorari Rule of 4 – 4 justices needed to agree to Rule of 4 – 4 justices needed to agree to
hear a casehear a case
Chief Justice John Roberts
The Structure of the Federal The Structure of the Federal Judicial SystemJudicial System
The Supreme CourtThe Supreme Court 9 justices – 1 Chief Justice, 8 Associate 9 justices – 1 Chief Justice, 8 Associate
JusticesJustices Supreme Court decides which cases it Supreme Court decides which cases it
will hearwill hear Some original jurisdiction, but mostly Some original jurisdiction, but mostly
appellate jurisdiction.appellate jurisdiction. Two routes – State Supreme Court or Two routes – State Supreme Court or
Federal Courts --Most cases come from Federal Courts --Most cases come from the federal courtsthe federal courts
Types of OpinionsTypes of Opinions
When an opinion is written (a When an opinion is written (a decision), it often takes months and decision), it often takes months and many draftsmany drafts Majority Opinion – justices in the Majority Opinion – justices in the
majority must draft an opinion setting majority must draft an opinion setting out the reasons for their decisionout the reasons for their decision
Concurring Opinion – justices who agree Concurring Opinion – justices who agree for other reasons can give their opinionfor other reasons can give their opinion
Dissenting Opinion – justices who Dissenting Opinion – justices who disagree with the opinion write their disagree with the opinion write their sideside
Figure 16.5
The Courts as PolicymakersThe Courts as Policymakers Making DecisionsMaking Decisions
Oral arguments may be made in a case.Oral arguments may be made in a case. Justices discuss the case.Justices discuss the case. One justice will write the majority opinion One justice will write the majority opinion
(statement of legal reasoning behind a judicial (statement of legal reasoning behind a judicial decision) on the case.decision) on the case.
Oral arguments –Oral arguments –http://www.oyez.org/cases/2000-2009/2006/2006_06_278/argument
The Courts as PolicymakersThe Courts as Policymakers
Making Decisions, continuedMaking Decisions, continued Stare decisisStare decisis: to let the previous : to let the previous
decision stand unchanged.decision stand unchanged. Precedents: How similar past cases Precedents: How similar past cases
were decided.were decided. Original Intent: The idea that the Original Intent: The idea that the
Constitution should be viewed Constitution should be viewed according to the original intent of the according to the original intent of the framersframers
The Courts and the Policy The Courts and the Policy AgendaAgenda
A Historical ReviewA Historical Review John Marshall and the Growth of Judicial ReviewJohn Marshall and the Growth of Judicial Review
Marbury v. MadisonMarbury v. Madison Judicial review: courts determine constitutionality of Judicial review: courts determine constitutionality of
acts of Congressacts of Congress The Warren Court, The Burger Court – civil The Warren Court, The Burger Court – civil
rights & civil libertiesrights & civil liberties The Rehnquist Court – conservative; state The Rehnquist Court – conservative; state
authority; new federalismauthority; new federalism
ImplementationImplementation
““John Marshall has rendered his John Marshall has rendered his decision; now let him enforce it!” – decision; now let him enforce it!” – Andrew JacksonAndrew Jackson
““All deliberate speed” – Chief Earl All deliberate speed” – Chief Earl WarrenWarren 10 years after Brown only 1% of 10 years after Brown only 1% of
Southern schools were desegregatedSouthern schools were desegregated Court must rely on branches, states, Court must rely on branches, states,
and officials to enforce its rulingand officials to enforce its ruling
Public Influence on JusticesPublic Influence on Justices
Justices are NOT elected, appointed by PrezJustices are NOT elected, appointed by Prez However, not entirely immune to public However, not entirely immune to public
opinionopinion
1.1. Appointed by Prez, agree with his Appointed by Prez, agree with his ideologies, Prez was electedideologies, Prez was elected
2.2. Justices are aware of public opinion, and Justices are aware of public opinion, and are aware that decisions that are radically are aware that decisions that are radically against public opinion will not be against public opinion will not be implementedimplemented
AppointmentAppointment
President appoints judges for ALL President appoints judges for ALL federal court vacanciesfederal court vacancies
Senate must confirm all nominations Senate must confirm all nominations by majority vote (Advice and by majority vote (Advice and consent)consent)
Senatorial courtesySenatorial courtesy – tradition – tradition started by G.Washington to seek started by G.Washington to seek approval from local senators over approval from local senators over locally appointed judges -- Federal locally appointed judges -- Federal District & Circuit Courts only, not SCDistrict & Circuit Courts only, not SC
Checks on the Supreme CourtChecks on the Supreme Court President appoints all justicesPresident appoints all justices Public opinionPublic opinion Congress must confirm appointmentsCongress must confirm appointments Congress may alter the structure of the Congress may alter the structure of the
court system (# of courts and justices)court system (# of courts and justices) Congress has the power to impeach Congress has the power to impeach
judgesjudges Congress may amend the Constitution Congress may amend the Constitution
if the Courts find a law unconstitutionalif the Courts find a law unconstitutional Ex. Income tax originally found Ex. Income tax originally found
unconstitutional so Congress added 16unconstitutional so Congress added 16thth amendmentamendment
Judicial and Political PhilosophyJudicial and Political Philosophy
Liberal
Leans to the left on public policy and would vote Democrat
Conservative
Leans to the right on public policy and would vote Republican
Judicial Activism (Miranda v. Arizona)
Judges should interpret law loosely, using their power to promote their preferred political and social goals. Judges are said to be activists when they are likely to interject their own values in court decision; loose constructionism
Judicial Restraint (Schenck v. U.S.)
Legislators, not judges, should make the laws. Judges are said to exercise judicial restraint when they rule closely to statutes and previous cases when reaching their decisions. They follow the “original intent” of the framers; strict constructionism
Freedom Order
Equality
Freedom