GOV 141 Federal Courts

8/14/2019 GOV 141 Federal Courts

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GOV 141: Federal CourtsGOV 141: Federal Courts


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Marbury v. MadisonMarbury v. Madison

William Marbury sues James Madison,William Marbury sues James Madison,Sec. of State, to enforce appmt.Sec. of State, to enforce appmt.Enter new Chief Justice of the U.S.Enter new Chief Justice of the U.S.Supreme Court, John Marshall.Supreme Court, John Marshall.Marshall feared Jefferson would notMarshall feared Jefferson would notenforce a decision that ran againstenforce a decision that ran against

TJ. TJ.Marbury had asked the court to orderMarbury had asked the court to order

TJ to seat Mabury. Said Congress TJ to seat Mabury. Said Congressgave them authority to do so.gave them authority to do so.


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The crux of the case: The crux of the case:Could Congress give the Supreme CourtCould Congress give the Supreme Court

jurisdiction over cases beyond that jurisdiction over cases beyond thatgiven by the original constitution?given by the original constitution?


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Holding of the Case:Holding of the Case:Part of Judiciary Act of 1789Part of Judiciary Act of 1789unconstitutional to the extent it purportsunconstitutional to the extent it purportsto enlarge the original jurisdiction of theto enlarge the original jurisdiction of theSupreme Court beyond that permittedSupreme Court beyond that permittedby the Constitution. Congress cannotby the Constitution. Congress cannotpass laws that are contrary to thepass laws that are contrary to theConstitution, and it is the role of theConstitution, and it is the role of theFederal courts to interpret what theFederal courts to interpret what theConstitution permitsConstitution permits


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Bottom Line: Established that theBottom Line: Established that theCourt had Judicial Review overCourt had Judicial Review overfederal statutes and the final say sofederal statutes and the final say soon what the constitution says/doesnton what the constitution says/doesntsay and allows/doesnt allow.say and allows/doesnt allow.


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Article III, Section 1Article III, Section 1

The judicial Power of the United States The judicial Power of the United Statesshall be vested in one supreme Courtshall be vested in one supreme Courtand in such inferior Courts as the Congressand in such inferior Courts as the Congress

may from time to time ordain andmay from time to time ordain andestablish.establish. The Judges of the supreme and inferior The Judges of the supreme and inferiorCourts, shall hold their Offices during goodCourts, shall hold their Offices during good

Behaviour, and shall, at stated Times,Behaviour, and shall, at stated Times,receive for their Services a Compensation,receive for their Services a Compensation,which shall not be diminished during theirwhich shall not be diminished during theirContinuance in Office.Continuance in Office.


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Article III, Section IIArticle III, Section II The judicial Power shall extend to all Cases, in The judicial Power shall extend to all Cases, inLaw and Equity, arising under this Constitution,Law and Equity, arising under this Constitution,the Laws of the United States, and Treaties made,the Laws of the United States, and Treaties made,or which shall be made, under their Authority;--toor which shall be made, under their Authority;--to

all Cases affecting Ambassadors, other publicall Cases affecting Ambassadors, other publicMinisters and Consuls;--to all Cases of admiraltyMinisters and Consuls;--to all Cases of admiraltyand maritime Jurisdiction;--to Controversies toand maritime Jurisdiction;--to Controversies towhich the United States shall be a Party;--towhich the United States shall be a Party;--toControversies between two or more States;--Controversies between two or more States;--

between a State and Citizens of another Statebetween a State and Citizens of another State ;--;--between Citizens of different States;--betweenbetween Citizens of different States;--betweenCitizens of the same State claiming Lands underCitizens of the same State claiming Lands underGrants of different States, and between a State,Grants of different States, and between a State,or the Citizens thereof, and foreign States,or the Citizens thereof, and foreign States,Citizens or Subjects.Citizens or Subjects.
http://www.archives.gov/national-archives-experience/charters/constitution_amendments_11-27.html#Judicial%20Reviewhttp://www.archives.gov/national-archives-experience/charters/constitution_amendments_11-27.html#Judicial%20Reviewhttp://www.archives.gov/national-archives-experience/charters/constitution_amendments_11-27.html#Judicial%20Review


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Article III, Section II (continued)Article III, Section II (continued)In all Cases affecting Ambassadors, other publicIn all Cases affecting Ambassadors, other publicMinisters and Consuls, and those in which a StateMinisters and Consuls, and those in which a Stateshall be Party, the supreme Court shall haveshall be Party, the supreme Court shall haveoriginal Jurisdiction. In all the other Cases beforeoriginal Jurisdiction. In all the other Cases before

mentioned, the supreme Court shall havementioned, the supreme Court shall haveappellate Jurisdiction, both as to Law and Fact,appellate Jurisdiction, both as to Law and Fact,with such Exceptions, and under such Regulationswith such Exceptions, and under such Regulationsas the Congress shall make.as the Congress shall make.

The Trial of all Crimes, except in Cases of The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such TrialImpeachment, shall be by Jury; and such Trialshall be held in the State where the said Crimesshall be held in the State where the said Crimesshall have been committed; but when notshall have been committed; but when notcommitted within any State, the Trial shall be atcommitted within any State, the Trial shall be atsuch Place or Places as the Congress may by Lawsuch Place or Places as the Congress may by Lawhave directed.have directed.


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Article III, Section IIIArticle III, Section III

Treason against the United States, shall Treason against the United States, shallconsist only in levying War against them,consist only in levying War against them,or in adhering to their Enemies, givingor in adhering to their Enemies, givingthem Aid and Comfort. No Person shall bethem Aid and Comfort. No Person shall beconvicted of Treason unless on theconvicted of Treason unless on the

Testimony of two Witnesses to the same Testimony of two Witnesses to the sameovert Act, or on Confession in open Court.overt Act, or on Confession in open Court.

The Congress shall have Power to declare The Congress shall have Power to declarethe Punishment of Treason, but nothe Punishment of Treason, but noAttainder of Treason shall work CorruptionAttainder of Treason shall work Corruptionof Blood, or Forfeiture except during theof Blood, or Forfeiture except during theLife of the Person attainted.Life of the Person attainted.


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Judicial ReviewJudicial Review

The power of the Supreme Court to The power of the Supreme Court todeclare actions of other branchesdeclare actions of other branchesand levels of governmentand levels of governmentunconstitutional that is contrary tounconstitutional that is contrary tothe U.S. constitution.the U.S. constitution.


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Original JurisdictionOriginal Jurisdiction

Power of a court to take the firstPower of a court to take the firstcrack at a case to be the first tocrack at a case to be the first tohear a particular type of case.hear a particular type of case.


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Judicial Review and DemocracyJudicial Review and Democracy

Who does it benefit?Who does it benefit?


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Judicial ReviewJudicial Review

Protects minoritiesProtects minoritiesEnsures powerful governments cantEnsures powerful governments cantroll over people.roll over people.A very republican institutionA very republican institution


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Constitutional CourtsConstitutional Courts

Article III CourtsArticle III Courts


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Legislative CourtsLegislative Courts

Highly specialized courts createdHighly specialized courts createdpursuant to Article I of thepursuant to Article I of theConstitution.Constitution.


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Article I tribunalsArticle I tribunals

Administrative law courtsAdministrative law courts Boards of Contract AppealsBoards of Contract Appeals Board of Patent Appeals and InterferencesBoard of Patent Appeals and Interferences Courts-martialCourts-martial in thein the U.S. armed forcesU.S. armed forces

Trademark Trial and Appeal Board Trademark Trial and Appeal Board United States bankruptcy courtsUnited States bankruptcy courts

United States Court of Appeals for the Armed ForcesUnited States Court of Appeals for the Armed Forces United States Court of Appeals for Veterans ClaimsUnited States Court of Appeals for Veterans Claims United States Court of Federal ClaimsUnited States Court of Federal Claims United States Merit Systems Protection BoardUnited States Merit Systems Protection Board United States Tax CourtUnited States Tax Court United States territorial courtsUnited States territorial courts Supreme Court of the United StatesSupreme Court of the United States United States Court of International TradeUnited States Court of International Trade United States courts of appealsUnited States courts of appeals United States district courtsUnited States district courts United States Foreign Intelligence Surveillance CourtUnited States Foreign Intelligence Surveillance Court (( FISAFISA court) court)United States Foreign Intelligence Surveillance Court of ReviewUnited States Foreign Intelligence Surveillance Court of Review
http://en.wikipedia.org/wiki/Administrative_law_judgehttp://en.wikipedia.org/wiki/Administrative_law_judgehttp://en.wikipedia.org/wiki/Boards_of_Contract_Appealshttp://en.wikipedia.org/wiki/Boards_of_Contract_Appealshttp://en.wikipedia.org/wiki/Board_of_Patent_Appeals_and_Interferenceshttp://en.wikipedia.org/wiki/Board_of_Patent_Appeals_and_Interferenceshttp://en.wikipedia.org/wiki/Courts-martial_in_the_United_Stateshttp://en.wikipedia.org/wiki/Courts-martial_in_the_United_Stateshttp://en.wikipedia.org/wiki/Military_of_the_United_Stateshttp://en.wikipedia.org/wiki/Military_of_the_United_Stateshttp://en.wikipedia.org/wiki/Trademark_Trial_and_Appeal_Boardhttp://en.wikipedia.org/wiki/Trademark_Trial_and_Appeal_Boardhttp://en.wikipedia.org/wiki/United_States_bankruptcy_courthttp://en.wikipedia.org/wiki/United_States_bankruptcy_courthttp://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Armed_Forceshttp://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Armed_Forceshttp://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_Veterans_Claimshttp://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_Veterans_Claimshttp://en.wikipedia.org/wiki/United_States_Court_of_Federal_Claimshttp://en.wikipedia.org/wiki/United_States_Court_of_Federal_Claimshttp://en.wikipedia.org/wiki/United_States_Merit_Systems_Protection_Boardhttp://en.wikipedia.org/wiki/United_States_Merit_Systems_Protection_Boardhttp://en.wikipedia.org/wiki/United_States_Tax_Courthttp://en.wikipedia.org/wiki/United_States_Tax_Courthttp://en.wikipedia.org/wiki/United_States_territorial_courthttp://en.wikipedia.org/wiki/United_States_territorial_courthttp://en.wikipedia.org/wiki/Supreme_Court_of_the_United_Stateshttp://en.wikipedia.org/wiki/Supreme_Court_of_the_United_Stateshttp://en.wikipedia.org/wiki/United_States_Court_of_International_Tradehttp://en.wikipedia.org/wiki/United_States_Court_of_International_Tradehttp://en.wikipedia.org/wiki/United_States_court_of_appealshttp://en.wikipedia.org/wiki/United_States_court_of_appealshttp://en.wikipedia.org/wiki/United_States_district_courthttp://en.wikipedia.org/wiki/United_States_district_courthttp://en.wikipedia.org/wiki/United_States_Foreign_Intelligence_Surveillance_Courthttp://en.wikipedia.org/wiki/United_States_Foreign_Intelligence_Surveillance_Courthttp://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Acthttp://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Acthttp://en.wikipedia.org/wiki/United_States_Foreign_Intelligence_Surveillance_Court_of_Reviewhttp://en.wikipedia.org/wiki/United_States_Foreign_Intelligence_Surveillance_Court_of_Reviewhttp://en.wikipedia.org/wiki/United_States_Foreign_Intelligence_Surveillance_Court_of_Reviewhttp://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Acthttp://en.wikipedia.org/wiki/United_States_Foreign_Intelligence_Surveillance_Courthttp://en.wikipedia.org/wiki/United_States_district_courthttp://en.wikipedia.org/wiki/United_States_court_of_appealshttp://en.wikipedia.org/wiki/United_States_Court_of_International_Tradehttp://en.wikipedia.org/wiki/Supreme_Court_of_the_United_Stateshttp://en.wikipedia.org/wiki/United_States_territorial_courthttp://en.wikipedia.org/wiki/United_States_Tax_Courthttp://en.wikipedia.org/wiki/United_States_Merit_Systems_Protection_Boardhttp://en.wikipedia.org/wiki/United_States_Court_of_Federal_Claimshttp://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_Veterans_Claimshttp://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Armed_Forceshttp://en.wikipedia.org/wiki/United_States_bankruptcy_courthttp://en.wikipedia.org/wiki/Trademark_Trial_and_Appeal_Boardhttp://en.wikipedia.org/wiki/Military_of_the_United_Stateshttp://en.wikipedia.org/wiki/Courts-martial_in_the_United_Stateshttp://en.wikipedia.org/wiki/Board_of_Patent_Appeals_and_Interferenceshttp://en.wikipedia.org/wiki/Boards_of_Contract_Appealshttp://en.wikipedia.org/wiki/Administrative_law_judge


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U.S. District CourtsU.S. District Courts

94 in America94 in AmericaCourt of original jurisdiction for mostCourt of original jurisdiction for mostfederal controversiesfederal controversiesGrand Juries: IndictGrand Juries: IndictPetit or trial juries: hear the casesPetit or trial juries: hear the casesCan only hear cases where party hasCan only hear cases where party hasstanding and there must be actualstanding and there must be actualcontroversy.controversy.Courts render verdictsCourts render verdicts


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PrecedentPrecedent

A previous case whose legal issuesA previous case whose legal issueswere similar to the one/ones at hand.were similar to the one/ones at hand.Such cases verdicts/opinions areSuch cases verdicts/opinions are

intended to be instructive to theintended to be instructive to thecourts. While the Court doesnt havecourts. While the Court doesnt haveto follow every precedent most areto follow every precedent most are

considered important.considered important.


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Supreme CourtSupreme Court

Usually the appellate court of finalUsually the appellate court of final jurisdiction. jurisdiction.See graphic on page 427.See graphic on page 427.


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Stare DecisisStare Decisis

Phonetically:Phonetically: stair stair -ee di--ee di- sahy sahy -sis-sis Legal doctrine that holds precedentsLegal doctrine that holds precedentsshould guide judicial decisionshould guide judicial decisionmaking.making.


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Why Stare DecisisWhy Stare Decisis

Used in Common Law systems rather thanUsed in Common Law systems rather thanCivil Law systemsCivil Law systemsDecision made by a higher court is bindingDecision made by a higher court is binding

precedent (also known as mandatoryprecedent (also known as mandatoryauthority) which a lower court cannotauthority) which a lower court cannotoverturnoverturnCourt should not overturn its ownCourt should not overturn its own

precedents unless there is a strong reasonprecedents unless there is a strong reasonto do so and should be guided byto do so and should be guided byprinciples from lateral and lower courts.principles from lateral and lower courts.

This is an advisory principle which courts This is an advisory principle which courtscan and do occasionally ignorecan and do occasionally ignore


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Appointment to the Federal BenchAppointment to the Federal Bench

District, Circuit, and Supreme CourtDistrict, Circuit, and Supreme Courtappointments require confirmation by U.S.appointments require confirmation by U.S.Senate.Senate.Lower courts are not AS political and areLower courts are not AS political and areoften subject to the wishes of moreoften subject to the wishes of morelocalized powers such as a stateslocalized powers such as a stateshighest ranking R or D, depending onhighest ranking R or D, depending onwhos President.whos President.

Senatorial Courtesy: Tradition whereSenatorial Courtesy: Tradition wherestates Sr. Senator clears federalstates Sr. Senator clears federalappointments within their state.appointments within their state.In Appeals court judgeships tend to beIn Appeals court judgeships tend to bepartitioned out to various states.partitioned out to various states.


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Fillibustering Judicial NomineesFillibustering Judicial Nominees

Increasingly common.Increasingly common.Reflects increased politicization of Reflects increased politicization of courts.courts.


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Supreme Court in ActionSupreme Court in Action

Plaintiff or DefendantPlaintiff or DefendantAppellant or Appellee/RespondentAppellant or Appellee/Respondent

Writ of Cert: Announcement that theWrit of Cert: Announcement that theSupremes will hear lower courtSupremes will hear lower courtcase requires four of nine justices.case requires four of nine justices.

Amicus Curiae: Friends of the courtAmicus Curiae: Friends of the courtbriefs non-partys file.briefs non-partys file.


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Supreme Court in ActionSupreme Court in Action

Majority Opinions: State the opinionMajority Opinions: State the opinionof the majority.of the majority.Concurring Opinions: The opinion of Concurring Opinions: The opinion of one or more judges who agree butone or more judges who agree butfor a reason different than thefor a reason different than themajority.majority.

Dissenting Opinion: The opinion of Dissenting Opinion: The opinion of the judge or judges who disagreethe judge or judges who disagreewith the outcome and the legalwith the outcome and the legalreasoning of the majority.reasoning of the majority.


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GOV 141: The Federal JudiciaryGOV 141: The Federal Judiciary


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What Role Should Courts Serve?What Role Should Courts Serve?

Activist Courts- Often derogatoryActivist Courts- Often derogatoryterm; used to describe courts thatterm; used to describe courts thatare more willing to find neware more willing to find newconstitutional rights thanconstitutional rights thanconservatives prefer.conservatives prefer.Courts that interpret the law, notCourts that interpret the law, notmake law- favorable distinction usedmake law- favorable distinction usedby conservatives to describe courtsby conservatives to describe courtsthey prefer to activist ones.they prefer to activist ones.


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Judicial PhilosophyJudicial Philosophy

Textualism: Interpretation of law Textualism: Interpretation of lawbased principally on text of laws.based principally on text of laws.Originalists- Interpret constitutionOriginalists- Interpret constitutionaccording to what the foundingaccording to what the foundingfathers intended.fathers intended.


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Judiciary PoliticsJudiciary Politics

Federalist SocietyFederalist SocietyAmerican Bar Association (ABA)American Bar Association (ABA)

Pro-life groupsPro-life groupsPro-choice groupsPro-choice groupsACLU (American Civil Liberties Union)ACLU (American Civil Liberties Union)


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Eras in Supreme Court HistoryEras in Supreme Court History

National Power and Property Rights:National Power and Property Rights: The initial period the Supreme Court The initial period the Supreme Courtbeginning with John Marshall.beginning with John Marshall.Marshall was a Federalist and aMarshall was a Federalist and anationalist. Believed strongly in neednationalist. Believed strongly in needfor centralized government. Alsofor centralized government. Also

believed in the (related) need forbelieved in the (related) need fornational commerce. Very protectivenational commerce. Very protectiveof property rights.of property rights.


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Individual Rights and LibertiesIndividual Rights and Liberties

Period where courts turned theirPeriod where courts turned theirfocus to the relationships betweenfocus to the relationships betweenindividual people and governments.individual people and governments.Court supported desegregation,Court supported desegregation,created a new right for women tocreated a new right for women toobtain an abortion, used the 14obtain an abortion, used the 14 thth

amendment to apply rightsamendment to apply rightsenshrined in the Bill of Rights to theenshrined in the Bill of Rights to thestates.states.


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Conservative, or Rehnquist, EraConservative, or Rehnquist, Era

Began with the appointment of Chief Began with the appointment of Chief Justice William Rehnquist. Courts Justice William Rehnquist. Courtsbegan to reign in federal governmentbegan to reign in federal governmentand recognize states rights. Stricterand recognize states rights. Stricterinterpretation of the commerceinterpretation of the commerceclause. Found increased use forclause. Found increased use for

sovereign immunity doctrines. Alsosovereign immunity doctrines. Alsothe era of Sandra Day OConnor, thethe era of Sandra Day OConnor, thecourts continual swing voter.courts continual swing voter.

Documents

GOV 141 Federal Courts