Judicial Power

American Constitutional LawJudicial Power

Slide 1May 9, 2006

Common Law Legal System

Judicial Power


Slide 2May 9, 2006

Article III

The judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.


Slide 3May 9, 2006

Judges

Art. II says President appoints judges with “advice and consent of Senate.”

Art. III says judges are appointed for life

Art. III says salary of federal judges cannot be reduced.

Although funding for the court system can.

Can only be impeached


Slide 4May 9, 2006

Qualifications and Size

The Constitution sets forth no specific requirements.

Supreme Court Size – no set number of members in Constitution.

Current law says nine.

Federal Courts – set by Congress


Slide 5May 9, 2006

What can Federal Courts Hear?

Three-Step procedure to determine jurisdiction:

nature of the dispute – subject matter jurisdiction

case or controversy

political question


Slide 6May 9, 2006

Why Have These Limitations?

Separation of Powers

Conserve Judicial Resources

Improve Judicial Decision Making


Slide 7May 9, 2006

Subject Matter Jurisdiction

Generally, cases in which federal government has an interest (federal question jurisdiction).

Constitution, laws, treaties

Ambassadors, public Ministers and Counsels

Supreme Court has original jurisdiction

admiralty and maritime

where U.S. is party

between 2 or more states

Supreme Court has original jurisdiction


Slide 8May 9, 2006

Subject Matter Jurisdiction

Federal Court also has “diversity jurisdiction” where amount at issue is over $75,000.

between citizens of different States

between citizen and foreign states.

NOTE – when subject matter jurisdiction is lacking, there still could be a state claim.


Slide 9May 9, 2006

Cases & Controversies

Must be a real and substantial controversy

Several theories, we will only discuss:

Advisory Opinions

Ripeness

Mootness

Standing


Slide 10May 9, 2006

Advisory Opinions

“real and substantial” controversy = no advisory opinions on:

statutory interpretation

constitutionality of proposed legislation

any other matter

Is this efficient?

What about Declaratory Judgments?


Slide 11May 9, 2006

Ripeness

Matters that are premature for litigation cannot be heard.

Threatened harm must be real and immediate

Basically, the type of injury that might occur but has yet to.

when can a party seek pre-enforcement review of a statute or regulation?

Generally, rarely.

The Classic Exception – Freedom of Speech


Slide 12May 9, 2006

Mootness

An actual controversy must exist at all stages of the federal court proceedings.

If events subsequent to filing resolve dispute, then case is moot.

Exception

capable of repetition, yet evading review.


Slide 13May 9, 2006

Standing

“Whether the litigant is entitled to have the court decide the merits of the dispute.”

Requirements:

Injury

Injury is traceable to D's conduct

Favorable Court decision will remedy the injury.


Slide 14May 9, 2006

Judicial Review

Art. III does NOT expressly provide for judicial review of constitutional questions.

Federal Courts are courts of limited jurisdiction:

Constitution lists subject areas – subject matter jurisdiction.

Federal Courts may hear matters only when there is BOTH constitutional and statutory authorization

The scope of the Court's power to review constitutional question remains contentious even today.


Slide 15May 9, 2006

Marbury v. Madison

Chief Justice John Marshall

Is Marbury entitled to his commission?

Does Sec 13 of the Judiciary Act authorize the Court to issue a writ of mandamus?

Is Section 13 constitutional?

If Section 13 is unconstitutional, does the Supreme Court have the power to declare it void?


Slide 16May 9, 2006

Impact of Marbury

Holding – section of Judiciary Act giving court original jurisdiction to hear mandamus suits violated Constitution which specifically set forth issues on which Court has original jurisdiction.

Impact – Court answered the question “who has the power to determine constitutionality of federal laws and Executive actions”.

Court said that it (the Court) did!

This case is arguably the most important case in U.S. history.


Slide 17May 9, 2006

Questions to Consider

Is judicial review a good idea? Should nine unelected judges be able to tell our elected representatives what they can and cannot do?

Does Marbury mean that legislators or members of the executive branch have no responsibility to judge the constitutionality of their own actions?

Could the U.S. have a workable system of government without judicial review?


Slide 18May 9, 2006

Martin v. Hunter's Lessee

Why did the Virginia Supreme Court refuse to acknowledge the U.S. Supreme Court's ruling giving Martin the land in question?

What is the issue in this case? What is the Court being asked to determine?

What powers did the Court say Article III gave the U.S. Supreme Court?

Why does the Court believe that uniformity of state decisions interpreting the Constitution is important?


Slide 19May 9, 2006

What About State Actions

Can U.S. Supreme Court review and set aside state court decisions? Martin v. Hunter's Lessee (1816)

Can U.S. Supreme Court review whether U.S. Constitutional rights of Defendant convicted in state were violated? Cohens v. Virginia (1821)

Can the U.S. Supreme review constitutionality of state laws and actions of state officials? Cooper v. Aaron (1958)


Slide 20May 9, 2006

Federalism

Does Supreme Court review of state actions undermine state sovereignty?

Is it necessary to insure Federal supremacy?

If state court interpretation of federal law (within each state) was supreme, how effective would the constitution be?


Slide 21May 9, 2006

What Are We Left With?

Dual Courts – Dual Sovereignty

Each is sovereign within its own sphere

Federal Courts are supreme on federal matters

State Courts are supreme on state matters.

Can State Courts hear federal claims?

Which “Rule of Decision” should state courts use?


Slide 22May 9, 2006

State Governments

Each State has it's own Constitution and own court system.

Remember, Constitutions create government structure AND grant individual rights.

Federal Constitution creates floor for individual rights.

States can grant additional, more rights

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Judicial Power