The Federal Judicial System:

Applying the Law

Chapter 14

Federal Judicial System

Constitution provides for Supreme Court but

give Congress power to create lower courts

Appointed by President, confirmed by Senate

No constitutional requirements

Hold office during good behavior

Impeachment

Federalist #78

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The Supreme Court of the United States

Original and appellate jurisdiction

Most cases heard under appellate jurisdiction

Judicial review (Marbury v. Madison)

Establish precedents

Rule of four

Writ of certiorari

Solicitor general

Cases must follow certain criteria

Deciding cases – 30 minutes per side, briefs, and judicial conferences

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Issuing decisions and opinions

majority

plurality

concurring

Dissenting

When part of the majority, the chief justice decides

which justice will write the majority opinion

The justice that writes the majority opinion has to

explain the reasoning of the court

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The Federal Judicial System

Figure 14-2

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Federal Judicial System

Other federal courts

U.S. district courts – trial courts that hear civil and criminal federal

cases

U.S. courts of appeals – no juries, no new evidence

Special U.S. courts

The state courts

Political appointed jurists

Elected jurists

Merit plan jurists – also known as the Missouri Plan

Most cases are heard first in state courts

Defendants can see a writ of habeas corpus from a federal court

State issues can become federal issues

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Federal Court Appointees

Selecting Supreme Court Justices and federal

judges

Supreme Court nominees – extensive interview

process

Senate Judiciary Committee recommends their vote to

the full Senate

Most are confirmed – Robert Bork

Lower-court nominees – senatorial courtesy

Average 100 judges during a four year term

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Federal Court Appointees

Justices and judges as political officials

Role of partisanship – 90%

Other characteristics of judicial appointees

Appellate court judgeship

White males

Less demographically represenative

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The Nature of

Judicial Decision Making Case must be presented

Court ruling is binding only to the parties involved

Judges must justify their decisions

The Constraints of the law

Civil

Criminal

procedural

The vast majority of cases involve statutory and administrative law

Legal precedents and interpretation

Stare decisis

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Political Influences on

Judicial Decisions

Constitution is vague, legislation is sometimes

vague so the courts must decide what the

language means

Outside influences on court decisions

Public opinion (Brown v. BOE)

Interest groups – filing an amicus curiae

Congress

President

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Inside influences: the Justices’ own political

beliefs – split along party lines

Justice Kennedy breaking the tie

Bush v. Gore

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Judicial Power and

Democratic Government

Limits of judicial power – should it be legislative?

Sometimes accused of making the law

Constitution is silent on how it should be interpreted

Debating the judiciary’s proper role

Doctrine of judicial restraint

Compliance

Doctrine of judicial activism

Original theory vs. living constitution theory

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