AmericanAmericanGovernmentGovernment

Chapter 14Chapter 14The Judiciary The Judiciary

The Federal Courts: The Federal Courts: Least Dangerous Branch or Imperial Least Dangerous Branch or Imperial Judiciary? Judiciary?

Core of the AnalysisCore of the Analysis The Supreme Court's power The Supreme Court's power

of judicial review makes it a lawmaking body.of judicial review makes it a lawmaking body. Judges have political goals and policy preferences.Judges have political goals and policy preferences. The three dominant influences shaping Supreme The three dominant influences shaping Supreme

Court decisions are the philosophies and attitudes Court decisions are the philosophies and attitudes of the members of the Court, the solicitor general's of the members of the Court, the solicitor general's control over cases involving the government, and control over cases involving the government, and the pattern of cases that come before the Court.the pattern of cases that come before the Court.

The role and power of the federal courts, The role and power of the federal courts, particularly the Supreme Court, have been particularly the Supreme Court, have been significantly strengthened and expanded significantly strengthened and expanded in the last fifty years.in the last fifty years.

Dispute ResolutionDispute Resolution The United States is a litigious society, with 25 The United States is a litigious society, with 25

million cases per year (one for every nine citizens.)million cases per year (one for every nine citizens.) U.S. citizens are ready to use courts U.S. citizens are ready to use courts

for all purposes.for all purposes. Court is a forum for social conflict in which a case's Court is a forum for social conflict in which a case's

facts are established, punishment is handed out to facts are established, punishment is handed out to violators, and compensation is awarded to victims.violators, and compensation is awarded to victims.

Court is an institution that engages in fact-finding Court is an institution that engages in fact-finding and judgment.and judgment.

Courts interpret rules (statutes or judicial principles) Courts interpret rules (statutes or judicial principles) to dispose of cases.to dispose of cases.

table 8.1table 8.1

Adversarial ProcessAdversarial Process

Accused party is innocent until proven Accused party is innocent until proven guiltyguilty

Accused has right to trial by jury of peers Accused has right to trial by jury of peers Juries bring community values to bear in a Juries bring community values to bear in a

trial.trial.

From the Least Dangerous From the Least Dangerous Branch Branch

to the Imperial Judiciary?to the Imperial Judiciary? Courts influence our decisions Courts influence our decisions

and actions on a daily basisand actions on a daily basis The Constitution guarantees the following: The Constitution guarantees the following:

The right to burn the flag (freedom of speech)The right to burn the flag (freedom of speech) The right to sacrifice animals The right to sacrifice animals

during a religious ritual (freedom of religion)during a religious ritual (freedom of religion) Minorities cannot be excluded from society (equal Minorities cannot be excluded from society (equal

protection)protection) Women have a right to an abortion Women have a right to an abortion

(right to privacy)(right to privacy)

Constitutional Basis of JudiciaryConstitutional Basis of Judiciary Article III, Section 1: Judicial power shall be vested Article III, Section 1: Judicial power shall be vested

in one Supreme Court, and inferior courts that in one Supreme Court, and inferior courts that Congress may ordainCongress may ordain Judges shall hold their offices during good behavior (for Judges shall hold their offices during good behavior (for

life)life) Section 2: Jurisdiction: power shall extend to all Section 2: Jurisdiction: power shall extend to all

cases arising under the Constitution, laws of the cases arising under the Constitution, laws of the United States, treaties madeUnited States, treaties made Original jurisdiction: cases involving states, ambassadorsOriginal jurisdiction: cases involving states, ambassadors

Trial by juryTrial by jury Section 3: Treason, Proof, and PunishmentSection 3: Treason, Proof, and Punishment

Conviction on treason requires two witnessesConviction on treason requires two witnesses

Judicial ProcessJudicial Process Common Law Common Law Civil law: "private law" involves disputes Civil law: "private law" involves disputes

between citizens or between government between citizens or between government and a citizen where no crime is allegedand a citizen where no crime is alleged

Criminal law: arises out of actions Criminal law: arises out of actions that violate laws protecting health, safety, and that violate laws protecting health, safety, and morals of the community. (mostly in state courts) morals of the community. (mostly in state courts)

Public law Public law Constitutional law Constitutional law Administrative law: disputes over statutory Administrative law: disputes over statutory

authority, jurisdiction, or procedures of authority, jurisdiction, or procedures of administrative agencies. administrative agencies.

Original JurisdictionOriginal Jurisdiction

Courts are responsible for discovering the facts Courts are responsible for discovering the facts in a controversy in order to create a record upon in a controversy in order to create a record upon which a judgment is based.which a judgment is based.

Federal JurisdictionFederal Jurisdiction Fraction of total cases tried Fraction of total cases tried

(266,000 out of 25 million)(266,000 out of 25 million) Lower Federal CourtsLower Federal Courts Trial courts of general jurisdictionTrial courts of general jurisdiction Grand jury Grand jury Federal agencies are equivalent Federal agencies are equivalent

to lower federal courts. to lower federal courts.

Appellate CourtsAppellate Courts

10 percent of federal cases10 percent of federal cases Consist of more than one judge (usually Consist of more than one judge (usually

three)three) Only rule on matters of procedure, Only rule on matters of procedure,

no new evidence may be presentedno new evidence may be presented No cases can originate in Appeals CourtNo cases can originate in Appeals Court

Supreme CourtSupreme Court Highest court in the landHighest court in the land Judicial review is the power and obligation Judicial review is the power and obligation

to review any lower court decision to review any lower court decision where public law is involved.where public law is involved. Established by Established by Marbury v. MadisonMarbury v. Madison (1803) (1803) Chief Justice John Marshall established and championed Chief Justice John Marshall established and championed

this Court power.this Court power. Supremacy Clause: federal decisions Supremacy Clause: federal decisions

are superior to the statesare superior to the states Writ of Writ of certioraricertiorari: grants cases : grants cases

to be heard at the Supreme Court to be heard at the Supreme Court Four justices are required for a writ to be grantedFour justices are required for a writ to be granted

figure 8.1figure 8.1

Character of the Supreme Character of the Supreme CourtCourt

The Nine Justices The Nine Justices Chief Justice William Rehnquist (Nixon/Reagan)Chief Justice William Rehnquist (Nixon/Reagan) Stephen G. Breyer (Clinton)Stephen G. Breyer (Clinton) Ruth Bader Ginsburg (Clinton)Ruth Bader Ginsburg (Clinton) Anthony Kennedy (Reagan)Anthony Kennedy (Reagan) Sandra Day O'Connor (Reagan)Sandra Day O'Connor (Reagan) Anonin Scalia (Reagan)Anonin Scalia (Reagan) David Souter (George H. Bush)David Souter (George H. Bush) Clarence Thomas (George H. Bush)Clarence Thomas (George H. Bush) John Paul Stevens (Ford)John Paul Stevens (Ford)

table 8.2table 8.2

AppointeesAppointees

Appointed by the president Appointed by the president Generally prominent or politically Generally prominent or politically

active members of the legal professionactive members of the legal profession Usually suggested by a Senator Usually suggested by a Senator

from a state with vacant seats- Senatorial from a state with vacant seats- Senatorial CourtesyCourtesy

Ideological views are similar Ideological views are similar to the president's viewsto the president's views

Influences on Decisions Influences on Decisions

Members themselves Members themselves Politics of the day reflect decisions made Politics of the day reflect decisions made

(same Constitution)(same Constitution) Original intent Original intent FactsFacts Judicial activism: Court goes beyond the Judicial activism: Court goes beyond the

Constitution to consider broader societal Constitution to consider broader societal implications of the caseimplications of the case

Judicial restraint: strictly interprets Judicial restraint: strictly interprets the case according to the Constitutionthe case according to the Constitution

A case must have standing to be considered.A case must have standing to be considered.

Judges are Legal Judges are Legal ProfessionalsProfessionals

They draw fixed salaries and benefits They draw fixed salaries and benefits that are independent of effort, quality of work, that are independent of effort, quality of work, or performance.or performance.

Judges undergo a thorough screening process Judges undergo a thorough screening process by the political authorities that nominate and by the political authorities that nominate and confirm them.confirm them.

Opportunity for advancement is limited, Opportunity for advancement is limited, but judges invest in their jobs by their desire but judges invest in their jobs by their desire for popularity, prestige, and reputation.for popularity, prestige, and reputation.

Courts as Coordination Courts as Coordination MechanismsMechanisms

Courts serve as coordination mechanisms Courts serve as coordination mechanisms to prevent legal disputes before they begin.to prevent legal disputes before they begin.

Given previous court decisions, private parties Given previous court decisions, private parties can anticipate rulings and coordinate their can anticipate rulings and coordinate their actions in advance of possible disputes.actions in advance of possible disputes.

Example: A prospective embezzler may think Example: A prospective embezzler may think twice before committing a crime if he twice before committing a crime if he understands the court’s response.understands the court’s response.

The courts provide incentives and disincentives The courts provide incentives and disincentives for specific actions.for specific actions.

Rule Interpretation Rule Interpretation Rule interpretation is the single most Rule interpretation is the single most important thing the courts do important thing the courts do Judges engage in interpretative activity Judges engage in interpretative activity

by determining what statutes or judicial by determining what statutes or judicial principles meanprinciples mean

Interpretation is required because laws are not Interpretation is required because laws are not always clear or easily applied to all situations.always clear or easily applied to all situations.

Courts also interpret the Constitution Courts also interpret the Constitution to determine the laws’ scope and contentto determine the laws’ scope and content

Because of this interpretative activity, Because of this interpretative activity, the courts engage in the courts engage in de factode facto lawmaking. lawmaking.

Supreme Court ProceduresSupreme Court Procedures Preparation: briefs are filed Preparation: briefs are filed

by both sides and interested parties (amici curiae - by both sides and interested parties (amici curiae - friends of the court)friends of the court)

Oral argument: each side presents Oral argument: each side presents its case in just thirty minutesits case in just thirty minutes

Conference: justices discuss case and decideConference: justices discuss case and decide Opinion writing: assigned by chief justice, Opinion writing: assigned by chief justice,

opinion sets precedent for future casesopinion sets precedent for future cases Dissent: expresses irritation and disagreement Dissent: expresses irritation and disagreement

with an outcomewith an outcome Concurrent opinion- agree with decision but for Concurrent opinion- agree with decision but for

different reasonsdifferent reasons

Justice Department (Solicitor Justice Department (Solicitor General): Third-Ranking Person in General): Third-Ranking Person in

the Justice Departmentthe Justice Department Top government lawyer in almost Top government lawyer in almost

all cases before the appellate courts all cases before the appellate courts Screens cases before Screens cases before

they approach Supreme Courtthey approach Supreme Court Decides which cases the government should ask Decides which cases the government should ask

the Supreme Court to review and what position the Supreme Court to review and what position the government should take before the Supreme the government should take before the Supreme CourtCourt

Can submit Can submit amicus curiaeamicus curiae: friend of the court : friend of the court brief; offers an opinion to the Supreme Courtbrief; offers an opinion to the Supreme Court

Limitations on the CourtsLimitations on the Courts

Courts were constrained by judicial rules Courts were constrained by judicial rules of standing to limit access to the bench.of standing to limit access to the bench.

Courts were limited in type of relief Courts were limited in type of relief they could provide (only to individuals).they could provide (only to individuals).

Courts lacked enforcement powers of their own Courts lacked enforcement powers of their own and relied on executive branch to ensure and relied on executive branch to ensure compliance.compliance.

Federal judges are appointed by the president Federal judges are appointed by the president Congress has the power to change size Congress has the power to change size

and jurisdiction of the courts and jurisdiction of the courts

Judicial RevolutionsJudicial Revolutions

Substantive in judicial policySubstantive in judicial policy Court was at forefront of sweeping Court was at forefront of sweeping

changes changes in societyin society

Desegregation, rights of accused, Desegregation, rights of accused, reapportionmentreapportionment

Changes in judicial procedures Changes in judicial procedures