The JudiciaryJudicial Branch

National Judicial Supremacy

• Judicial review of other branches• Established in Marbury v. Madison 1803

• Judicial Review: the power to declare congressional and presidential acts invalid because they violate the Constitution

• Judicial review of other branches• Supremacy Clause of Constitution (Article VI) can nullify state law

• Supreme Court imposes uniformity on national law

• Components• Declare national, state, and local law invalid if violating the Constitution

• Supremacy of national laws & treaties that conflict with state & local laws

• Supreme Court is final authority on meaning of Constitution

Key Terms

• Criminal Case: court case involving a crime or violation of public order

• Civil Case: involves private dispute from matters like accidents, contractual obligations, or divorce

• Plea bargain: defendant’s admission of guilt in exchange for a less severe punishment

• Settle: Parties resolve dispute between themselves outside of court

Key Terms

• Adjudication: court judgment resolving parties’ claims & enforced by the government

• Opinion: explanation justifying a judge’s ruling• Lengthy

• Making Policy• Common Law: legal standards derived from previous judicial decisions

(precedents)

• Statutory law: laws enacted by legislatures

• Code law: unchanging (ex. Roman law)

JurisdictionFederal Courts State Courts

1. Federal crimes2. Constitutional questions3. Foreign diplomats, citizens,

or nations4. Citizen of one state suing

citizen of another5. Often related to expressed

powers of Congress, esp. commerce

6. Drug cases crossing state or national borders

1. Violations of state law2. Law suits involving citizens of

same state3. Drug laws, marriage, divorce,

burglary, murder, etc.

Organization of Courts

• US District Courts: lowest tier, where litigation begins

• US Circuit Courts: second tier, where decisions of district courts & federal agencies may be appealed for review

• Supreme Court

US District Courts

• 94 federal district courts

• 677 full-time judges

• 100,000 new criminal and 300,000 new civil cases each year

• Each state has at least one district

• No district straddles more than one state

• Sources of Litigation• Federal criminal cases, as defined by national law

• Civil cases alleging violation of national law

• Civil cases brought against national government

• Civil cases between citizens of different states when amount in controversy exceeds $75,000

US Court of Appeals

• 13 US courts of appeals

• 179 full-time judgeships

• 55-60,000 cases each year

• Circuit: area covered by the appeals court• 12 geographic circuits in the US

• 13th circuit deals with federal government issues

US Court of Appeals

• Appellate Court Proceedings• Public, but lack drama

• Reviews procedure & ruling of lower court – NOT evidence

• Convene in panels of 3 judges

• Receive briefs (written arguments)

• Terms• Precedent: judicial ruling serving as basis for ruling in a subsequent case

• Stare Decisis: literally “let the decision stand” (making decisions according to precedent)

Supreme Court

• Appellate litigation must satisfy two conditions:• Case has reached end of line in state courts system

• Case raises a federal question: issue with Constitution, national laws, or US treaties

• Court exercises nearly complete control over its docket (court’s agenda)• Rule of Four: at least 4 justicies agree a case warrants

consideration before it is reviews

• Writ of certiorari: order from higher to lower court demanding the record of a particular case

Supreme Court

• Solicitor General: highest ranking official of the US Department of justice, who represents the national government before the supreme court• Appointed by President

• Determines which cases government should appeal

• Decides if government should file an amicus curiae brief: a brief filed by a ‘friend of the court’ that is not a party to the case but has interest in it

• Terms• Judicial Restraint: philosophy whereby judges adhere closely to statues & precedents in reaching a

decision

• Judicial Activism: philosophy whereby judges interpret existing laws & precedents loosely and interject own values in court decisions

• Judgment: decision in a court case

• Argument: heart of a judicial opinion; logical content separated from facts, rhetoric, and procedure

• Concurrent Opinion: agrees with court’s decision for a different reason

• Dissenting Opinion: disagreement of a judge with a majority decision

The Opinion

• Chief justice of most senior justice in the majority writes or assigns it

• Court’s most critical function

• Opinion drafts are circulated & rewritten to accommodate colleagues

• Explains the ruling & serves as a precedent for lower/later courts

Recruitment

• Appointments• No formal requirements

• Federal judges hold commission for life

• President’s appointments are a kind of political legacy

• “Advice & Consent” of Senate• Senatorial Courtesy – nomination must be acceptable to the home state

senator from the president’s party

• Senate Judiciary Committee conducts hearing for each judicial nominee

• Growing proportion of nominees below the Supreme Court unconfirmed

Current Supreme Court

• Chief Justice John Roberts (59; from Buffalo; GWB)

• Antonin Scalia (78 from Trenton; began Reagan)

• Anthony Kennedy (78 from Sacramento; Reagan)

• Clarence Thomas (66 from Pin Point, GA; GHWB)

• Ruth Bade Ginsberg (81 from NYC; Clinton)

• Stephen Beyer (76 from San Francisco; Clinton)

• Samuel Alito (64 from Trenton; GWB)

• Sonia Sotomayor (60 from NYC; Obama)

• Elena Kagan (54 from NYC; Obama)