Judicial Branch Chapter 10 Judicial Branch The courts

Judicial Branch Chapter 10

Judicial Branch The courts serve as an impartial forum for resolution of disputes in both civil and criminal cases.

Civil v. Criminal Cases n n n n Civil cases usually involve individuals, criminal cases are usually against people who have acted against society Criminal cases are prosecuted by the state, civil cases are instigated by individuals Civil cases can be in state or federal courts Criminal cases “beyond a reasonable doubt” Civil cases “the preponderance of evidence” Criminal cases usually have a jury, civil cases are usually just a judge Criminals must have a defendant

Article III n n Section I the only court mentioned in the Constitution is the Supreme Court and is given the right to create all other courts. Section II specifies the judicial power of the Supreme Court and discusses the Court’s original and appellate jurisdiction. n Also specifies that all federal crimes, except those involving impeachment, shall be tried by jury in the state in which the crime was committed

Article III n Framers gave federal judges tenure for life “with good behavior” n Did not want judges to be subject to the whims of politics, the public, or politicians n Hamilton argued in Federalist 78 that the “independence of judges” was needed “to guard the Constitution and the rights of individuals. ”

Article III n Some checks on judiciary include: n a. Congress has the authority to alter the Court’s jurisdiction. n b. Congress can propose constitutional amendments that, if ratified, can effectively reverse judicial decisions. n c. Congress can impeach and remove federal judges. n d. President (with “advise and consent” of Senate) appoints federal judges n e. Presidential pardons

The American Legal System n n Trial courts n State Courts of original jurisdiction where a case begins Appellate courts n Courts that generally review only findings of law made by lower courts to look for errors in procedure n “I object!”

The Judiciary Act of 1789 and the Creation of the Federal Judicial System n Supreme Court size set in the Act – chief justice and five associates n Number of justices set to 9 in 1869 n John Jay was the first Chief Justice

n The Judiciary Act of 1789 and the Creation of the Federal Judicial System Established the basic three-tiered structure of the federal court system n District courts: at least one in each state, each staffed by a federal judge n Circuit Courts: 13 Courts are for appeals (11 districts, 1 in D. C. and 1 Federal Circuit)

Defendant Arrested Trial Court Not Guilty can appeal to Defendant Free Court of Appeals Reverse Conviction Uphold Conviction Defendant Free can appeal to Supreme Court Reverse Conviction Uphold Conviction

Judicial Philosophy* n n Judicial restraint: n A philosophy of judicial decision making that argues courts should allow the decisions of other branches of government to stand, even when they offend a judge’s own sense of principles Judicial activism: n A philosophy of judicial decision making that argues judges should use their power broadly to further justice, especially in the areas of equality and personal liberty (even if it affects policy)tends to more liberal n [Do activist judges now make laws? ]

Chief Justice John Marshall n n Was the longest serving chief justice who served from 1801 -1835. He expanded the power of the Supreme Court and the federal government.

Judicial Review n n Judicial Review is the power to decide the constitutionality of an act of the government. Marbury v. Madison, 1803, established the principle. It gave the court the power to decide if actions taken by the other two branches of the government are constitutional.

Marshall Court cases that set important precedents n n Mc. Culloch v. Maryland (1819) - the Marshall court ruled that the states could not hamper the exercise of legitimate national interests. Gibbons v. Ogden (1824) - defined the meaning of interstate commerce in broad terms and expanded congressional regulatory powers.

Jurisdiction n Authority vested in a particular court to hear and decide the issues in any particular case controlled the Constitution and statutes of Congress n 1. Original jurisdiction: courts that hears a case first, usually in a trial n 2. Appellate jurisdiction: courts that hear cases brought to them on appeal from a lower court

Jurisdiction 3. Exclusive Jurisdiction: (in Civil procedures) means only federal courts can hear. Also allows the SC to review lower court decisions n 4. Concurrent Jurisdiction: federal or state courts can hear cases. Civil and criminal cases can be heard in different courts. Leads to “forum shopping” to get best results n

Jurisdiction Federal courts can hear cases that involve federal laws or the Constitution. n The Constitution gave the Federal courts jurisdiction over: United States law, treaties with other nations, the Constitution, bankruptcy, and maritime law n

Who Are Federal Judges? n Typically they have held other political offices. A. State court judge or prosecutor n B. Most have been involved in politics n C. White males tend to dominate n

How Federal Court Judges Are Selected n n Often a very political process, but are generally considered above politics Judges nominated by president and confirmed by Senate, which makes it political Can reflect the ideological stamp of the president Senatorial Courtesy n An unwritten tradition whereby the Senate will not confirm nominations for lower court positions that are opposed by a senator from the state in which the nominee is to serve

Judges n n Federal Judges are nominated by the President and confirmed by the Senate. Most are appointed for life and may be removed only by the impeachment process for “treason, bribery, or other high crimes and misdemeanors”. – No Supreme Court justice has ever been removed through impeachment Congress sets judicial salaries and benefits. In 2013, Democrats changed the legislative rules to only require 51 votes (from 60) for legislative and judicial appointments

The Federal Court System n n n Established by the Judiciary Act of 1789 Not in the Constitution, but created by Congress District Courts (“lower” level trial courts) n 94 federal district courts staffed by 678 active judges, assisted by more than 300 retired judges n No district courts cross state lines n Every state has at least one federal district court n The most populous states have four. (CA, TX, and NY) n They handle about 80% of the federal caseload

District Courts n Each federal judicial district has a U. S. attorney. n This individual is nominated by the president and confirmed by the senate. n The attorney is that district’s chief law enforcement officer. n They have a considerable amount of discretion as to whether they pursue criminal or civil investigations or file charges against individuals or corporations. n Only about 2% of cases are decided by trial most end in a plea bargain

Original Jurisdiction of Federal District Courts n n n Involve the federal government as a party Present a federal question based on a claim under the U. S. Constitution, a treaty with another nation, or a federal statute Involve civil suits in which citizens are from different states, and the amount of money at issue is more than $50, 000

District Courts (Lower Courts) and Courts of Appeal

The Courts of Appeals n n n The courts of appeals are appellate courts The losing party in a case heard and decided in a federal district court can appeal the decision to the appropriate court of appeals. 11 numbered circuit courts Twelfth, D. C. Court of Appeals n Handles most appeals involving federal regulatory commissions and agencies Thirteenth, U. S. Court of Appeals for the Federal Circuit n Deals with patents and contract and financial claims against the federal government

The Courts of Appeals n n n Have no original jurisdiction Try to correct errors of law and procedure that have occurred in the lower courts or administrative agencies Hear no new testimony n Briefs submitted to them containing legal written arguments in a case

Courts of Appeals (Circuit Courts)

The Courts of Appeals n n Decisions of the court of appeals are binding on only the district courts within the geographic confines of the circuit Decisions of the Supreme Court are binding throughout the nation and establish national precedents n Reliance on past decisions or precedents to formulate decisions in new cases is called “stare decisis. ”

The Supreme Court

n n Supreme Court has both original and appellate jurisdiction, but most cases are appeals. A. Two or more states B. The United States and a state government C. The U. S. and a foreign diplomat or ambassador Writs of certiorari A. The court’s original jurisdiction only generates 2 or 3 cases a year B. Nearly all appellate cases reach the Court by certiorari (an order to send the record of the case for review) Today the Supreme Court has almost complete control over its own caseload. Thousands will petition, but fewer than 10% get reviewed Cases must be of national significance

The Supreme Court n n n Reviews cases from the U. S. courts of appeals and state supreme courts (as well as other courts of last resort) Acts as the final interpreter of the Constitution Ensures uniformity in the interpretation of national laws and the Constitution Maintains the supremacy of national law in the federal system 8 justices and one chief justice Relatively few support staff n Clerks plus 400 staff members

The Case Selection Process* n Characteristics of the cases the Court accepts: n The federal government is the party asking for review through the Solicitor General n The case involves conflict among circuit courts. n The case presents a civil rights or civil liberties question. n The case involves ideological and/or policy preferences of the justices. n The case has significant social or political interest, as evidenced by the presence of interest group amicus curiae briefs.

How Cases Reach the Court n n “The rule of four”*- at least 4 judges must agree that the Court should hear a case before it is selected for the Court’s docket. petition of certiorari - this is a petition (letter) sent by the defendant stating why the lower court erred. These are reviewed by the clerks of the court who act as “gatekeepers”

How Cases Reach the Court n n Most cases reach the Court by writ of certiorari*- issued by the Supreme Court to the lower courts, informing the lower court that the justices want to see the full transcript When the Court opens on the first Monday of October the justices hear the petitioners and respondent make their cases, each has 30 minutes for arguments It is not a trail but a chance to persuade the justices A simple majority rules

How are justices chosen? The president has many important considerations when choosing a justice, besides party affiliation and judicial philosophy, presidents consider the following factors: a) Likelihood of Senate approval b) The recommendation of the American Bar Association (ABA) – only advisory i. well qualified, ii. “qualified, iii. “not qualified” c) Support/opposition of major interest groups d) The opinions of current justices n They do not have to go to Law School – one (194142) never graduated high school, was self-taught, and passed the Bar Exam n

n n n Several did not graduate college A Chief Justice could be promoted from an Associate The first meeting was in 1790 in New York and had to be postponed because on three of the six justices bothered to appear

Confirmation Process n n n n The president has a list of possible candidates based on his agenda The easiest to get confirmed is a person who has already been confirmed for a different bench The names are sent to the Federal Bureau of Investigation for a thorough background check The names are usually sent to the ABA for a professional rating Interest groups make their opinions known The Senate Judiciary Committee holds public hearings on each nominee The committee then makes a recommendation to the full Senate

The Supreme Court at Work n n When in session, the Court sits for two consecutive weeks each month, starting in October and ending in June/July Chief Justice makes $223, 900 Justices make $213, 900 They hear arguments & then they consider arguments, work on opinions, and study petitions of those who want to be heard. The judges are expected to recuse themselves if there is a conflict of interest

The Courtroom

n Plaintiff: the person or party who brings (initiates) a case. In a criminal trial the plaintiff is the state or national government. n Defendant: party against whom a suit is brought. n Solicitor General: is appointed by the president and represents the U. S. before the court in cases in which the U. S. is a party. Nearly half the cases involve the federal government

The Supreme Court at Work Briefs- written documents supporting one side of a case. n Oral Arguments - lawyers speak to justices emphasizing major points they made in their briefs. n 90% of requested cases are rejected n In the 2006 -2007 session there were 7, 132 petitions to the Supreme Court – the court heard 7 cases n

How the court hears a case n Lawyers for each side present oral arguments, and answer questions from the justices. Each side has exactly 30 minutes – after 25 a white light is turned on, after 30 the light turns red and the speaker must stop immediately

n n n The Conference - On Wednesdays and Fridays the justices meet inn secret to debate the case’s merits and vote Opinions - Justices always write an Opinion of the Court. Unanimous opinion - all justices agree. Majority Opinion - The official opinion of the court. Concurring Opinion - When a justice agrees with the opinion of the court but for different reasons. Dissenting Opinion - when a justice disagrees with the Opinion of the court.

n n Precedent – a previously decided case recognized as authority to prove a case Stare decisis – let the decision stand Most decisions are based on political ideology Republicans v. Democrats If a case is tied (4 -4) then the lower court decision stands

Appointments to the U. S. Supreme Court n n n The first Chief Justice was John Jay Nomination Criteria Nominated by the president and confirmed by Senate n n Competence Ideology or Policy Preference n n n Strict constructionist: an approach to constitutional interpretation that emphasizes the Framer’s original intentions Rewards Pursuit of Political Support Religion Race, Ethnicity, and Gender

Current Justices Chief: John Roberts REP. b. 55 Harvard Law (2005) n n Associate Justices: n n n n Anthony Kennedy Rep. b. ‘ 36 Harvard Law (1988) Clarence Thomas Rep. b. ‘ 48 Yale Law (1991) Ruth Bader Ginsburg Dem. b. ‘ 33 Columbia Law (1993) Stephen Breyer Dem. b. ’ 38 Harvard Law (1994) Samuel Alito, Jr. Rep. b. ’ 50 Seton Hall Law (2006) Sonia Sotomayor Dem b. ’ 54 Yale Law (2009) Elena Kagan Dem b. ’ 60 Harvard Law (2010) One seat is available

The Roberts’ Court (One vacancy) n Conservatives n n Roberts, Kennedy, Thomas, Alito Liberals – Breyer, Ginsburg, Sotomayor, Kagan

Roberts – C Scalia - C Kennedy – R/S Thomas - C Ginsburg - L Breyer - L Alito - C Sotomayor - L Kagan - L

Public Opinion* n The Constitution insulates the Justices from public opinion a. Justices are appointed for life subject only to good behavior b. The salaries cannot be reduced c. The certiorari process enables the Court to set its own agenda d. The public has limited access to the Court

Public Opinion* n Sensitive to Public Opinion: a. the nomination process ensures mainstream Justices b. Congress and state legislatures can amend the Constitution c. Congress can change the number of Supreme Court Justices d. Justices can be impeached

The Death Penalty • The next big question? • Average cost of a death penalty case is $395, 762 • Average cost of a non-death penalty is $98, 963