Judicial Branch The federal courts The Supreme Court

Judicial Branch The federal courts

The Supreme Court • The Constitution assigns the duty of interpreting the law to the courts.

The federal courts pose a special challenge to American democracy • Federal judges are appointed to their positions. • And they are often in the thick of policymaking on issues ranging from abortion to prayer in public schools.

How can we reconcile powerful courts populated by unelected judges with American democracy? • Do they pose a threat to majority rule? • Or do the federal courts actually function to protect the rights of minorities? • To determine the appropriate role of the courts in our democracy, we must first understand the nature of our judicial system.

In addition to the Supreme Court, there are… • 12 federal courts of appeals, • a Court of Appeals for the Federal Circuit, and • 90+ federal district courts

There are basically two kinds of law: • criminal law where the government charges an individual who violated specific laws, such as robbery, and…

civil law which involves a dispute between two parties • civil law cases range from divorce proceedings to mergers of multinational companies

It is important to remember that about 98% of all the criminal cases in the U. S. are heard in state and local court systems… • and, most accused of federal crimes enter guilty pleas as part of a plea bargain

Also, the vast majority of civil cases in the federal courts are settled out of court • Only about 2% of the more than 250, 000 civil cases in the federal courts are decided by trials.

What does the Constitution say about federal judges’ qualifications? • absolutely nothing! So… that begs the question: could a President appoint just anybody?

In the last few decades, courts have made policies involving school busing, abortion, bilingual education, prison conditions, and many other key issues. • Many scholars and judges favor a policy of judicial restraint, in which judges adhere (stick) closely to precedent and play minimal roles. • On the other side are judicial activists who favor judges making bolder policy decisions. They say courts may alleviate (help) pressing needs

It is important to keep in mind that most judicial policymaking and enforcement of laws take place in the state courts and the lower federal courts.

• Under the Articles • the Constitution of Confederation, writers created a there was no national dual court system: judicial system; this – one national level of courts resulted in somewhat – 50 state systems of chaotic situations courts when states – This organization disagreed or ignored obviously reflects the each others’ principle of decisions, so… federalism.

The vast majority of cases that make it to the Supreme Court are from… 1. state appellate courts, and 2. lower (or inferior) federal courts

Federal courts • Supreme Court – considered the highest court because it is the last court at which federal questions can be decided

The Supreme Court is the only court with both original and appellate jurisdiction • has original jurisdiction over any disputes among states and … • any case brought against ambassadors • up to 5, 000 cases are appealed to the Supreme Court each year, but the Court only hears a few. At least 4 Justices have to agree to hear a case (“rule of four”)

• The Court decides about 120 cases each year • When the Court accepts a case for review, it issues a writ of certiorari • The Court works from the 1 st Monday in October until the following June/July

Opinions of the Court • majority opinion- also known as the Opinion of the Court • concurring opinion – Justice agrees with the majority opinion, but for a different reason • dissenting opinion – Justice disputes the majority opinion • these opinions stand as precedents meaning they affect every state and federal law pertaining to the issue

Lower federal courts • Courts of Appeals (12) • district courts (90+) – hear the greatest number of cases

More federal courts… • Court of International Trade – hears cases involving international law • special courts – have limited jurisdiction – – – Court of Military Appeals – civilian judges Court of Veterans Claims Court Tax Court courts of the District of Columbia territorial courts (Guam, N. Marianas, Virgin Islands)