JUDICIARY

Two Court Systems in the United States (Judicial Federalism)A. Federal Judiciary System

B. 50 State Judiciary Systems Majority of cases heard in state system Cases that don’t fall under the Supreme Courts

jurisdiction are tried in state courts

Two types of Federal Courts1. Constitutional Courts: Article III Supreme Court District Courts (94) Courts of Appeals (13) Court of International Trade2. Legislative (Special) Courts: Article I Specialized purpose Created by Congress Fixed terms Court of Military Appeals, Court of Claims, and Tax

Court

Courts created under Article III:• US Supreme Court• US District Courts• Courts of Appeals• Court of International trade

Significant SCOTUS Chief Justices(Supreme Court of the US)

John Marshall (1801-1835)(Marbury v Madison) Judicial Review:1800 Election: Jefferson beat AdamsSecretary of State Marshall did not deliver

all the appointments (incl. Marbury). Left it to Madison (new SOS) to do it

Madison refused and Marbury sued and brought case to Supreme Court directly under Judiciary Act of 1789

SC said Jefferson was wrong not to deliver appointments, but the Judiciary Act of 1789 contradicted separation of powers and the Supreme Court did not have the power to require commissions to be delivered

Nine Old Men

Conservatives on SC viewed government intervention in the economy as unconstitutional

Ruled National Industrial Recovery Act as unconstitutional via Schechter Poultry Corporation v. United States b/c it regulated business that was not interstate.

Court Packing: FDR wanted to add a justice for every justice over the age of 70 – b/c he wanted to ensure his New Deal legislation would pass

Congress did not act on thisTwo conservative judges started changing their

votes (“switch in time that saved nine”)

Warren Court (1953-1969)Very liberal courtBrown v. Board of Education: segregation in public

schools is unconstitutional Griswold v. Connecticut: General right to privacyEngel v. Vitale: public schools cannot have official

prayer Abington School District v. Schempp: public

schools cannot have mandatory Bible readingsMapp v Ohio: Exclusionary Rule: evidence

collected or analyzed in violation of the defendant's rights sometimes inadmissible for criminal prosecution

Miranda v. Arizona: have to be advised of rightsGideon v. Wainwright: Right of retaining a court

appointed attorney for those too poor to pay for one

Burger Court (1969-1986)Narrowed defendants’ rightsConservative Court, but….Roe v. Wade: right of privacy/abortion

United Steel Workers of America v. Weber (1979): Upheld affirmative action

United States v. Nixon(1974): Executive privilege is limited

Rehnquist Court (1986-2005)

Very conservative“The Lone Ranger”– often the only dissenter during the

Burger CourtFederalism Doctrine: States’ rights should be respectedPresided over Clinton impeachmentBush v. Gore (2000)—very active/interventionist court

John Roberts (2005- present)Very conservativeFavors prosecution over defendantFavors executive over legislatureFavors corporate defendant over plaintiff

Only federal court that has both original and appellate jurisdiction (overwhelming majority of its cases are appeals)

A. Federal CourtsConstitutional Courts:Supreme Court:Judicial Review

Supreme Court can declare laws unconstitutional

Marbury v. MadisonDred Scott (1857): Missouri Compromise

unconstitutional;Slaves are property, not citizens

A. Federal CourtsConstitutional Courts: Supreme Court:

Original Jurisdiction

Case originates in Supreme Court“Special Master” appointed to hear case and to

recommend decisionOnly 2 or 3 cases a yearInvolves:Two or more statesUnited States and a stateForeign ambassadors and other diplomatsState and citizen of another state (if begun by a state)

A. Federal CourtsConstitutional Courts: Supreme Court:

Appellate Jurisdiction

Appeals from lower federal and state courtsMust have standing to sue:Personal injuryNot hypotheticalOther appeals exhaustedNot moot: still relevantRipe: readiness of a case for litigationJusticiable disputes: capable of being settled as a matter of

law rather than on other grounds as is commonly the case in legislative bodies

B. Federal CourtsConstitutional Courts:

U.S. District Courts

94 (Number of courts depends on size of state)At least one judge per court (most cases heard by only

one judge)Voting rights and redistricting cases are heard by

more than one judgeJudge presides over case with or without juriesU.S. Attorney:1/districtNominated by president, confirmed by SenateServe at discretion of presidentProsecute violations of federal law and represent US

government in civil cases

B. Federal CourtsConstitutional Courts:

U.S. District Courts

“80% of federal cases that come before federal judges are tried in federal district courts”

Hear both civil and criminal casesOriginal jurisdiction—does not hear appealsUS Attorney: 1/district; nominated by president

B. Federal CourtsConstitutional Courts:

U.S. District Courts : Original Jurisdiction

Federal CrimesCivil Suits under federal lawCivil suits between citizens of different

states (greater than $50,000)Admiralty and maritime disputesBankruptcyFederal administrative agencies’ actionsOther matters assigned by Congress

C. Federal CourtsConstitutional Courts:

Courts of Appeals13 circuitsRegional courts hearing appeals from their circuitCases heard by panel of three judgesOver 50,000 cases a year“Gatekeepers” to the Supreme CourtCreated to relieve Supreme Court of hearing most appealsAppellate/not original jurisdiction

D. Federal CourtsConstitutional Courts:

Court of International TradeNine judgesCivil cases arising from tariff and other trade-related

laws

Legislative CourtsCreated by Congress for specialized purposesUnited States Court of Military AppealsFederal Bankruptcy courtsJudges do not hold lifetime appointments

Selecting JudgesNominated by PresidentSenate ConfirmationSenatorial Courtesy/Blue Slips: nominees are not

confirmed if opposed by a senator (of the president’s party) from the state of the nominee’s residence

Litmus Test – attempt to determine how conservative or liberal a judge is prior to appointing or confirming them

Federal constitutional judges appointed for lifeFrom FDR to Clinton, every president has appointed over

90% of lower federal court judges from his own partyRonald Regan was the 1st President to appoint a woman to

the supreme court – Sandra Day OconnorBill Clinton Appointed more women and minorities to the

court than any other President

Bork– a noun and a verbSaturday Night MassacreNixon wanted to fire Watergate Special

Prosecutor Archibald Cox, who had requested Oval Office tapes

Nixon ordered U.S. Attorney General Elliot Richardson to fire Cox

Richardson resignedDeputy AG William Ruckelshaus resignedBork, now as acting AG, fired Cox

Constitutional ApproachesStrict-Constructionist (Judicial Restraint): Judges should stick to what is “stated or clearly

implied” in ConstitutionBefore 1937, liberals objected to judges interpreting

the due process clauses of 5th and 14th amendments to strike down laws passed: to protect labor and women and to keep national government regulated;

people have freedom to contract to work as many hours as they want; federal government cannot overreach its authority to strike down state laws

By the time of Nixon, tend to be conservative due to issues of abortion, prayers in public school, capital punishment and not hindering law enforcement

Constitutional Approaches Activist (Judicial Activism): Interpret Constitution based

on general principlesTend to be liberal today, but not always….Some conservatives favor activism because:They want to reverse precedents on civil rights and protect

property rights from government regulationSome liberals favor restraint because:They believe democratic self-governance will do better

when judges stay out of policy debates

The history of Supreme Court decision-making falls into three eras differentiated by the type of issue that dominated judicial attention during a particular period of time.

2. From the Civil War to 1937, the dominant issue was the relationship between government and the economy. The Court acted to support property rights and held that the due process clause of the Fourteenth Amendment protected commercial enterprises from some forms of regulation. The justices were merely reflecting the prevailing laissez-faire philosophy of the time. The Court, however, was not blind to the injustices of capitalism and upheld state regulations in over 80% of such cases between 1887 and 1910. As the justices attempted to balance the public interest against private property rights, their decisions became riddled with inconsistencies in distinguishing reasonable from unreasonable regulation or in separating interstate from intrastate commerce. According to justice Holmes, the Court had lost sight of its mission by forgetting that "a Constitution is not intended to embody a particular economic theory." The necessities of the Great Depression would compel a revision in constitutional theory on economic issues.

How does the Supreme Court decide what cases to hear?

The appeal is heard based on the following criteria: 1) If a court has made a decision that conflicts with

precedent.

2) If a court has come up with a new question.

3) If one court of appeals has made a decision that conflicts with another.

4) If there are other inconsistencies between courts of different states.

Jurisdiction of Federal CourtsFederal-Question Cases:

Arising under the Constitution

US laws

Treaties

Diversity Cases:

Citizens of different states

How does the Supreme Court decide what cases to hear?

Rule of 4: at least four judges must agree that the Court should hear a case

Writ of Certiorari: order made by the Supreme Court to a lower court, requesting the records of a particular trial for its review.

If a writ is granted, lower court send transcript of case to the Supreme Court

How does the Supreme Court decide what cases to hear?

If the writ is denied, decision of lower court stands, but this does not set precedent (court might be too divided on issue or it is a “political hot potato”)

Justices only hear 100/8,000 cases appealed to them The vast majority of cases come from State courts of last

resort (state high courts) and federal appellate courts. Rarely does the Supreme Court Hear cases from the

Federal Circuit (Appellate) Courts

How does the Supreme Court decide what cases to hear?

The appeal is heard based on the following criteria: 5) If there is a split decision in the courts of appeals.

6) Highest court has either supported an unconstitutional state law or determined a federal or state law is unconstitutional

At the Supreme CourtFirst Monday in October through end of JuneListen to oral arguments two weeks each month from

October to AprilAdjourn for two weeks to write opinionsSix justices must participate in each case (by

agreement not by law)If there is a tie, decision of lower court stands, but very

rarely, the case is retriedTake seats at 10am by seniority, Chief Justice in

centerEach side speaks for only 30 minutes (given 5 minute

warning

At the Supreme CourtBriefs: written documents supporting case submitted

before oral argumentsAmicus Curiae Briefs: “friends of the court” (interested

parties, interest groups) may submit briefs if given permission

Oral ArgumentsConference: justices meet in secret to discuss caseMajority opinion: chief justice selects who writes

opinion if he is in majority; otherwise senior justice decides

Drafts are circulated until a majority agree with it

At the Supreme CourtDissenting opinions: “an appeal to the brooding spirit of the

law, to the intelligence of a later day”—CJ Charles Evan Hughes

Concurring opinionsSolicitor General: represents USA in all cases in which it is

a party

Enforcement of Supreme Court Decisions

Decisions are remanded (sent back) to lower court with instructions

If decision involves federal agency, the action is usually very quick

Difficult to change behavior of administrative and elected officials (e.g., prayer in schools, desegregation)

Most difficult to enforce when many different agencies or people are involved (e.g., new rules on warrantless searches) because it takes a long time for decision to filter down

Factors Constraining Federal JudgesConstitutionPrecedent (stare decisis)Statutory lawLegal thought as found in books and law reviewsOpinions of other courtsInterest groupsPublic opinionMedia opinion

Factors Constraining Federal JudgesViews of colleaguesViews of law clerksContemporary events and social environmentTraditions of the lawActions of the legislature, past and futureActions of the executive, past and futureLimitations of time and staffing

Financial constraints on getting to Federal CourtIn forma pauperis: without fundsFee shifting: plaintiff collects its costs from

defendant if defendant loses

Non-Financial constraints on getting into federal court Standing

1. Real controversy

2. Actual damage or harm

3. Not just being a taxpayer

4. Sovereign Immunity (Government must consent to be sued)

State CourtsInterpret state lawsState Attorneys – prosecute cases Defense attorneys – are paid a salary (state funds)

and are supervised by the Administrative Office of the US CourtsProvide defense to the indigent (poor who cant afford

an attorney) in criminal cases In civil cases the indigent must defend themselves or hire

an attorney

Class Action SuitsOne in which numerous plaintiffs may be involved,

result of affiliation (members of a school, customers of a cable company)

Civil cases seeking damages

Civil cases govern relationships between individuals and defines their legal rights