The Courts

THE COURTSUnit 4, Chapter 14

Articles of Confederation“The United States in Congress assembled shall

also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other causes whatever … appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge of any of the said courts” (Article IX, Articles of Confederation)

Article III – Questions to Consider How did Article III

[http://www.yale.edu/lawweb/avalon/art3.htm] of the Constitution change the character of the judiciary as set out in the Articles of Confederation?

What kinds of courts does the Constitution provide for? How does it distinguish between the Supreme Court and inferior courts?

What kinds of cases did the Founders expect would come before federal courts?

What, if anything, does the Constitution say about how the Supreme Court should operate?

Is the Supreme Court designed as a co-equal branch of the government?

What general rules about the judicial system (such as trial by jury) are specified in the Constitution?

Marbury v. Madison (1803)Judicial Review

William Marbury (Federalist) and several others appointed by Pres. John Adams to government posts created by Congress in last days of presidency

Appointments never completed by the newly elected Jefferson (Democratic-Republican) administration

Marbury and others invoked an act of Congress which authorized Supreme Court to issues orders against government officials; in this case James Madison (Secretary of State)

John Marshall (Chief Justice Supreme Court and a Federalist) wrote opinion – act of Congress conflicted with Article III of the Constitution

The Supreme Court and Judicial Review

The power of judicial review is not stated within the Constitution. The precedent set by the case of Marbury v. Madison (1803) expanded the power of the judiciary to include judicial review, the ability of the Supreme Court to determine the constitutionality of certain laws. It is important to look at this case in order to understand how Chief Justice John Marshall expanded the powers of the judicial branch and what this has meant over the course of time.Background information Marbury v. Madison (1803): Understanding the events that lead to the case.http://www.streetlaw.org/en/Page.Landmark.Marbury.background.three.aspx

The power of the judicial branchhttp://www.streetlaw.org//en/Page.Landmark.Marbury.activities.power.aspx

The decision – excerpt from Marshall’s opinionhttp://www.streetlaw.org//en/Page.Landmark.Marbury.decision.majority.aspx

The reasons we should still care about the decision, and the lingering questions it left behindhttp://writ.news.findlaw.com/commentary/20030224_grossman.html

Court FundamentalsTypes of cases Civil: court case that involves a private

dispute arising from such matters as accidents, contractual obligations or divorce

Criminal: case involving a crime, or violation of public order

Procedures and policymaking Most cases never go to trial When cases are not settled or

abandoned, they are adjudicated Judges make policy in two ways

Common law (judge made law) Statutory construction

Jurisdiction Original: authority of court to hear case

before any other court does Appellate: authority of court to hear cases

that have been tried, decided, or reexamined in other courts

Federal Court organization:Pyramid Structure

US District Courts and Court of Appeals

US District Court and Court of Appeals

94 District Courts Each state at least one district Entry point for federal court

system Each case tried by single judgeSources of litigation Federal criminal cases Civil cases that allege violation of

national law Civil cases brought against the

national government Civil cases between citizens of

different states when amount in controversy is greater than $75,000

All cases resolved in district court and all decision of federal administrative agencies can be appealed

Circuit: geographical area covered by a US Court of Appeals

13 US Court of AppealsAppellate court proceedingsPrecedents and making decisions Opinion writing gives judges

influence beyond immediate case Precedent Stare decisis

Uniformity of law

US District Court US Court of Appeals

US Supreme Court9 Justices on the Supreme CourtIf reach on appellate jurisdiction Reached end of line in state

court system Raise federal questionSee chart on page 434 Solicitor General and Interest

Groups Amicus Curiae

Decision-making Judicial Restraint and Activism Judgment and Argument

Chief Justice

Judicial Appointments

Federal Appointments• Neither Constitution nor national

law imposes requirements• District and circuit court judges

must reside within jurisdiction• President appoints all federal

court nominees; all must be confirmed by Senate– Senatorial courtesy– “advice and consent”

• Judicial compensation is substantially lower than that received by partners in major law firms

• American Bar Association

State Appointments• In more than half of

states, governor appoints state judges

• Voters in many states decide whether judges should be retained

• Other states select their judges by election

• Contested elections for judgeships are unusual

• Missouri Plan

Judicial Decisions“has no influences over either the sword or the purse”

Implementation and Impact Relies on others to translate policy into

action Compromise on opinions, moderate

arguments, introduces ambiguity Influence beyond immediate parties

involved Public Opinion

No accountability to the electorate Reflection of public opinion