The Judiciary Chapter 16. Federalist No. 78 Alexander Hamilton Persuading states to ratify the Constitution… The new system of federal courts would be.

The JudiciaryChapter 16

Federalist No. 78Alexander HamiltonPersuading states to ratify the Constitution…

The new system of federal courts would be “the least dangerous” branch of government…- Unlike the president, it would not command the

sword and unlike Congress, it would not control the purse

“The courts could take no active resolution whatever.”

l

Development of the Federal CourtsPhase #1 1787 – 1865

National Supremacy & Slavery- Marbury v. Madison

S.C. has power to declare acts of Congress/laws unconstitutional - McCulloch v. Maryland

federal law = supreme over state law (supremacy clause) and federal government can exercise practices that are

“necessary and proper” (elastic clause)- Regulate interstate commerce

**SLAVERY = not mentioned in Constitution Civil War

Dred Scott Case:ruled that the Missouri compromise (northern territory

prohibiting slavery) was unconstitutional!

Development of the Federal CourtsPhase #2 1865 - 1937Government & the Economy- 14th Amendment “no state shall deprive any person of life,

liberty, or property without due process of law”* S.C. case load increased hearing massive amounts of cases involving the government regulating business & industry

1880s-1890s Industrial Revolution judicial activism… determining WHAT regulations were permissible

Established RegulatedPrevention of labor strikes Railroad safetyStruck down federal income tax Railroad ratesEliminated child labor State laws on wages*Supported right to property, but unsure on “reasonable”/”unreasonable” regulation

Post 1937… regulation matters were left to the federal and state legislatures!

Figure 16.1 Economics and Civil Liberties Laws Overturned by the U.S. Supreme Court, by Decade, 1900–2006

Copyright © 2013 Cengage

Note: Civil liberties category does not include laws supportive of civil liberties. Laws includefederal, state, and local.

Source: Harold W. Stanley and Richard G. Niemi, Vital Statistics on American Politics, 2007–2008,5th ed., p. 302 (Washington, D.C.: CQ Press, 2008). Reprinted by permission of CQ Press; adivision of Congressional Quarterly, Inc.

Development of the Federal CourtsPhase #3 1937 - PresentGovernment & Political Liberty- Overturning of congressional laws that violated

political liberties(36 in almost 10 yrs!)• restriction of speech , denying passports to “communists,”

revoking a person’s citizenship, withholding a persons’ mail, etc.

- After New Deal & striking down of the “court packing bill retiring of several judges appointment of 7 judges under FDR

- Chief Justice Warren (1953)* shifted focus on political liberties and currently

civil rights!

Judicial System 101◦ Types of cases:

Criminal Law: The government charges an individual with

violating a law.

Civil Law: The court resolves a dispute between two

parties (lawsuit)**Most cases are tried and resolved in state, not federal courts.

◦ Litigants (participants in a case)

Plaintiff/Prosecutor—the party bringing the chargeDefendant—the party being chargedJury—the people (normally 12) who often decide the outcome of a case

Judicial System 101Federal-Question cases:

Constitutional, federal law, or treaty based cases.

Diversity cases:involving citizens of different states who bring

suit to federal court

“concurrent” jurisdiction:cases that can be heard in either state or federal

courts- suing over the amount of $75,000- FDIC insured state banks (robbery)

Structure of the Federal Court System

District

- Lowest level in the federal system

- 94 (at least one in each state and US territories)

- Only original jurisdiction

Court of Appeals

-12 regional “circuit” courts

- Only appellate jurisdiction

** U.S. Court of Appeals for the Armed Forces

- Hears cases involving members of the armed forces convicted of breaking

military law

- Appellate jurisdiction

Map 16.1 U.S. District and Appellate Courts

Copyright © 2013 Cengage

Note: Washington, D.C., is in a separate court. Puerto Rico is in the first circuit; the Virgin Islands are in the third; Guam and the Northern Mariana Islands are in the ninth. The Court of Appeals for the Federal Circuit, located in Washington, D.C., is a Title 3 court that hears appeals regarding patents, trademarks, international trade, government contracts, and from civil servants who claim they were unjustly discharged.

Source: Administrative Office of the United States Courts (January 1983).

Structure of the Federal Court SystemSupreme Court

- Nine justices - Appellate jurisdiction through certiorari

* Appealed from lower federal court

* Appealed from highest level state court- Original jurisdiction over some cases

* 2 or more states

* U.S. vs. a state

* Foreign ambassadors & diplomats

* State v. another state

7,000 petitions considered per year to be granted cert, but accepts about 100 (rejects 96% of applications for cert)

Structure of the Federal Court System: SUPREME COURT

Judicial Review:authority of the judicial branch to review acts of Congress, the president, and other constitutional questions and declare them constitutional or unconstitutional

• Marbury v. Madison

Over 160 federal laws have been declared unconstitutional!

Structure of the Federal Court System

Constitutional Court:

court authorized in Article III of Constitution SUPREME

COURT!

- district courts

- courts of appeals (11 regional, 1 in D.C., 1federal circuit)

* life terms, protected salary

Legislative Court:

courts created by Congress with specified purpose U.S. COURT OF MILITARY APPEALS

- fixed/limited terms

- no salary protection

Structure of the Federal Court System: Justices

** APPOINTED BY PRESIDENT

Senatorial Courtesy:president nominates a judge under the

preference of the senior senator of the state of the judicial appointment

“Blue Slip” :veto-like action by senior senator of a state to disapprove federal court judge non-

confirmation by the Senate

Judicial Viewpoints Judicial Restraint:judges should decide cases strictly on the basis of the language of the Constitution

ADVANTAGES?DISADVANTAGES?

Judicial Activist:judges should determine the general principles underlying the Constitution and apply them to modern circumstances

ADVANTAGES?DISADVANTAGES?

Judicial ViewpointsDiffering federal circuit court judges = different circuit court rulings and “spectrum” of these courts (liberal or conservative)

* linked to senator preference!

Litmus Test:test/exam of political ideology of a nominated judge

• Decreases % of confirmed judges (36 out of 160 S.C. nominees have been rejected)

• Influence the appointment of S.C. judges (presidential preference)

Getting to CourtStanding:plaintiffs can sue based off of having sustained direct injury from the government

Citizens can sue individuals working FOR the government, but not the government itself… unless under the government’s consent!

Congress = given permission for government to be sued IF:- dispute over contract- damage done due to negligence

Class-action suit:Ending result of lawsuit that benefits a group of people in similar situation

Getting to CourtGideon v. Wainwright“Gideon had a wainwRIGHT to a lawyer”

In forma pauperis:poor person may have case heard in federal court for free

Fee shifting:defendant pays plaintiff court costs if the plaintiff wins

Interest groups- help pay fees for individuals if issue is of significance to

their group- represents individuals to gain media and public

attention* can organize cases, choose the plaintiffs, develop the

legal strategy, & mobilized legal allies

Supreme Court in Action36 weeks out of the calendar year(October – June)

Once cert has been granted…

Brief:lawyer statement summarizing the case, laws

surrounding it, and previous rulings

Amicus curiae brief:“friend of the court” briefs written by involving

parties of a caseBakke v. California had 58 amicus curiae briefs submitted on behalf of the university

Supreme Court RulingsAfter debate in conference room… vote!

Per curiam opinion:unsigned & brief opinion of the court• less controversial and quickly decided majority cases

3 Types of S.C. OpinionsA. Opinion of the court:SIGNED opinion of the majority of the court (agreed majority view)B. Concurring opinion:SIGNED opinion of the majority of the court, but for differing & indicated reasonsC. Dissenting Opinion:SIGNED opinion with 1+ justices disagreeing with the majority view* more likely with controversial cases* allow justices to expose their personal beliefs

Supreme Court RulingsPower to make policy

- 9 judges impact 314 million citizens!* reinterpretation of the law or Constitution * extend the reach of existing law to cover matters not previously covered* design remedies for problems empower judges to act in administrative & legislative ways160+ federal laws declared unconstitutional over time!

Supreme Court Rulings

Checks on the Supreme Court1. Decisions can be ignored

* if party is willing to risk being caught and challenged in courtEx. Segregation of schools

2. Senate confirmation of judges* Judges NOT elected!

3. Judge Impeachment (15 7 acquitted, 4 convicted, 1 resigned)

4. Controls the # of judges on a court

Checks on the Supreme Court5. Congress & states can create amendment following S.C. decisionEx. Dred Scott case 15th Amend.

6. Congress repasses a law previously declared unconstitutional

7. Congress determines jurisdiction of lower federal courts & what the appellate jurisdiction of the S.C. shall be* Article II – Legislative branch of the Const.

8. Public opinion* Changing political moods = energized public