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Chapter 15

Chapter 15. The Federal Courts. The Federal Courts. The Legal System. “ A government of laws and not of men. ” - John Adams, describing the new Massachusetts state constitution Rule of law: all are equal before the law and none are immune from it.

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Chapter 15

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  1. Chapter 15 The Federal Courts

  2. The Federal Courts

  3. The Legal System • “A government of laws and not of men.”-John Adams, describing the new Massachusetts state constitution • Rule of law: all are equal before the law and none are immune from it. • Fundamental fairness expectation Americans have of the judicial system • “That’s not fair” is a tacit reference to rule of law

  4. The Legal System • Criminal law: the branch of law that regulates the conduct of individuals, defines crimes, and specifies punishments for criminal acts. • Government is always the plaintiff • Defendant cannot be forced to testify • Standard: guilty beyond a reasonable doubt • Penalties: fines, public service, imprisonment, death

  5. The Legal System • Civil law: the branch of law that deals with disputes that do not involve criminal penalties. • Plaintiff is the party that has been legally wronged • Defendant can be forced to testify • Standard: preponderance of evidence • Penalties: typically monetary

  6. The Legal System • Precedent: previous decisions from prior cases that are used to understand how a law is applied • Stare decisis: “let the decision stand” • The use of precedent in a current case • The court is hesitant to overturn precedent

  7. Types of Courts • State versus federal • Trial versus appellate • State supreme court

  8. The U.S. Court System

  9. The Supreme Court

  10. Types of Courts • Supreme Court • The court of last resort • Has final interpretation over the Constitution and statutory law, be it state or federal • No state constitution can run contrary to the federal constitution • Recall, the Supreme Court is an appellate court • No new facts allowed

  11. Types of Courts • Jurisdiction: where court has authority, power • Federal court domain includes: • Cases between states • Ambassadors • Federal law • U.S. Constitution • State and local courts have no say in the kinds of cases listed above.

  12. The Federal Courts

  13. Types of Courts • Habeas corpus • A prisoner can appeal for a writ of habeas corpus to a court, claiming a violation of rights. • For a federal court to intervene in a state case, the prisoner must argue that a federal right has been violated.

  14. Federal Jurisdiction • In 2008: • Federal district courts heard 349,969 cases. • Federal courts of appeal heard 61,104 cases. • U.S. Supreme Court heard 75 cases. • Procedures of note • Only hear appeals they determine have merit • Three judges on the panel (no jury)

  15. How Judges Are Appointed

  16. The U.S. Supreme Court • Nine justices • Chief justice and eight associate justices • System of equals, which functions on seniority basis • All judges have equal say, and each has one vote. • If chief justice sides with the majority opinion, he assigns the writing of the majority opinion. • If chief sides with the minority opinion, the most senior justice in the majority does.

  17. How Judges are Appointed • Senatorial courtesy • Senators from the president’s party suggest nominees for district courts in their state when an opening appears. • President chooses from the list, then the Senate confirms. • The confirmation process has become highly political in recent decades.

  18. Who Are Federal Judges? CHAPTER 15

  19. Federal Judges in 2009, by Race and Gender White men 860 African American men 84 Hispanic men 58 White women 225 African American women 40 Hispanic women 26 = 10 federal judges SOURCE: Russell Wheeler, “The Changing Face of the Federal Judiciary” (Washington, DC: Brookings Institution, 2009). Data are from August 2009.

  20. Appointments to Federal Courts, by Administration KENNEDY/JOHNSON NIXON/FORD CARTER REAGAN G.H.W. BUSH CLINTON G.W. BUSH OBAMA White men White women African America men African American women 36% 27% 10% 7% 5% 5% 2% 3% 93% 1% 4% <1% 1% 95% <1% 3% 1% 66% 12% 12% 3% 6% <1% 86% 7% 1% <1% 5% <1% 72% 16% 7% 1% 4% 52% 23% 12% 4% 6% 2% 67% 16% 5% 2% 6% 4% Hispanic men Hispanic women Asian America men Asian American women SOURCE: Russell Wheeler, “The Changing Face of the Federal Judiciary” (Washington, DC: Brookings Institution, 2009).

  21. The Power of the SupremeCourt: Judicial Review

  22. Judicial Review • Judicial review: the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional. • The U.S. Constitution does not mention judicial review. • Marbury v. Madison (1803)

  23. Judicial Review of Acts of Congress • Supremacy Clause and Judicial Act of 1789 • All state laws and actions must be in conformity with the U.S. Constitution, federal laws, and treaties.

  24. Judicial Review of State Actions

  25. Judicial Review of Federal Actions • Congress’s dilemma: make laws too broad, and the executive branch can subvert them; make them too narrow, and they cannot adapt over time. • The Court is hesitant to overturn executive-branch decisions because Congress can do so.

  26. Judicial Review and Presidential Power • Historically, the Court is hesitant to judge presidential authority during wartime. • Allowed imprisonment of Japanese Americans in WWII • Deferential to handling of “enemy combatants” during Iraq War

  27. Judicial Review and Lawmaking

  28. Judicial Review and Lawmaking • Common law: body of law stemming from judges, not from statutes • Allows courts to function in the absence of lawmaking, just as executive orders do • Appellate courts also make rules that apply to how courts decide cases.

  29. Cases Filed in U.S. Supreme Court

  30. Public Opinion Poll Do you think federal judges should be appointed for life terms, limited terms, or elected? • Federal judges should be appointed for life. • They should have limited appointment terms. • Federal judges should be elected.

  31. Public Opinion Poll Do you believe the decisions of the federal courts are primarily driven by legal doctrine or individual judge’s political ideology? • Legal doctrine • Political ideology

  32. Public Opinion Poll Do you believe members of the U.S. Senate should have the ability to block the judicial nominations based solely on the nominee’s political ideology and party? • Yes • No

  33. Public Opinion Poll Do you believe the U.S. Supreme Court should televise or online stream their proceedings? • Yes • No

  34. Public Opinion Poll Compared to the presidency and the Congress, do you think the Court has too little, too much, or the right amount of influence on American policy and law? • Too little influence • Too much influence • About right amount

  35. Chapter 15: The Federal Courts • Quizzes • Flashcards • Outlines • Exercises wwnorton.com/we-the-people

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