CHAPTER 16

1. CHAPTER 16 THE JUDICIAL SYSTEM

2. Roots of the Federal Judiciary • Hamilton called it “the least dangerous branch.” • Little on the judiciary in the constitution. • Creates high Court, Congress establishes others. • Judges have life tenure with good behavior. • Congress can alter the Court’s jurisdiction. • Constitution is silent on judicial review.

3. CH 18 SUM THE COURT SYSTEM DUAL COURT SYSTEM FEDERAL AND STATES SUPREME COURT RULES BOTH SUPREME COURT LINKS BOTH

4. CH 18 SUM THE COURT SYSTEM THE COURT’S POWER JUDICIAL REVIEW MARBURY V MADISON (1803)

5. CH 18 SUM THE COURT SYSTEM INFERIOR CONSTITUTIONAL COURTS • DISTRICT COURTS • COURT OF APPEALS • COURT OF APPEALS FOR THE FEDERAL CIRCUIT

6. CH 18 SUM THE COURT SYSTEM SPECIAL (LEGISLATIVE) COURTS • U.S. CLAIMS • TERRITORIAL • DISTRICT OF COLUMBIA • MILITARY APPEALS • TAX COURT

7. CH 18 SUM THE COURT SYSTEM THE U.S. SUPREME COURT 9 MEMBERS (NOT SET BY CONSTITUTION) TERM OF OFFICE = LIFE RELEASE OPINIONS MAJORITY CONCURRING DISSENTING

8. THEMIS BLIND JUSTICE SCALES & SWORD

9. THE U.S. SUPREME COURT BUILDING

10. LOCATION OF THEU.S. SUPREME COURT BUILDING

11. Chief Justice • John Roberts • Associate Justices • Samuel Alito • Stephen Breyer • Ruth Bader Ginsberg • Elena Kagan • Anthony Scalia • Sonia Sotomayor • Clarence Thomas

12. 2010 Supreme Court Official Photo Official Photo Goes Here

14. Edwards, Wattenberg, and Lineberry Government in America: People, Politics, and Policy Fourteenth Edition The Federal Courts Chapter 16

15. The Nature of the Judicial System Two types of cases: Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law: The court resolves a dispute between two parties and defines the relationship between them. Most cases are tried and resolved in state, not federal courts.

16. Participants in the Judicial System Litigants Plaintiff—the party bringing the charge Defendant—the party being charged Jury—the people (normally 12) who often decide the outcome of a case Legal Standing have sustained or likely to sustain a direct injury Justiciable disputes - a case must be capable of being settled as a matter of law.

18. (Old Court Line-up)

19. Participants in the Judicial System Groups Use the courts to try to change policies Amicus Curiae briefs used to influence “friend of the court” briefs to raise additional points of view and information 800,000 lawyers in United States today Legal Services Corporation Lawyers to assist the poor Access to quality lawyers is not equal.

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22. The Structure of the Federal Judicial System District Courts (91 federal courts) Original Jurisdiction: Hear the case first and determine the facts - the trial court Case Jurisdiction - deals with the following case types: Federal crimes Civil suits under federal law and across state lines Supervise bankruptcy and naturalization Review some federal agencies Admiralty and maritime law cases Supervision of naturalization of aliens

23. Courts of Appeal Appellate Jurisdiction Reviews legal issues in cases from lower courts Hold no trials and hear no testimony 12 circuit courts U.S. Court of Appeals for the Federal Circuit – specialized cases Focus on errors of procedure and law

25. The Supreme Court Ensures uniformity in interpreting national laws, resolves conflicts among states and maintains national supremacy in law 9 justices – 1 Chief Justice, 8 Associate Justices Supreme Court decides which cases it will hear—controls its own agenda Some original jurisdiction, but mostly appellate jurisdiction Most cases come from the federal courts Most are civil cases

28. SELECTING FEDERAL JUDGES • Presidents nominates, Senate Confirms • Use of senatorial courtesy. • Competence, use of ABA ratings. • Ideology or policy preferences. • Rewards or political support. • Religion, race, ethnicity, and gender.

29. The Supreme Court Fewer constraints on president to nominate persons to Supreme Court President relies on attorney general and DOJ to screen candidates 1 out of 5 nominees will not make it Presidents with minority party support in the Senate will have more difficulty. Chief Justice can be chosen from a sitting justice, or as a new member to the Court

30. CONFIRMATION IS A POLITICAL PROCESS

32. The Backgrounds of Judges and Justices Characteristics: Generally white males – Less recently Lawyers with judicial and political experience Other Factors: Generally of the same party and ideology as the appointing president Judges and justices may not rule the way presidents had hoped they would have.

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36. The Courts as Policymakers Accepting Cases Use the “rule of four” to choose cases Issues a writ of certiorari to call up the case Supreme Court accepts few cases each year

39. Making Decisions Oral arguments heard by the justices Justices discuss the case One justice will write the majority opinion Dissenting opinions Written by justices who oppose the majority. Concurring opinions Support of the majority- stress a different legal basis. Stare decisis Let previous decision stand unchanged Precedent How similar past cases were decided May be overruled Original Intent- the idea that the Constitution should be viewed according to the original intent of the framers

41. The Courts as Policymakers Judicial implementation How and whether court decisions are translated into actual policy. Must rely on others to carry out decisions

42. CHECKS ON THE POWER OF THE COURT • LACK OF ENFORCEMENT (NO JUDICIAL POLICE) (PRESIDENT ANDREW JACKSON) • SENATE MUST OK JUDGES • CONGRESS CAN IMPEACH JUDGES • CONGRESS CAN CHANGE # OF JUDGES • LAWS CAN BE REWRITTEN • THE CONSTITUTION CAN BE AMENDED

43. The Courts and the Policy Agenda • A Historical Review • John Marshall and the Growth of Judicial Review • Marbury v. Madison (1803) established judicial review—courts determine constitutionality of acts of Congress • The “Nine Old Men” (New Deal) • The Warren Court • The Burger Court • The Rehnquist Court

44. 1787-1861 ERA FEDERAL-STATE RELATIONS McCULLOCH v MARYLAND (1819) SLAVERY DRED SCOTT v SANDFORD (1857)

45. JOHNMARSHALL4THCHIEFJUSTICE OF THEU.S.SUPREMECOURT(1801-1835)

46. 1862-1937 ERA GOV’T - ECONOMY RELATIONSHIP FOR PRIVATE PROPERTY RIGHTS LAISSEZ-FAIRE CAPITALISM FOR STATE REGULATION RIGHTS

47. 1938-2000 PROTECTION OF PERSONAL LIBERTIES 2000 - ??? LIMITS OF GOVERNMENT POWER ??? PROTECTION OF SOCIETY ???

49. EARLWARRENCHIEFJUSTICE1953-1969(LIBERAL)(NIXON)

50. WILLIAMREHNQUISTCHIEFJUSTICE1986-2005(CONSERVATIVE)(REAGAN)