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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 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. • Fundamental fairness expectation Americans have of the judicial system • “That’s not fair” is a tacit reference to rule of law
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
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
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
Types of Courts • State versus federal • Trial versus appellate • State supreme court
Types of Courts • State vs. federal courts • Depends on the law in question • Federal law Federal court • State law State court • State cases can be appealed in the federal system if there has been a violation of the U.S. Constitution.
Types of Courts • Trial vs. appellate • Trial courts apply law to the facts of a given case. • Facts of the case are introduced • Judges and juries make sense of how facts relate to law. • Trial cases take both law and precedent into account.
Types of Courts • Trial vs. appellate • Appellate courts examine whether the law has been applied correctly in a trial court case. • New facts cannot be introduced. • If new facts are available, the case goes back to a trial court. • Appeals courts hear far fewer cases than trial courts • Typically dwell on complicated elements • Sole concern: whether laws applied correctly
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
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.
Types of Courts • Federal courts: • 94 judicial districts, plus three for territories • 11 regional circuits, plus one for the District of Columbia • U.S. Court of International Trade • U.S. Court of Federal Claims • U.S. Court of Appeals for the Federal Circuit • U.S. Court of Veterans Appeals • U.S. Court of Military Appeals
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.
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)
Federal Trial Courts • Original jurisdiction: the ability to hear a case for the first time • Appellate jurisdiction: the power to hear appeals from a lower court
Federal Appellate Courts • 89 courts in 50 states, +1 Puerto Rico, +1 D.C., three territories • Staffed by 679 judges • Almost always one judge per case • All areas of the United States and territories are covered by one of 12 circuit courts. • Each court has six to 28 judges. • Each trial usually has three judges.
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.
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.
Who Are Federal Judges? CHAPTER 15
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.
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).
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)
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.
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.
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
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.
Rules of Access • “Cases and Controversies”: there must be an actual dispute, not a hypothetical one. • Standing: a party must have standing to sue by being a stakeholder in the outcome. • Standing gives the legal right to initiate a case. • Mootness: a criterion used to dismiss cases that no longer require a resolution. • The issue is resolved; nothing to address.
Writ of Certiorari • SCOTUS is more likely to “grant cert” to cases where: • An important civil right or civil liberty is at stake. • Appellate courts have ruled differently on the same law, and it needs to be applied universally. • The federal government is filing the appeal.
Solicitor General • Federal government’s top lawyer • All cases before the Supreme Court are argued by an attorney from the solicitor general’s office, often by the solicitor general himself or herself. • When the solicitor general requests a writ of certiorari, the justices take the request extremely seriously.
Amicus Curiae • Amicus briefs can be filed by any stakeholder in a case, even if that person is not directly involved in the litigation. • Useful sources of legal interpretation and facts
Lobbying for Access • Some interest groups have long-term legal strategies. • Bring test cases under the most favorable circumstances • Bring cases in specific circuits, expecting the appeals court to side a certain way • Have access to top experts in the field
The Supreme Court’s Procedures • Preparation • Both sides submit briefs, as do other interested parties. • The attorneys will also prepare extensively for the questions they may face. • By the time a case reaches the Supreme Court, the original attorneys may be replaced by more experienced attorneys.
The Supreme Court’s Procedures • Oral argument • The Court meets three times per week when in session. • Each side gets a half hour, with many interruptions. • Sometimes, several different attorneys will address different aspects of the argument.
The Supreme Court’s Procedures • The conference • Justices meet by themselves on Wednesdays and Fridays when in session. • Hold an initial vote • Chief justice or most senior justice will assign a justice to write the majority opinion. • Usually the dissenting opinion is assigned as well. • Most opinions are written by the clerks under the supervision of the justice.
Traditional Limitations on the Court • Standing limits the ability of many to bring issues into the courts. • Members of Congress have repeatedly tried to force the president to obey the War Powers Act. • The Court is willing to protect classes, but hesitant to remedy with broad reparations. • The Court has no mechanism to force the other branches to obey. • Congress can limit access to the Court.
