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THE JUDICIARY

THE JUDICIARY. Early Days of the Supreme Court. The Founders expected that the courts would have “ judgment ” about cases, that is, the power to resolve disputes brought before them; thus: The courts were to be the “ least dangerous ” branch;

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THE JUDICIARY

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  1. THE JUDICIARY

  2. Early Days of the Supreme Court • The Founders expected that the courts would have “judgment” about cases, that is, the power to resolve disputes brought before them; thus: • The courts were to be the “least dangerous” branch; • The Supreme Court was not given a formal home until 1935

  3. Establishing Judicial Review • Marbury v. Madison (1803) sets the precedent for the court to declare laws or actions of government officials unconstitutional: • The Constitution is seen as the supreme law of the land and contradictory laws are unconstitutional; • Judges can be trusted to interpret the Constitution because they take an oath to uphold it

  4. National Supremacy • McCulloch v. Maryland (1819) – the Court interprets the “necessary and proper” clause to allow Congress to legislate where its powers are not clear.

  5. A Changing Court, I • The Court reflected where its justices came from in the period of industrialization; thus the Court: • invalidated laws regulating child labor, maximum hours of work, and minimum wages; • limited both workers joining unions and unions from striking; • also limited antitrust laws

  6. A Changing Court, II • Roosevelt’s court-packing plan (1936) causes the Supreme Court to protect itself by going along with presidential initiatives.

  7. A Changing Court, III • The Warren Court (1953-1969) – brought about significant changes in: • civil rights and liberties; • criminal defendants’ rights; • reapportionment

  8. A Changing Court, IV • The Burger (1969-1986) and Rehnquist courts (1986-2005) proved to be more conservative: • Uncertain about whether to eliminate liberal doctrine; • Conflicts among conservatives led to a divided court; • Changes made to legal doctrine instead

  9. Structure of the Courts, I • The District Courts: • 94 courts, 1 for each state; • Multiple judges, although only one judge or jury decides a case; • Trial-level courts

  10. Structure of the Courts, II • The Courts of Appeal: • 12 courts based on regions of the country called circuits; • Intermediate appellate courts; • Panels of three judges decide cases

  11. Jurisdiction • The authority to hear and decide cases: • Federal courts – cases in which the subject involves the US Constitution, statutes, or treaties; maritime law; cases in which litigants include the US government, state governments, and/or citizens; • State courts – cases involving criminal matters in the states

  12. Judges • Senatorial courtesy – senators of the president’s party recommend or veto candidates from their state for judgeships in their states; • The Senate Judiciary Committee – the battleground for controversial nominations

  13. Presidential Criteria • Usually someone from the president’s party; • Ideological views of the candidate; • Diversity on the courts

  14. Tenure of Judges • Serving “during good behavior” judges and justices can only be removed by impeachment for “high crimes and misdemeanors”

  15. Independence of Judges • Presidents may try to influence individual judges/justices but generally judges/justices vote as they see fit: • One-quarter of judges/justices deviate from presidential expectations; • Presidents who carefully search for candidate usually get who they want

  16. Access to the Courts • Types of court cases: • Criminal cases – those in which government prosecutes persons for violating the law; • Civil cases – those in which persons sue others for denying their rights and causing them harm

  17. Wealth Discrimination in Access • Money often determines whether you have sufficient or effective representation in court.

  18. Interest Groups Help in Access • About half of all Supreme Court cases involve a liberal or conservative interest group. Types of groups: • The ACLU; • The NAACP; • The Rutherford Institute

  19. How a Case Gets to the Courts • Cases usually start in district courts; • Cases then may proceed on appeal to the Appellate courts; • Appeals may be taken to the Supreme Court; • Or, the Supreme Court may decide to hear a case itself and issue a writ of certiorari

  20. Deciding Cases • Courts may either interpret statutes or interpret the Constitution; • Judges/justices generally exercise discretion in deciding cases

  21. Approaches to the Law • Restrained judges – see the judiciary as the least democratic branch and therefore accept the laws and actions of the other branches rather than substitute their own views; • Activist judges – less concerned with deference and proper procedures, do not see the courts as undemocratic, and claim that declaring laws unconstitutional enhances the law

  22. Following Precedents • Stare decisis – “stand by what has been decided”, meaning that the courts goes along with decisions from previous cases: • Provides stability in the law; • Judges/justices still exercise discretion in choosing which precedents to follow

  23. Briefs, or written arguments are submitted; The Court holds oral arguments; Lawyers present their arguments with justices frequently interrupting; Each side has a half hour Friday conferences are held to discuss cases; Opinions are assigned and written to try and influence supporters; Votes are eventually taken and other opinions written Cases at the Supreme Court

  24. The Use of Judicial Review • Over 150 provisions of federal laws; • Over 1,200 provisions of state and local laws; • Judicial review has been used sparingly and the Court has ignored many issue-areas

  25. Checks on the Courts • Presidents may appoint new judges when vacancies occur; • Presidents may refuse to enforce court rulings but also may run into public pressure to do so; • Congress may overturn court rulings through constitutional amendments, but this is difficult

  26. The Founders did not intend for the courts to be responsive to the public; • The courts are part of the political process, and are sensitive to it

  27. Role of the courts in American government Make policy Can undo work of representative institutions Judicial Activism or Judicial Restraint? Constitutional advocates? Bush v. Gore Citizens United v. FEC

  28. Conferral of power on federal courts • Constitution • Judiciary Act of 1789 • The Act set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices. • The Act also created 13 judicial districts within the 11 states that had then ratified the Constitution • This Act established a circuit court and district court in each judicial district

  29. The Act created the Office of Attorney General, whose primary responsibility was to represent the United States before the Supreme court. The Act also created a United States Attorney and a United States Marshal for each judicial district

  30. A clause granting the Supreme Court the power to issue writs of mandamus (we command) outside its appellate jurisdiction was declared unconstitutional by Marbury v. Madison 5 U.S. 137 (1803), one of the seminal cases in American law. Thus, the Judiciary Act of 1789 was the first act of Congress to be partially invalidated by the Supreme Court. • The Judiciary Act of 1789 included the Alien Tort Statute which provides jurisdiction in the district courts over lawsuits by aliens for torts (civil wrongs) in violation of the law of nations or treaties of the United States. • Marbury v. Madison • Judicial review

  31. Judicial review of presidential actions U.S. v Nixon U.S. v. NYT Gitmo?

  32. Judicial review of state laws

  33. Organization of Federal Courts today

  34. U.S. District Courts • 94 • Trial court • Civil cases • Criminal cases • Most settle out of court

  35. Federal Circuit Court of Appeals 12 regional courts 13th court

  36. Federal court of appeals(cont.) Panel of 3 Opinion writing Stare decisis

  37. Supreme Court • Equal justice under the law while making justice the guardian of liberty • Jurisdiction: original and appellate

  38. Supreme Court (continued) Control over docket (rule of four) Solicitor general Amicus curiae brief Grant review Oral arguments Conference Judgment Chief justice

  39. COURT SYSTEM

  40. How does a person become a judge? • Nominations - Senate Judiciary committee • Senatorial courtesy • Political ideology • Supreme Court Justices

  41. SCOTUS

  42. U.S. Supreme Court 2010

  43. Supreme Court of the United States • Supreme Court is the ultimate court of appeals in the United States. • Usually this is determined by the rule of law or process..not the merit of the case. • Their power to hear a case is discretionary and they do not have to give any reason for refusing to hear a case from their docket.

  44. SCOTUS • If the Supreme Court chooses to hear a case, the lower court ruling stands. • If they chose to not a hear a case, they do not have to give any rationale for why why they have chosen not to hear the case..but sometimes they do.

  45. Session • First Monday of October each year and usually continues in session through June. • Receives and disposes of approximately 5,000 cases a year. • A) Subject matter is not proper. • B) Subject matter is not sufficient to warrant a review of the full Court.

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