chapter 9 - judiciary


The Judiciary

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Court Structure and ProcessesExplain how American court systems are organized.

The Power of American JudgesIdentify the reasons why American judges are powerful actors in the governing system.

Judicial SelectionOutline the selection process for federal judges.

Judges’ Decision-MakingExplain the theories concerning how Supreme Court justices reach their decisions.

Key Objectives

9.1

12.9.4

9.3

9.2

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Action in the Court PathwayCharacterize the litigation strategies used in the court pathway.

Implementation and Impact of Court DecisionsEvaluate the courts’ effectiveness in enforcing judicial decisions.

Judicial Policymaking and DemocracyDescribe the debate over whether it is appropriate for judges to shape public policy in a democracy.

Key ObjectivesAfter completing this chapter, you should be prepared to:

9.5

9.7

9.6


Court Structure and Process

• Adversarial versus inquisitorial systems• The U.S. court system is a dual court

system containing:– Trial courts– Appellate courts– Supreme court

• These courts’ jurisdiction includes– Criminal prosecutions– Civil lawsuits

Explain how American court systems are organized.9.1

Back to Learning Objectives


Structure of the American Court System9.1



Trial Courts

• U.S. district courts.– 94 Districts Courts– Each state has at least 1 district court– Within each district, there may be multiple

judges and courthouses– District court jurisdiction includes

• Matters concerning federal law (constitutional or statutory)

• Certain lawsuits between citizens of different states

9.1



Trial Courts

• Original jurisdiction• Lawyers present arguments

– Jury trial– Bench trial

• Most cases do not reach trial– Civil trials are concluded through settlement– Criminal trials are concluded through

plea agreements

9.1



Appellate Courts• Divided into twelve circuits and also includes a special

circuit for patent and trade disputes• The highest appellate court is the U.S. Supreme Court• No juries• Judges

– Hear oral arguments and review appellate briefs– Judges will issue opinions

• Majority opinions• Concurring opinions• Dissenting opinions

9.1



The U.S. Supreme Court• The justices choose 70 to 80 cases which petitioned the

Court seeking a writ of certiorari– A significant constitutional question must be present– The issue must not be moot– The “rule of four”

• Appellate brief are reviewed and oral arguments are heard• The justices meet privately and decide in conference• If the chief justice is in the majority, he selects the justice

who will author the opinion, if he is not, the next most senior justice will assign the opinion

• The opinion of the court is announced and the ruling is published

9.1



Geographic Jurisdiction of Federal CourtsThe U.S. Courts of Appeals are divided into regional circuits throughout the country. Each numbered circuit handles appeals from federal cases in a specific set of states.

9.1



The Power of American Judges

• Federalist No. 78, Alexander Hamilton called the judiciary the “least dangerous” branch of government

• Judges provide meaning for laws created by other institutions, as well as for law they develop themselves in judicial decisions

Identify the reasons why American judges are powerful actors in the governing system.9.2



Marbury v. Madison

• John Adams lost the presidential election to Thomas Jefferson. Before leaving office, he nominated and the Senate confirmed a number of magistrates.

• William Marbury, one of those named, failed to receive his commission.

• Using the Judiciary Act of 1789, Marbury sought relief from the Supreme Court requesting a writ of mandamus against John Madison.

• The court ruled that Marbury, although entitled to his commission, relied on an unconstitutional provision of the Judiciary Act in seeking a writ of mandamus from the Supreme Court without first proceeding through the lower courts.

9.2



Federal Judges’ Protected Tenure

• Federal judges are nominated by the president and confirmed by the Senate for lifetime appointments

• Lifetime appointments are controversial– Lack accountability– Detached from ‘modernity’

• Removal for cause occurs through impeachment

9.2



Judicial Selection

• The Constitution specifies that federal judges must be appointed by the president and confirmed by a majority in the U.S. Senate

– Senatorial courtesy

• Nominations are first submitted to the Senate Judiciary Committee, which hold hearings

• The Judiciary Committee members vote whether to recommend the nomination to the full Senate

• The full Senate votes on the confirmation

Outline the selection process for federal judges.9.3


Judicial Selection in the Federal System


Judicial Selection (cont’d)

• States use four primary methods to choose judges– partisan elections– nonpartisan elections– merit selection– gubernatorial or legislative appointment

9.3


Judicial Selection in the States


Judicial Decision-Making

• Judges make decisions by following established legal rules, however, they rely on their own values and judgments.– Facts are considered– Case precedent is used– Judges may reject precedent if an appellate

court might consider their reasoning would provide justification to overturn precedent. This is particularly true in cases of new law!

Explain the theories concerning how

Supreme Court justices reach their decisions.9.4



Strict Construction Versus Activism

• Strict constructionists argue that the Constitution must be interpreted in strict accordance with the original meanings intended by the people who wrote and ratified the document.

• Interpretations of the Bill of Rights lead to broad definitions of rights affecting criminal justice, issues of race and gender, and other policy disputes.

• Flexible interpretation

9.4



Political Science and Judicial Decision-Making

• Legal model

• Attitudinal model

• Strategic voting model

• New institutionalism

9.4



Action in the Court Pathway

• Courts are not easily accessible to the average American

• Claims must be presented in the form of legal cases that embody disputes about rights and obligations under the law

Characterize the litigation strategies used in the court pathway.9.5



Interest Group Litigation• Expertise

– Knowledge in the areas of law relevant to the case as well as experience in trial preparation or appellate advocacy

• Litigation Resources– Various expenses in addition to the attorneys’

fees, unless the attorneys are working the case pro bono

9.5



Elements of Strategy• Selection of Cases

– Test cases with compelling facts may provide the vehicle by which a law can be challenged

• Jurisdiction– State or federal? A particular court with a

specific judge• Framing arguments

– Decide which legal issues to raise– File amicus curiae briefs

• Public relations and the political environment– Gain sympathetic media coverage

9.5



Implementation and Impact of Court Decisions

• Court decisions are not automatically implemented or obeyed

• In some cases, federal judges were the only actors positioned to push the country into politically unpopular changes because they would not lose their jobs

Evaluate the courts’ effectiveness in enforcing judicial decisions.9.6



Judicial Policymaking and Democracy

• American judges possess the power to shape public policy but this power has risks.

• The American conception of constitutional democracy relies on citizen participation and majority rule plus the protection of rights for individuals, including members of unpopular political, religious, racial, and other minority groups

Describe the debate over whether it is appropriate for judges to shape public policy in a democracy.9.7



A dual court system means

A. separate courts that handle civil and criminal matters.

B. separate courts that handle felonies and misdemeanors.

C. separate courts for state and federal jurisdictions.

D. separate courts that deal with national and international matters.



Which of the following is NOT true about trial courts?

A. Trial courts are courts of record.B. Trial courts have original jurisdiction.C. Trial courts can provide jury trials.D. Trial courts do not use bench trials



Judicial review was established by

A. McCollough v. Maryland.B. Marbury v. Madison.C. US v. Nixon.D. Cherokee Nation v. Georgia.



Which of the following is NOT true about the way judges obtain office?

A. In some states, they run in partisan elections.

B. In some states, they run in non-partisan elections.

C. In some states, they are appointed by the governor for life.

D. In some states, merit selection is used to choose judges.



What do you think?Do judges ‘legislate’ from the bench?

YES. When they create ‘rights’ that do not exist in the Constitution, they are stepping outside their authority.

NO. Judges recognize changes in society and interpret the Constitution to reflect those changes.



What do you think?Given the nature of what judges do,

should they be elected by the public?

YES. Judges should be elected by the public so that there is a means to hold them accountable for the decisions they make.

NO. Members of the public do not have the means by which to measure ‘effectiveness’ of judges. The most competent judges are best selected through appointment.



Credits

282, AP Images/Evan Vucci; 284, Ben Curtis/ Pool/ Corbis; 287 Jim Young/Reuters/Landov; 288-289 The Collection of the

Supreme Court of the United States (9); 290 The Granger Collection; 292, The Boston Athenaeum; 294, left to right: AP Images; George Tames/The New York Times/Redux Pictures; 299, left to right: AP Images/J. Pat Carter; AP Images/Madalyn Ruggiero; 300, Chip Somodevilla/Getty Images; 303, Andrea Bruce/Washington Post/Getty Images; 308 Doug Mills/The New York Times/Redux Pictures; 311, top to bottom: Kevin Dietsch/UPI/Landov; Michael Reynolds/DPA/Corbis; Jason Reed/Reuters/Landov


chapter 9 - judiciary

Documents

pearson education

longman court structure

court pathway

longman federal judges

american court systems

longman appellate courts

supreme court justices

learning objectives