Judicial branch notes
The federal courts
The Supreme Court
• The Constitution assigns the duty of interpreting the law to the courts.
The federal courts pose a special challenge to American
democracy• Federal judges are
appointed to their positions.
• And they are often in the thick of policymaking on issues ranging from abortion to prayer in public schools.
How can we reconcile powerful courts populated by unelected
judges with American democracy?
• Do they pose a threat to majority rule?
• Or do the federal courts actually function to protect the rights of minorities?
• To determine the appropriate role of the courts in our democracy, we must first understand the nature of our judicial system.
In addition to the Supreme Court, there are…
• 12 federal courts of appeals,
• a Court of Appeals for the Federal Circuit, and
• 90+ federal district courts
There are basically two kinds of law:
• criminal law where the government charges an individual who violated specific laws, such as robbery, and…
civil law which involves a dispute between two parties
• civil law cases range from divorce proceedings to mergers of multinational companies
It is important to remember that about 98% of all the
criminal cases in the U.S. are heard in state and local court
systems…• and, most
accused of federal crimes enter guilty pleas as part of a plea bargain
Also, the vast majority of civil cases in the federal courts are
settled out of court• Only about 2% of
the more than 250,000 civil cases in the federal courts are decided by trials.
What does the Constitution say about federal judges’
qualifications?
• absolutely nothing!
So… that begs the question: could a President appoint just anybody?
A historical review…
• Until the Civil War, the dominant questions before the Court concerned the strength and legitimacy of the federal gov’t and slavery.
From the Civil War until 1937…
Questions of the relationship between the federal gov’t and the economy dominated – like the “sick chicken” case in which the Court sided with the poultry industry
From 1938 to the present, the primary issues before the Court have concerned personal liberty and social and political equality.
In the last few decades, courts have made policies involving school busing,
abortion, bilingual education, prison conditions, and many other key
issues.
• Many scholars and judges favor a policy of judicial restraint, in which judges adhere (stick) closely to precedent and play minimal roles.
• On the other side are judicial activists who favor judges making bolder policy decisions. They say courts may alleviate (help) pressing needs
It is important to keep in mind that most judicial policymaking and enforcement of
laws take place in the state courts and the lower federal courts.
• Under the Articles of Confederation, there was no national judicial system; this resulted in somewhat chaotic situations when states disagreed or ignored each others’ decisions, so…
• the Constitution writers created a dual court system:– one national level
of courts – 50 state systems of
courts– This organization
obviously reflects the principle of federalism.
The vast majority of cases that make it to the Supreme Court
are from…1. state appellate
courts, and
2. lower (or inferior) federal courts
Federal courts
• Supreme Court – considered the highest court because it is the last court at which federal questions can be decided
Justices of the Supreme Court
• Chief Justice John Roberts– Bush appointee,
fall, ‘05– Harvard
undergraduate + Harvard law
– age 50– married, two
children
• John Paul Stevens• Ford
appointee (’75)
• U. of Chicago graduate, Northwestern U. law
• age 86• married, 4
children
• Antonin Scalia – Reagan
appointee (’86)– Georgetown U.
graduate, Harvard law
– age 70– married, 9
children
• Anthony Kennedy– Reagan
appointee, (’86)– Stanford U.
graduate, Harvard law
– age 70– married, 3
children
• David Souter– Bush the elder
appointee, (’90)– Harvard
undergraduate + Harvard law
– age 66– not married
• Clarence Thomas– Bush the elder
appointee (’91)– Holy Cross
graduate, Yale law
– age 57– married, 1 child
• Ruth Bader Ginsberg – Clinton
appointee (’93)– Cornell graduate,
Columbia law– age 73– married, 2
children
• Steven Breyer– Clinton
appointee, (’94)– Stanford
graduate, Harvard law
– age 68– married, 3
children
• Samuel Alito– Bush appointee
(’06)– Princeton
graduate, Yale law
– age 56– married, 2
children
The Supreme Court is the only court with both original and
appellate jurisdiction• has original
jurisdiction over any disputes among states and …
• any case brought against ambassadors
• up to 5,000 cases are appealed to the Supreme Court each year, but the Court only hears a few. At least 4 Justices have to agree to hear a case (“rule of four”)
•The Court decides about 120 cases each year
•When the Court accepts a case for review, it issues a writ of certiorari
•The Court works from the 1st Monday in October until the following June/July
Opinions of the Court
• majority opinion- also known as the Opinion of the Court
• concurring opinion – Justice agrees with the majority opinion, but for a different reason
• dissenting opinion – Justice disputes the majority opinion
• these opinions stand as precedents meaning they affect every state and federal law pertaining to the issue
Lower federal courts
• Courts of Appeals (12)
• district courts (90+) – hear the greatest number of cases
More federal courts…
• Court of International Trade – hears cases involving international law
• special courts – have limited jurisdiction– Court of Military Appeals – civilian judges– Court of Veterans Claims– Claims Court– Tax Court– courts of the District of Columbia– territorial courts (Guam, N. Marianas, Virgin
Islands)
Marbury v. Madison (1803)
• Its importance cannot be overstated – it established the right of judicial review
James Madison
U. S. Solicitor General
• Paul D. Clements• represents or
advises the gov’t when it is party to a suit
• chief attorney for U.S.
How much do the Justices make?
Chief Justice: $202,900 annually
Associate Justices:$194,200 annually