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•  Racism •  Abortion •  Gay marriage •  Pornography •  Death penalty •  Drugs •  Eminent domain •  Torture

•  Intelligent design or evolution

•  Guantanamo Bay detainees

•  Patriot Act •  Stem cell research •  Terrorism •  10 Commandments

Chapter 11 The Federal Court System

Sec5on 11-‐1 Powers of the Federal Courts

The US Court System

•  The United States has a dual court system – state AND federal courts

•  Each has its own jurisdiction – Jurisdiction - a court’s authority to hear

certain cases

•  State courts have jurisdiction over cases involving state laws

Jurisdic5on of the Courts

•  Federal courts have jurisdiction over cases involving – US laws – Foreign treaties –  Interpreting the Constitution – Bankruptcy – Admiralty (maritime) law – Any cases involving

•  Ambassadors, 2 or more states, or the US gov’t

Jurisdic5on of the Courts

•  Trial courts are district courts that have original jurisdiction

•  Courts of appeals have only appellate jurisdiction - authority to hear cases appealed from district courts. – The Supreme Court has both original &

appellate

Chart of the Fed. Court System – pg 306

“We are under a Cons5tu5on, but the Cons5tu5on is what the judges say it is.”

Chief Justice Charles Evans Hughes 1930 - 1941

The Power of the Courts

1.  No federal court may initiate action – Cases must be started by litigants (the

people who are suing)

2.  Federal courts only determine cases; they can’t simply answer legal questions

3.  The Courts may review acts of Congress (judicial review) - Marbury v. Madison (1803)

Sec5on 11-‐2 Lower Federal Courts

2 Types of Courts

•  Constitutional courts – created to carry out the constitutional functions of the judicial branch

•  Legislative courts – created to help Congress exercise its powers

Cons5tu5onal Courts

•  Federal district courts (trial courts that hear 80% of federal cases)

•  Federal courts of appeals •  US Court of International Trade - hears

cases dealing with tariffs

Cons5tu5onal Courts

•  The federal district courts – trial courts for both civil and criminal cases

•  In criminal cases, there are two types of juries •  grand jury (16-23 people) - hears charges

against a person accused of a crime and issues indictments (formal accusations)

•  petit jury (6-12 people) - trial jury, weighs the evidence presented at trial

Job Opportuni5es in District Court

•  US attorney – prosecutes cases & represents the US in court

•  US magistrate – issues arrest warrants, calls grand juries

•  Bankruptcy judge •  US marshal – arrests people, organizes

juries •  Clerks, bailiffs, & stenographers – keep

records of court proceedings

Courts of Appeals

•  The 13 courts of appeals – 12 judicial circuits (regions) •  1 national court of appeals

•  The courts of appeals may: – uphold the original decision •  reverse the decision •  send the case back to the original court to be

tried again.

Legisla5ve Courts 1.  US Court of Federal Claims – can sue the US

gov’t for money owed

2.  US Tax Court 3.  US Court of Appeals for the Armed

Forces 4.  Territorial Courts 5.  Courts of the District of Columbia 6.  Court of Veterans’ Appeals – hears unsettled

veterans’ claims

7.  Foreign Intelligence Surveillance Court – may issue warrants to secretly wiretap without probable cause

How are Federal Judges selected?

•  The Constitution says: President appoints all federal judges (with Senate’s approval) – Senatorial courtesy

•  Often chosen based on their ideology, but it’s hard to predict the decisions they will make. – Eisenhower &

Chief Justice Earl Warren

Jury Duty!!

•  Extra credit – find & interview someone who has served jury duty – report back their impressions of the experience – Up to 15 points possible – Due: Monday, Dec. 8

In-‐class Essay:

•  Do you support or oppose lifetime tenure for federal judges? Explain.

In-‐class essay:

•  Would you rather have justices who are essentially impartial in their judgments or who share your own political attitudes appointed to the Supreme Court? Explain.

Sec5on 11-‐3 -‐ The Supreme Court

“riding the circuit”

•  Early Years: judges didn’t really want the job –  Involved “riding the

circuit” around the country to hear cases

•  Today: all cases are heard in the Supreme Court building on Capitol Hill

Supreme Court Jus5ces

•  Congress sets the number of Supreme Court justices & the salary – 9 justices since 1869 – 1 chief justice – $208,100 – 8 associate justices – $199,200

•  Congress may impeach justices for “high crimes & misdemeanors”

The Supreme Court’s Du5es

•  Choose which cases to hear

•  Decide the cases •  Write the court’s

opinion

•  Chief Justice also presides over the hearings à

Job Opportunity with the Supreme Court

•  Law clerks – – research cases – summarize key issues in

cases – assist in writing drafts

of justices’ opinions

Chapter 12 Supreme Court Decision-‐making

Sec5on 12-‐1 The Supreme Court at Work

Interes5ng fact…

•  Today’s powerful Supreme Court seemed weak when the federal government was established. The Court heard no cases at all during its first three years. The first chief justice, John Jay, served only until 1795, and spent much of that time away from the Court, negotiating a treaty to settle a dispute with Britain.

The Supreme Court

•  Meet year-round – hear cases for 2 consecutive weeks/month – spend the other 2 weeks writing opinions – Current Supreme Court calendar

How Cases Reach the Court

•  Original cases •  Writs of certiorari – a request from

the Supreme Court to send up a case’s records for review

•  Appeals – The Solicitor General is the federal

govt’s lawyer – represents the US when involved in a S.C. case •  Currently: Donald Verrilli à

How Cases Reach the Court

•  The “Discuss List” – list of possible cases the S.C. hears

•  The S.C. is not required to hear every case that is petitioned to it – At least 4 of the 9

justices must vote to hear it

•  Many cases don’t have a full court hearing – The S.C. may decide

them right away & issue a per curiam opinion

Steps in Deciding Major Cases

(For cases that will receive a courtroom hearing)

1.  Lawyers submit briefs – written statements explaining the legal arguments, relevant facts, & precedents supporting their side of the case –  Other groups may submit amicus curiae

briefs


2.  Oral arguments in the courtroom •  30 minutes for each side •  no witnesses


3.  Justices meet in private conference to debate •  usually on Fridays •  discuss their views & everyone votes


4.  Justices write opinions – written statements explaining the court’s decisions –  Unanimous opinion – all justices

agreed –  Majority opinion – written by a

justice on the “winning” side (usually the Chief…) •  Concurring opinion – written by a justice

who voted in the majority, but for reasons not stated in the majority opinion

–  Dissenting opinion – written by a justice on the “losing” side

Sec5on 12-‐2 Shaping Public Policy

The Supreme Court is…

•  “somewhat of an umpire. It considers what the Congress proposes, or what the executive proposes, and rules upon these laws, proposals, and claims by comparing them with the law as laid down by the Constitution.” – Justice Tom Clark

A poli5cal & legal ins5tu5on…

•  Legal: Settles disputes & interprets laws •  Political: determines national policy by

HOW it applies the law

3 Tools for Shaping Policy

•  Judicial review •  Interpreting the meaning of laws •  Overruling previous decisions

How judicial review shapes policy:

•  Judicial review – the power to examine laws & actions at all levels of gov’t & cancel them if they’re unconstitutional –  Dred Scott (1857) –  Brown v. Board of Education of Topeka, Kansas

(1954) –  Ex parte Milligan (1866) –  Train v. City of New York (1975) –  Miranda v. Arizona (1966)

How the interpreta5on of laws affects public policy:

•  Congress uses vague language when it writes laws – the Exec. & Judicial branches must decide how the law applies

•  PGA Tour, Inc. v. Martin (2001) •  Lau v. Nichols (1974)

How the power to overturn earlier rulings affects public

policy: •  The Court’s rulings become

precedents on which to base other similar decisions

•  However, since times & court membership changes, earlier decisions may be overturned or reversed – “wisdom too often never comes, so

one ought not to reject it merely because it comes late.” •  Olmstead v U.S. (1925) •  Katz v. U.S. (1967) •  ACLU v. U.S. – Court refused to hear case

in 2008

Limits on the Supreme Court

•  The Court usually only hears cases involving domestic issues –civil liberties, economics, interstate disputes

•  The Court hears only cases where its decision will make a difference, not merely those which decide a point of law.

•  The Court avoids political issues.


•  The Court cannot choose issues to rule on, cases can only be brought to them from elsewhere in the legal system. – The Court may show its interest in an issue

by taking on a certain case.


•  The Court has limited ability to enforce its decisions. Noncompliance by other courts also is difficult to monitor. – “(Chief Justice) John Marshall has made his

decision, now let him enforce it.” – President Andrew Jackson

In-‐class essay:

•  Although there are clear limits on the Supreme Court’s powers, some critics claim that the Court sometimes exceeds its constitutional power by changing public policy on controversial issues such as abortion and minority rights. Do you agree? Explain.

Sec5on 12-‐3 Influencing Court Decisions

Six Forces That Shape Supreme Court Decisions

1.  existing laws 2.  justices’ personal views 3.  interactions among justices 4.  social forces & public attitudes 5.  the President 6.  Congress

1. How Exis5ng Laws shape court decisions

•  Justices must base their opinions on the law, not on personal opinions.

•  The Court must interpret laws & relate their interpretations to the Constitution, current laws, & legal precedents

2. How Jus5ces’ personal views Shape Court Decisions

•  Justices monitor important issues; some become identified with them. – Justice Ruth Bader Ginsberg – women’s rights

•  As justices retire, majority voting blocs on certain issues may change. – bloc - coalition that promotes a common

interest.

3. How Rela5ons Among the Jus5ces Shape Court Decisions

•  Personal relations among justices may influence the Court’s decisions

•  The chief justice’s skillful leadership can help promote harmony – Harmony = More agreement

4. How Society Shapes Court Decisions

•  The Court’s authority depends in part on public acceptance of its decisions

•  Justices are influenced by the values & beliefs of society, just like us; their decisions usually reflect important societal changes – Ex. Plessy v. Ferguson & Brown v. Board of

Educ.

5. How The President Shapes Court Decisions

•  Appoints justices •  Executive branch must enforce the

Court’s decisions – may do so vigorously or with little

enthusiasm

6. How Congress Shapes Court Decisions

•  Congress has the power to – propose a constitutional amendment to

overturn a decision, such as the 16th– income tax

– set (but not reduce) justices’ salaries – use its confirmation power to shape

the Court’s position on social issues

TELEVISED COURT PROCEEDINGS Supreme Court Reform Proposals:

TERM LIMITS FOR JUSTICES (ALLOWING THEM TO SERVE FOR A CERTAIN LENGTH OF TIME, NOT FOR LIFE)

Supreme Court Reform Proposals:

SETTING A MANDATORY RETIREMENT AGE


SPECIFYING CERTAIN SEATS ON THE COURT MUST BE FILLED WITH DEMOCRATS OR REPUBLICANS


TELEVISING ALL CONFIRMATION HEARINGS FOR COURT NOMINEES


Reminder: Jury Duty Bonus!!

•  Extra credit – find and interview someone who served on jury duty – report back their impressions of the experience – Up to 15 points possible – Due Monday, Dec. 8

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