THE COURTS Chapter 14 By Jennifer Thomas, Kelly Quirk, Gabriella Callahan and Aaron Robison
THE UNITED STATES JUDICIAL SYSTEM The power of the courts to shape public policy creates a difficult problem for democratic theory. When judges undo the work of elected majorities (which was surely the case with government-sponsored racial separation), they risk depriving the people of the right to make the laws or to govern themselves.
NATIONAL JUDICIAL SUPREMACY Judiciary Act of 1789, gave life to a system of federal (national) courts that would coexist with the courts in each state In the beginning, Supreme Court Justices spent much of their time as individual traveling judges (‘‘riding circuit’’); disease and poor transportation were everyday hazards. The Justices met as the Supreme Court only for a few weeks in February and August.
JUDICIAL REVIEW OF OTHER BRANCHES The decision in Marbury v. Madison established the Supreme Court’s power of judicial review —the power to declare congressional acts invalid if they violate the Constitution. Subsequent cases extended the power to cover presidential acts as well. Marshall expanded the potential power of the Supreme Court to equal or exceed the power of the other branches of government. Should a Congressional act (or, by implication, a Presidential act) conflict with the Constitution, the Supreme Court claimed the power to declare the act void. The Judiciary would be a check on the Legislative and Executive branches, consistent with the principle of checks and balances embedded in the Constitution. In more than two hundred years of practice, the Supreme Court has invalidated only about 160 provisions of national law.
Judicial Review of State Government When acts of the national government conflict with the Constitution, the Supreme Court can declare those acts invalid. The Court ruled that the Constitution’s Supremacy Clause (Article VI), which embraces national laws and treaties, nullified the state law. The Exercise of Judicial Review The power of the courts to declare national, state, and local laws invalid if they violate the Constitution The supremacy of national laws or treaties when they conflict with state and local laws The role of the Supreme Court as the final authority on the meaning of the Constitution
ORGANIZATION OF COURTS Criminal and State cases are reviewed at the State level. Criminal cases involve a crime or violation of public order. Civil cases involve a private dispute arising from such matters as accidents, contractual obligations, and divorce.
PROCEDURE AND POLICYMAKING Plea-bargain: § negotiating the severity and number of charges to be brought against the defendant. Often the parties settle (or resolve the dispute between themselves) because of the uncertainties in litigation. Common (or judge-made) law: legal precedents derived from previous judicial decisions. U. S. District Courts: § courts within the lowest tier of the three-tiered federal court system; courts where litigation begins. U. S. Courts of Appeals: § courts within the second tier of the three-tiered federal court system, to which decisions of the district courts and federal agencies may be appealed for review. Cases are neither settled nor abandoned, they end with adjudication, a court judgment resolving the parties’ claims and enforced by the government.
THE U. S. COURTS OF APPEALS (CONT’D) To recap thus far: The Supreme Court had a breath of life from the Judiciary Act of 1789, but wasn’t a true force in our government until Marbury v. Madison, which established judicial review and checks and balances. Certain trials are heard by the State, then work their way up to the Supreme Court based on verdict. There are different courts for different scenarios. For those following along at home, we’re now on page 456
Appellate court proceedings are public with no jurors or witnesses or cross- examinations The Courts of Appeals are regional courts: they usually convene in panels of three judges. After the review of briefs the three judge panel meet to reach a judgment. When a decision is made its influence can reach well beyond the immediate THE US COURT OF APPEALS CONTINUED § Ex: A lawsuit turning on the meaning of the Constitution produces a ruling, which then serves as a precedent. Each appeal court hears cases from a circuit The United States is divided in twelve circuits Precedent: a judicial ruling that serves as the basis for the ruling in a subsequent case. Stare-decisis: literally a ”let the decision stand” decision making according to precedent. Judges on the courts of appeals direct their energies to correcting errors in district court proceedings. Decisions by the courts of appeals ensure a measure of uniformity in the application of national law. Laws may be interpreted differently in different courts of appeals. The problem of conflicting decisions in the courts can be corrected by review in the
THE SUPREME COURT Equal Justice Under Law, and Justice, The Guardian Of Liberty are inscribed on the Supreme Court Building. These mottos reflect the Court’s difficult task: achieving a just balance among the values of freedom, order, and equality. § Ex: burning of the flag during political protests, school desegregation –Brown v. Board of Education (1954) the Supreme Court carried the banner of racial equality by banning down against segregation in public schools.
There are rules that must be followed to bring a case to the Supreme Court. There are two sources how Supreme Court cases arrive: the first is the Court’s original jurisdiction , the second is appellate jurisdiction. Original jurisdiction : § the authority of a court to hear a case before any other court does. Appellate jurisdiction : § the authority of a court to hear cases that have been tried, decided or reexamined in other courts. Cases cannot go from State to Supreme Court and the case must raise a federal question. Federal question : § an issue covered by the U. S. Constitution, national laws or U. S. Treaties. The Supreme Court only selects a handful of cases; they have control over their docket (agenda). To have a case approved the justices must agree to the case warrants full consideration-there only has to be four votes to place a case on the docket. This agreement is called rule of four. Business cases represent a majority of the Court’s docket. ACCESS TO THE COURT
Solicitor General: § the third highest official of the U. S. Department of justice, and the one who represents the national government before the Supreme Court. The Solicitor General is appointed by the President Cases that are heard by the Supreme Court are chose by decision making criteria such as issues dealing with economic or social costs, or those weighing the ultimate outcome. Duties of the Solicitor General are: § Determining whether the government should appeal decisions, reviewing and modifying, deciding whether the government should file amicus curiae brief. Solicitor General is an advocate for the president’s policy, and is an officer of the Court. THE SOLICITOR GENERAL
On ce the Co urt grants a r eview an attorney submits writ te n b riefs. Arguments are heard from the att orn eys by j ustices. Du ring t he arguments the just ices a re not allowed to speak to each other. Once th e a rgume nts are heard the justices go into con fe rence. Wh ile in c onference there is a Chief Justice that beg ins the presentation, they then present their vote, whic h then the justices present their votes. Once the totals a re made of the ju stices cases are assigned. To r ecap : A ppellate Court s ar e held with no jury, wi tn e sses o r cross-examinat ions. . The Court of Appe als ma y i nterpret laws directly. In the Supreme Co urt , the main purpose is t o insure freedom, order and equality. To bring a case before the Supreme Co urt there must be orig inal ju risdiction and appel late jurisdiction. These cases must also come wi th a federa l question and must also be selected by th e Supreme Court; they contr ol their docket. The Solic i to r General is appoint ed by the President to det ermine whether the government to appeal these dec i sions. DECISION MAKING If you’re still following along at home, we’re now on page 465.
STRATEGIES OF THE COURTS If a case reaches the Supreme Court than it is most likely a big deal so these justices are used to stressful cases and decisionmaking. As humans these justices are going to have values that will affect the way they decide or vote on issues. Depending on whether they are conservative or liberal plays a role also. Each justice has a different background and that plays a role in decision-making too.
The Chief Justice's responsibilities are: Forming the docket and directing the court's conferences. He is the social leader within the group. He is the policy leader. He must maintain control within the group. The Chief Justice rarely engages in a debate but instead just sends memos to the other justices as a form of communication. Salaries range from $160, 000 to $220, 000 among members of the Supreme Court on the state level. In most states the governor appoints the state judges. In other states, judges are elected by the people. Vacancies arrive when a judge resigns, retires, or dies. Sometimes a vacancy will arise if the caseload is too heavy for the current judges and they need help. The President must nominate someone and the Senate must then confirm him or her. CHIEF JUSTICE & JUSTICE RECRUITMENT
Judicial Restraint: § a judicial philosophy by which judges tend to defer to decision of the elected branches of government. Judicial Activism: § a judicial philosophy by which judges tend not to defer to decisions of the elected branches of government, resulting in the invalidation or emasculation of those decisions. Judgment: § the judicial decision in a court case. Argument: § the heart of a judicial opinion; it's logical content separated from facts, rhetoric, and procedure. Concurrence: § the agreement of a judge with the Supreme Court's majority decision, for a reason other than the majority reason. Dissent: § the disagreement of a judge with a majority decision. Senatorial Courtesy: § a norm under which a nomination must be acceptable to the home state senator from the president's party. Class Action: § a procedure by which similarly situated litigants may be heard in a single lawsuit. For recap’s sake: Only the biggest cases reach the Supreme Court. These decisions are crucial and often heard through the judge’s perspective, be it liberal or conservative. The Chief Justice has several responsibilities, among them setting the agenda, serving as both social and policy leader and maintaining order. He does not communicate with the judges during a trial, but rather sends memos. Salaries range among members of the Supreme Court, as does methods of election. Vacancies only open when a judge chooses to retire or the Courts become so flooded extra help is needed.
For Additional Information on the United States Judicial Branch, please look at these sources (as it is within your Constitutional Freedoms): http: //library. drury. edu: 2106/ehost/pdfvi ewer/pdfviewer? vid=4&hid=10&sid=2 c 32 2540 -349 c-4 a 8 f-891 ca 1952167 d 7 fa%40 sessionmgr 4 http: //www. supremecourt. gov/ http: //www. findlaw. com/casecode/supre me. html http: //judiciary. senate. gov/nominations/ Supreme. Court/Supreme. Court. cfm http: //en. wikipedia. org/wiki/Supreme_Co urt_of_the_United_States Power Point also available on slideshare, com
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