Chapter 14 The Courts Part II

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Chapter 14The Courts Part II
Instructor Kevin Sexton Course U.S. Political
Systems Southeast Missouri State University
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The Federal Court SystemWhat the Constitution
Says

• Article III (Judicial Article)
• Supreme Court shall be top court in the land.
• It is created by the Constitution (not Congress)
• Its judges shall serve for life (during times of
  good behavior)
• All other federal courts are created by Congress
• These judges are also appointed for life (times
  of good behavior)

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How Federal Judges Get Their Jobs

• ALL FEDERAL JUDGES ARE
• Appointed by the President of the United States
• And
• Confirmed by the United States Senate

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Powers of the Federal Courts

• Article VI Clause 2
• This Constitution, and the Laws of the United
  States which shall be made in Pursuance thereof
  shall be the supreme Law of the Land.
• Does this give the Federal Courts the ability to
  determine if an act of Congress (a law) is
  appropriate or constitutional?
• This power to review and declare actions of
  Congress null and void has become known as
• JUDICIAL REVIEW

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Judicial Review

• Marybury v. Madison(1803)
• John Adams appointed 42 new judges just before
  leaving office. His administration failed to
  deliver the official commissions. Therefore
  Thomas Jefferson and James Madison (Secretary of
  State) refused to seat these new judges.
• The Judiciary Act of 1789 allowed these
  appointees to request a court order forcing
  Jefferson and Madison to grant the appointments
  and seat these judges.
• William Marbury, one of the appointees sued
  Madison for his judgeship appointment before the
  Supreme Court.
• Chief Justice John Marshall, and the rest of
  the Supreme Court Justices refused to seat the
  new judges, not because they believed Jefferson
  and Madison did not violate the Judiciary Act of
  1789.
• Rather, because the Judiciary Act of 1789 was
  unconstitutional. This was the first time the
  Supreme Court (or any Federal Court) had declared
  null and void an act of Congress.
• This power has been one of the most extensive
  and important powers that the Federal Courts have
  had.

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The Federal Court System
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The Federal Court System
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Types of Judicial Jurisdiction

• Judicial Jurisdiction
• Who has authority to hear the case.
• Original
• The first court to hear the case.
• Most of the time it is the District Court.
• Supreme Court has this in limited instances
• Appellant
• A court that hears an argument that a lower court
  has violated the Due Process rights of a
  defendant.
• Appeals Courts and Supreme Court have this
  jurisdiction.

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U.S. District Courts

• There are 94 Federal District Courts.
• They have ONLY original jurisdiction.
• Also known as trial courts.
• One judge presides over each case.
• Only level of the federal system where
• There is a jury.
• Where witness testimony is heard.
• Where GUILT OR INNOCENCE is determined.
• In short, only place that a true trial takes
  place.

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U.S. Appeals Courts

• 13 Circuits
• Has ONLY appellant jurisdiction.
• Hears appeals from District Court cases heard in
  their circuit.
• These courts DO NOT determine guilt or innocence.
  They only determine if a defendant has had
  his/her DUE PROCESS violated.
• If DUE PROCESS was violated, then the case is
  sent back to the Court that had original
  jurisdiction.
• The appeals are heard by a panel of judges
  usually 3. But sometimes all the judges in a
  circuit will hear an appeal.

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U.S. Supreme Court

• Nine Judges or Justices.
• Has BOTH original and appellant jurisdiction.
• In cases of original jurisdiction
• guilt or innocence is determined.
• In cases of appellant jurisdiction
• Only DUE PROCESS issues are addressed.
• Hears appeals from any Federal or state court.

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How Many Cases Does the Supreme Court Handle Each
Year
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Getting on the Docket.Very Hard to do!
Rule of Four
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Politics of Supreme Court Appointments

• Why are Supreme Court appointment so important to
  a president?
• Legacy
• Why doesnt President Bush appoint whomever he
  wants?
• His party
• He has to get the person confirmed.

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Supreme Court Decision Making Process
Majority Needed (5 Votes)
By Rule of Four
Precedent is Set
Majority Opinion Dissenting Opinion Concurring
Opinion
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Majority Opinion

• Written by a justice on the prevailing side. It
  explains why the court decided the case in the
  manner that they did. If the case addressed a new
  issue or addresses an issue in a unique way this
  is where the new standard or precedent is
  explained.
• ie. Plessy v. Ferguson
• precedent was separate but equal
• Brown v. Board of Ed.
• precedent was separate not equal

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Dissenting Opinion

• Written by a justice on the side that did not
  prevail. It will explain why they disagreed with
  the majority of the court. Is used in future
  cases to try and overturn the precedent set.
  Especially important in close (5-4, 6-3) votes.

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Concurring Opinion

• Written by a justice on the prevailing side of
  the vote. It is written when the justice writing
  it disagrees with some part of the Majority
  Opinion. It can also be used to elaborate on an
  aspect of the case that the Majority Opinion did
  not address.

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How do the justices decide a case.

• Stare decisis
• Literally means Let it Stand
• The cases is determined based on previous
  precedent.
• Most appeals are not heard by the Supreme Court
  because they believe the case should or is
  addressed by previous precedents related to the
  central issue of the appeal.
• New Precedent is set
• When something new comes up, or a unique issue
  need be addressed the justices will sometimes
  reverse the precedent set earlier and set a new
  precedent.
• This very rare!

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Constitutional Interpretation

• Original Intent
• What did the writers of the Constitution mean
  when they wrote the document.
• Hard to determine.
• Living-constitution
• The meaning of the Constitution changes as
  society and history changes.
• Constitution is an ever changing document.
• Plain-meaning-of-the-text
• The document means exactly what it appears to be
  saying.
• It was not written in modern English and what is
  says to me may not mean the same thing to you.
• i.e. does the 2nd Amendment mean I can have an
  AK-47 and a M-16 in my house?

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Voting Patterns of Justices

• There are three distinct voting patterns that
  have developed over the years into which most
  justices fall.
• Judicial Activists
• Stare decisis should be ignored sometimes. These
  believe that the ever-changing aspects of society
  and the country calls for the Constitution to
  change also.
• Restorationists
• believe we must get back to the original meaning
  of the Constitution and the only way to do that
  is ignore stare decisis until all the liberal
  decisions have been reversed.
• Judicial Restraint
• Stare decisis should be maintained in all but the
  most extreme cases. The court should not change
  laws, it should be the people whom change the
  laws through their elected representatives.