US Politics

1
US Politics

• The Judiciary

2
Overview

• Sources of American Law
• The Federal Court System
• Judicial Process and the
• Supreme Court
• Checks and Balances

3
Sources of American Law

• Common-Law tradition
• Judge based
• stare decisis (precedent)
• judges bound to respect rulings of prior judges
  in similar cases

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Sources of American Law

• Constitution
• Federal and State
• Statutes and Administrative Regulations
• Case Law
• previous decisions and interpretations of law

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Federal Court System

• Federal System has a three tiered structure
• District Courts (94)
• trial courts they determine the facts of the
  case
• general jurisdiction
• limited jurisdiction
• (e.g., Bankruptcy Courts, Claims Court, Veterans
  Appeals, Tax)

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Federal Court System

• Appeals Courts (Circuit Courts)
• 13 federal appeals courts
• appellate court
• doesnt determine the facts of the case
• determines whether the rules and procedures were
  followed correctly

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Federal Court System
one federal court 13 Courts of Appeals
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Number of Justices/Court
11
13
16
28
6
14
12
15
12
17
12
Federal Court Circuit has 12
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Federal Court System

• Selection of Justices is based on presidential
  nomination, followed by advice and consent of
  Senate
• The lower level federal courts operate on basis
  of senatorial courtesy whereby the the ranking
  senator in the state in which the justice will be
  seated submits acceptable nominee list to
  president
• As go higher up the system, more involvement from
  the president and greater scrutiny by the Senate

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Federal Court System

• US Supreme Court
• highest court in the land
• has some original jurisdiction
• primarily appelate court

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Federal Court System

• Supreme Court
• 9 Justices
• Appointed by President with advice and consent of
  the Senate
• Lifetime appointment pending good behavior

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John Paul Stevens (Ford 1975)
Antonin Scalia (Reagan, 1986)
John Roberts (GW Bush 2005)
Anthony Kennedy (Reagan 1988)
Clarence Thomas(GHW. Bush 1981
David Souter (GHW Bush 1990)
Ruth Bader Ginsberg (Clinton 1993)
Stephen Breyer (Clinton 1994)
Samual Alito (GW Bush 2006)
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Supreme Court
State Supreme Court
Court of Appealsfor FederalCircuit
State Appellate Courts
State Trial Courts
District Courts and other trial courts
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Judicial Process Terminology

• Parties to the lawsuit
• plaintiff party initiating the suit
• defendant party that is target of the suit
• Standing
• having a sufficient stake in the matter to
  warrant bringing the suit
• Litigate
• to engage in a legal proceeding that is bring to
  trial

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Judicial Process

• Plaintiff files application to Supreme Court to
  hear case
• Until 1925, defendants had an automatic right to
  a Supreme Court hearing. The Judiciary Act of
  1925 eliminated that provision.
• Supreme Court issues writ of certiorari
• Based on rule of 4
• 4 of the 9 justices must agree to hear the case
• Vast majority of cases are turned down
• e.g., in 2007/08 term, the court heard 75 cases,
  and then ruled on 72 cases, out of 8,241filings
  for appeal

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Judicial Process

• Factors shaping issuance of the writ
• unsettled area of law
• conflicting lower court rulings
• change in court membership
• advocacy by executive branch
• compelling issue for Chief Justice

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Judicial Process

• Oral Argument
• Litigants file briefs with court
• amicus curiae briefs also filed
• Litigants argue case before the Court

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Judicial Process

• Justices then deliberate
• Issue Decision and Opinion
• Decisions will
• Affirm lower court ruling
• Reverse lower court ruling
• Remand to lower court

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Judicial Process

• Decisions and Opinions
• The Decision is expressed in an opinion of the
  court
• Majority Opinion the legal reasoning used by a
  majority of members to reach the decision
• Concurrent members who agree with the decision
  but disagree with the argument used to get there
• Dissenting the members of the court who disagree
  with the decision and the legal reasoning

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Power of Supreme Court

• Through judicial review (Marbury v. Madison),
  Court has power to interpret the meaning of the
  Constitution
• Acts as important check on President, Congress,
  bureaucracy, and the states

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Power of Supreme Court

• Checks on Supreme Court
• Appellate, so cant initiate process
• No enforcement mechanism
• Amendment
• Public Opinion