Judicial Branch Article III

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Judicial BranchArticle III
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Nature of the Judicial System

• A society of laws is ruled by laws because -
  Justice is blind, it is the arbitrator between
  adversaries.
• 2 basic types of cases
• Criminal - violation of specific laws that will
  be punished (primarily tried in state courts)
• Civil - disputes between individuals and/or
  organizations, in which compensation may be
  awarded to the victim (breach of contract,
  business, property, domestic)

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Participants in Judicial System

• LITIGANTS
• Litigants litigate in litigation.
• Plaintiff- the one charging filing the law suit
  (individual, corporation, government)
• Defendant the one being charged
• Plaintiffs must have standing to sue
• Have a serious interest in case
• Class action suits A group who have similar
  complaints, band together to represent all
  similarly situated.
• Cases must be justiciable disputes- able to be
  resolved by legal means.
• Most cases decided by stare decisis
• "to stand by that which is decided." - precedent
  rules!

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Participants in Judicial System

• GROUPS
• SIGS seek out strong cases which could shape
  policy NAACP, ACLU!
• Directly argue the case for a litigant OR
• Assist in cases w/ amicus curiae Friend of the
  court- briefs
• What recent amicus curiae brief did Obama file?
• ATTORNEYS
• Difficult to participate in
• the Judicial drama without a lawyer.
• Its a game of laws that lawyers must interpret!

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STRUCTURE OF THE FEDERAL JUDICIAL SYSTEM

• Created by Article III of Constitution
• Article III sets up ONE Supreme Court andsuch
  inferior courts as the Congress may establish.
• Dual court systems in U.S.
• Federal courts
• State courts

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• Two Kinds of Federal Courts
• Constitutional Courts
• Those created by Congress pursuant to Article III
  (district courts, courts of appeal)
• Judiciary Act of 1789
• Special Courts (Legislative Courts)
• Created for some special purpose
• U.S. Tax Court
• Court of Military Appeals
• Court of Claims
• Court of International Trade
• These judges do NOT serve for life

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JURISDICTION

• Defined as authority of a court to hear a case
• ORIGINAL
• When the case is being heard for the first time
• Trial Court determines facts (90 end here)
• State Trial Courts Superior Court, State Court,
  etc.
• Federal Trial Courts District Courts
• APPELLATE
• When the case is being heard on appeal from a
  lower court
• Dont review facts / only legal issues!
• States ends with state supreme court
• Federal U.S. Court of Appeals Supreme Court

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FEDERAL JURISDICTION

• Federal courts have jurisdiction based on
• Subject matter or
• Parties involved
• Subject matter jurisdiction
• Question of constitutional law (application or
  interpretation)
• Question of admiralty law (high seas)
• Jurisdiction based on parties involved
• U.S. or U.S. agency is party
• State is suing another state
• Diversity of Citizenship citizen of one state
  suing a citizen of another state ( amount of
  money involved is more than 50,000)

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OTHER TYPES OF JURISDICTION

• EXCLUSIVE JURISDICTION
• Case that can be heard ONLY in a federal court
• For ex., cases on federal crimes (treason,
  kidnapping, mail tampering), patent
  infringements, etc.
• CONCURRENT JURISDICTION
• Case that can be heard in EITHER a federal court
  or a state court
• For ex., most cases involving citizens from
  different states

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DISTRICT COURTS

• The federal trial courts original jurisdiction
• Constitutional courts established by Judiciary
  Act of 1789
• Handle 80 of federal court cases
• 94 District Courts in U.S. and its territories
• All states have at least one Florida has three
  district courts N, M (Orlando), S
• 3 of cases end in a ruling, the rest are plea
  bargained
• Only federal courts that use grand juries and
  petit juries whats the difference?

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DISTRICT COURTS

• Original jurisdiction over most federal cases
  criminal civil
• Diversity of citizenship cases (50,000)
• Bankruptcy supervision
• Review federal agencies
• Maritime law, supervise naturalization of aliens

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COURTS OF APPEAL

• GATEKEEPERS for the Supreme Court
• Appellate jurisdiction ONLY
• Focus on correcting errors of procedure and law
  in the lower court (district court)
• Their decisions can be appealed only to the
  Supreme Court
• 11 Courts of Appeal in the states a 12th court
  in Washington, D.C.
• Each Circuit has a Supreme Court justice assigned
  to it
• Judges usually sit in 3 judge panels to decide
  cases but will sometimes sit en banc meaning
  all judges will hear the case

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11th Circuit

• Covers AL, GA and FL
• 12 Judges in Eleventh Circuit
• Assigned Supreme Court Justice is Anthony Kennedy

Appointed in 1988 by Reagan
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SUPREME COURT

• Only court established by the Constitution is the
  Supreme Court
• Number has fluctuated (6-10), but now has 9
  justice positions

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JURISDICTION OF SUPREME COURT

• Both Original and Appellate Art. III, Sec. 2
• ORIGINAL (very few instances)
• U.S. is a party
• Cases affecting ambassadors, public ministers,
  consuls
• Congress CANNOT expand on this grant of original
  jurisdiction in the Constitution

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APPELLATE JURISDICTION

• From Federal courts of appeal and highest state
  courts
• Approximately 8,000 cases appealed to Supreme Ct.
  / only hear few hundred (95-98 rejection rate)
• Most denied because
• Majority of justices agree with lower court
  decision
• Case doesnt involve significant point of law

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FEDERAL AND STATE COURT SYSTEMS IN THE U.S.
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Supreme Court NominationsKnowledge Inventory

• True or False A vacancy on the Supreme Court
  has occurred about once every two years, so a
  president will probably have at least one
  appointment during his term.
• True or False The current justices get to vote
  on who will fill a vacancy.
• True or False The appointment to Chief Justice
  automatically goes to the senior most justice on
  the court.
• True or False Supreme Court nominees always
  have previous judicial experience.
• True or False Justice Sandra Day OConnor was
  the first woman to serve on the Supreme Court.

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Supreme Court NominationsKnowledge Inventory

• True or False Justices are obligated to rule
  according to the ideology of the president who
  appointed them.
• True or False There was a former president who
  also served as Chief Justice of the United
  States.
• True or False The president has final word on
  whether a nominee will be confirmed.
• True or False Today geographical balance (where
  a nominee is from) is also important when
  selecting a nominee.
• True or False YOU meet the Constitutional
  requirements for a Supreme Court justice.

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The Independent JudiciaryNomination
Confirmationof Federal Judges

• Presidential appointment w/ Senate majority vote
  to confirm
• Senatorial courtesy - home state senator
  recommends persons for appointment to district
  level courts also can immediately VETO a
  confirmation w/o discussion.
• Why should the judiciary be independent?
• One of primary grievances against King George in
  the Declaration of Independence
• He has made judges dependent on his will alone,
  for the tenure of their offices, and the amount
  and payment of their salaries.

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The Independent Judiciary

• What allows the Judiciary to act independent of
  presidential and congressional influence?
• Lifetime appointments for all federal judges can
  enhance a Ps legacy
• Cannot have salary reduced
• Can only be removed by impeachment (7 in US
  history) can be impeached for unacceptable
  behavior.

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Supreme Court Justices

• Senate has less power over nomination of Supreme
  Court Justices
• Attorney General/Justice Dept. identify and
  screen candidates
• Judges and especially justices must meet the
  litmus test - ideological purity is critical
  and Divided Govt makes it more difficult to
  select and confirm.
• How could confirmation could go badly?
• If the P has the minority party in Senate
• If the P is making nominations near the end of
  his term
• If the nominee has issues with ethics violations
  for ex., Clarence Thomas, but he obviously
  survived

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QUALIFICATIONS OF FEDERAL JUDGES

• NO official qualifications required, BUT
• All Lawyers many judges
• Most are male (only 4 female Justices so far)
• Most are white (only 2 black Justices so far)
• Most are upper middle or upper class
• Most are in 50s or 60s when appointed
• Most are Party favorites - only 13 of 108 SCOTUS
  justices were non partisan selections. 90 are
  partisan selections.
• POLITICAL IDEOLOGY is the KEY factor

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The Roberts Court(The Court is referred to
bythe name of the Chief Justice)
Chief Justice John Roberts
Justice Scalia
Justice Kennedy
Justice Thomas
Justice Breyer
Justice Ginsburg
Justice Alito
Justice Sotomayor
Justice Kagan (newest)
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GETTING TO COURT

• Rule of Four applies to selection
• At least 4 of 9 justices must approve selection
  of case
• Private weekly conferences - go through approx.
  8,000 cases select approx. 100 (Fig. 16.4)
• 95-98 rejection rate
• Law clerks play major role in screening cases for
  discussion
• Many cases remanded
• Returned to lower court for reconsideration (in
  light of new case law)

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• Most cases get to Supreme Ct. by a WRIT OF
  CERTIORARI
• Order from the Sup. Ct. to lower court to send up
  the record
• Either party can petition the Court for cert
• If cert is denied, the decision of lower court
  stands
• Solicitor General is the attorney for the U.S. in
  all cases before Supreme Court

Donald B. Verrilli, Jr.
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Supreme Court in Action

• TERM
• 1st Monday in October to early May
• WRITTEN BRIEFS are submitted by each party
  presenting its legal argument
• ORAL ARGUMENT
• 30 minute limit
• White light at 25 minutes
• Red light ends argument
• AMICUS CURIAE BRIEFS
• Not a party but have interest in outcome
• Court must grant permission
• Ps use them to urge Ct. to change doctrine
  Obama / gay marriage!

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• Next step is Conferences on Cases
• Chief Justice presides speaks first announces
  his vote
• Then, other justices speak in order of seniority
• Decisions
• Only about 1/3 are unanimous most are divided

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OPINIONS

• If Chief Justice is in majority, C.J. assigns who
  will write the opinion
• Otherwise, assignment is handled by the Senior
  Associate Justice on the majoritys side
• Need SIX judges to vote MAJORITY rules. Tie
  vote retains lower Ct decision.
• Most cases settled by stare decisis
• Based on prevailing rules of law - precedent

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Types of Opinions

• Majority Opinion
• Majority ruling of the Court
• Establish precedents (need 5 votes in agreement)
• Concurring Opinion
• A justice(s) will write to add or emphasize a
  point not in the majority opinion We agree and
  here is why
• OR-could stress a different constitutional or
  legal foundation for the opinion
• Dissenting Opinion
• Disagree with the majority opinion
• Could become a majority opinion in the future

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Judicial Precedent

• Lower courts follow decisions of higher courts.
• Supreme Court can overrule its own decisions
  because times do change. (Done over 200 times)
• Brown v. Board of Education (1954) (Integrate)
• Overruled
• Plessy v. Ferguson (1898) (Segregate - separate
  but equal)

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Court History

• EARLY COURT UP UNTIL CIVIL WAR
• Developmental issues
• Strengthening the power of the federal government
• Marbury v. Madison judicial review
• McCulloch v. Maryland federal supremacy
  implied powers
• Gibbons v. Ogden fed. govt interstate
  commerce power
• CIVIL WAR UNTIL 1937
• Economic issues
• Court restricts power of fed. govt to regulate
  the economy
• Munn v. Illinois (1877) - set up ICC

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• Nine Old Men New Deal court
• Conservative court liberal New Deal programs
• 1937 FDR Court-packing plan nationwide
  outcry violated separation of powers

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• FOCUS OF COURT SINCE 1938 Personal liberty,
  social political equality
• Warren Court 1953-1969
• VERY active in shaping public
• policy
• Warren appointed by Ike
• Set liberal precedents in education
  integration civil liberties defendants
  rights re-apportionment one person, one vote
  outlawed school prayer
• Conservatives calling for impeachment

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• Burger Court 1969-1986
• Appointed by Nixon - wanted a more conservative
  Court
• It was BUT set precedent w/ Roe v. Wade.
• Continued to make liberal decisions on capital
  punishment, school desegregation (busing),
  affirmative action
• Ordered Nixon to turn over the tapes in U.S. v.
  Nixon

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• Rehnquist Court 1986 2005
• Associate Justice on Burger Court
• Appointed C.J. by Reagan
• Limited rather than reversed rights established
  by liberal Warren Ct
• Strong focus on federalism constraining fed.
  power over states
• Moved away from role of special protector of
  individual liberties civil rights for
  minorities
• Impeachment trial of Clinton
• Bush v. Gore, 2000
• Died, 2005
• John Roberts appointed
• Snapshot of the Roberts Court?

A Judge is bound to decide each case fairly, in
accord with the relevant facts and applicable
law, even when the decision is not the one the
home crowd wants. -- William H. Rehnquist,
Chief Justice-1986-2005
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JUDICIAL RESTRAINT v. JUDICIAL ACTIVISM

• Should the Court simply interpret the law.or
  should it make law/policy?
• Judicial Restraint
• Judges stick to precedent play minimal
  policymaking roles
• Court in a referee role only
• Strict constructionist beliefs look to original
  intent of the constitution
• Judicial Activism
• Judges set policy with new decisions
• Court can address needs not met by the political
  process

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Judicial Decision-Making

• The law makes a promise neutrality. If the
  promise gets broken, the law as we know it ceases
  to exist. All thats left is the dictate of a
  tyrant, or perhaps a mob.
• --Justice Anthony M. Kennedy 1988-Present

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