Supreme Court

1
Supreme Court

• Judiciary The cornerstone of our democracy

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Judicial Review

• Marbury v. Madison (1803)
• Allows the courts to rule on the
  constitutionality of laws, giving the court the
  power to strike down or reinforce policy
• Judiciary Act of 1789 and the writ of mandamus
  ruled unconstitutional

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Applications of Judicial Review

• Review of Congressional Acts
• Since 1803, close to 200 congressional acts have
  been struck down as unconstitutional
• People can litigate (initiate lawsuits) to oppose
  a law, especially if they feel like their voice
  was not heard
• Allows people without the political clout or
  influence to lobby Congress directly to still be
  heard

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Applications of Judicial Review

• Review of Presidential Actions
• Citizens and courts can challenge the presidents
  use of executive order
• Truman sent troops to seize the steel mills in
  1952 when there was strike because would have
  diminished our military capacity in the Korean
  War and would hurt the national economy
• SCOTUS struck it down as unconstitutional
  (Youngstown Sheet Tube v. Sawyer)
• Will we see Boehner v. Obama in the near future?

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Applications of Judicial Review

• Review of State Actions
• Judicial review of state and local acts reinforce
  the supremacy clause of the Constitution
• Fletcher v. Peck 1810- first time a state law was
  struck down as unconstitutional
• McCulloch v. Maryland 1819 taxing the bank of
  the United States was unconstitutional

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Limits on Judicial Review

• Justiciable dispute must judge actual
  situations, not hypothetical situations (aka Live
  Controversy rule) no What if we passed a law
  about ____? Is it Constitutional? All cases must
  be real or live.
• Political question absence of existing law
  makes it difficult for the court to rule on a
  case wont hear a case until a law has been
  passed regarding the issue
• Ex. anti-gay marriage laws in the past 10 years
  - the court began to hear those cases in March of
  2013 more expected

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Types of Jurisprudence

• Adversarial system in the US
• Blind justice - decision must be made between 2
  choices (defense vs. prosecution each presents
  its side of the case)
• Innocent until proven guilty
• court cant bring up an issue - court maintains
  impartiality and decorum and the jury weighs the
  evidence
• 5th Amendment - defendant doesnt have to testify
  against oneself - we use this system in the US
• Civil lawsuits plaintiff vs. defendant suing
  over money or property - 7th amendment

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Types of Jurisprudence

• Inquisitorial system
• presumed guilty unless you can prove innocence
• court is actively involved in pursuing
  facts/investigating the case
• European (Roman/Napoleonic code) model
• judge questions the defendant to try to get them
  to admit guilt
• defendant can present their side of the story
  w/out being cross-examined think Amanda Knox
  case in Italy three trials took place
• Remember World Civ. Spanish Inquisition

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Federal Court System

• Step 1 DISTRICT COURTS
• 94 US Dist. Hear 342,000 cases/yr
• Trial by jury (only federal court with jury)
• Judge David Bunning sits at this level
• Step 2 APPEAL (CIRCUIT) COURTS
• 12 Courts of Appeal Hear 61,000 cases/yr
• Panel of 3 judges, sometimes more
• No cases start here, review district court
  decisions
• (MI, OH, KY, TN in the 6th District)

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Federal Court System

• Step 3 US Supreme Court
• 2013 plenary review with oral arguments in
  about 100 cases 5000 petition the court but
  most are denied
• 80-90 opinions written 50-60 cases decided
  without oral arguments
• Cases audio recorded and released on www.oyez.org
• Hear appeals writ of certiorari ask for
  records of the case
• Very few original jurisdiction cases (they hear
  it first)
• Rule of 4 four justices needed to agree to
  hear a case this is to grant cert.
• To refuse a case the court will say Cert. Denied

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The Roberts Court
Chief Justice John Roberts
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Appointment process

• President appoints judges for ALL federal court
  vacancies
• Senate must confirm all nominations by majority
  vote (Advice and consent)
• Senatorial courtesy tradition started by
  GWashington to seek approval from Senators over
  appointed judges from their states Senators get
  first right of refusal

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Public Influence on Justices

• Justices are NOT elected, appointed by President
• However, not entirely immune to public opinion
• Since they were appointed by a specific
  president, they generally agree with his
  ideologies.
• Justices are aware of public opinion, and are
  aware that decisions that flagrantly go against
  public opinion will not be implemented or will be
  subverted by the legislative or amendment process

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Checks on SCOTUS

• President appoints all judges
• Senate must confirm appointed judges
• Congress may alter the structure of the court
  system (add or subtract of courts and justices)
• Congress has the power to impeach judges
• Congress may amend the Constitution if the Courts
  find a law unconstitutional
• Ex. Income tax law originally found
  unconstitutionally so Congress added 16th
  amendment in 1913

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Types of Opinions

• When an opinion is written (a decision), it often
  takes months and many drafts
• Majority Opinion justices in the majority must
  draft an opinion setting out the reasons for
  their decision who won the case? Why?
• Concurring Opinion justices who agree with the
  end result (who won), but not the legal logic
  used by the majority (still get their name in the
  legal/historical record)
• Dissenting Opinion justices who disagree with
  the majority opinion write their side can be
  one dissent or multiples depending on legal logic
  used

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Implementation

• The court is only as powerful as the president
  that will enforce its decisions.
• John Marshall has rendered his decision now let
  him enforce it! Andrew Jackson
• Refused to enforce Cherokee land rights resulted
  in the Trail of Tears his successor Martin
  Van Buren eventually carried out the removal
• All deliberate speed Chief Earl Warren
• 10 years after Brown only 1 of Southern schools
  were desegregated
• Eisenhower JFK sent army south to desegregate
• Court must rely on other branches, state local
  officials and law enforcement agencies to enforce
  its ruling

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More SCOTUS Vocab!

• Stare decisis Let the decision stand
  refusing to take a case (Cert. Denied) ALSO
  means that the lower court decision stands
  Stare decisis it is a form of judicial
  restraint
• Amicus curiae brief Friend of the court
  anyone can use their First Amendment right to
  petition the court to hear a case on behalf of
  someone else the legal brief explains the
  seriousness of the issue and why the case should
  be heard

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Conservatism vs. Liberalism???

• Justices are supposed to be above politics and
  maintain impartiality
• However, they do have personal ideologies or
  biases
• EX. CJ Earl Warren (1953-69) and CJ Warren
  Burger (1969-1986) skewed liberal
• CJ William Rehnquist (1986-2005) and CJ John
  Roberts (2005-?) skew(ed) conservative
• Depends on the issue can be loose
  construction on one issue but strict
  construction on another

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Strict vs. Loose Construction

• Loose Construction
• Courts should interpret the meaning of the
  Constitution broadly and should not limit
  themselves to what is specifically stated or
  written
• The Constitution must grow and adapt to new
  circumstances
• Hamilton Jefferson debated the elastic clause
  Hamilton favored loose construction to create
  bank Jefferson not so much

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Strict vs. Loose Construction

• Courts should not reinterpret the Constitution
• Courts should interpret the Constitution as the
  framers intended
• In other words, they follow the original intent
  of the framers. (Justice Scalias originalism)

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Activism v. Restraint

• Judicial Activism
• Judges should interpret law loosely, using their
  power to promote their preferred political and
  social goals.
• Judges are said to be activists when they are
  likely to interject their own personal values in
  court decision
• Warren Court and Burger Courts (1950s to mid
  1980s)

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Activism v. Restraint

• Judicial Restraint
• Legislators, not judges, should make the laws.
• Judges are said to exercise judicial restraint
  when they rule closely to laws/statutes and
  previous cases when reaching their decisions.
• Rehnquist court (mid 1980s to 2000s)
• But is using restraint still injecting ones
  personal values?