THE COURTS

1
THE COURTS
2
Important to Remember

• Courts make policy when they write decisions
  about a case
• Problem for democratic theory
• Judges can undo representatives law
• Rulings extend beyond any particular case
• Courts can only rule on cases brought before it

3
Creation of the Judiciary

• Article III of the Constitution created one
  Supreme Court
• No other courts are mentioned, and this was left
  for Congress to create
• Judiciary Act of 1789 created a series of
  national courts that would coexist with state
  courts

4
Marshall Court

• Marshall gave Supreme Court more clout
• What happens if a law enacted by Congress
  conflicts with the Constitution?
• Marbury v. Madison (1803)
• Court held that action of Congress was
  unconstitutional
• Established courts right of judicial review
• the power to declare congressional and
  presidential acts invalid if they violate the
  Constitution

5
Judicial Review

• A series of decisions established the components
  of judicial review
• Power of the courts to declare national, state,
  and local laws invalid
• Supremacy of national laws
• Supreme Court as the final authority on the
  meaning of the Constitution

6
Organization of the Courts

• There are state as well as federal courts
• Most cases are filed in state courts
• Federal courts are organized in three tiers
• U.S. district courts, where litigation begins
• U.S. Courts of Appeals
• U.S. Supreme Court
• Last two are appellate courts and usually just
  review lower court decisions (they do not try
  cases)

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Court Organization (cont)

• U.S. District Courts
• 94 district courts in the US
• Where trials occur in the federal system
• U.S. Court of Appeals
• 13 courts of appeals 11 represent a geographic
  circuit
• Cases based strictly on rulings and procedures of
  lower courts
• Typically convene in a panel of 3 judges

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Court of Appeals

• Court rulings serve as a precedent for later
  cases
• the decision becomes the basis for deciding
  similar cases in the same way
• Precedent is basis for the idea of stare decisis
• Latin for let the decision stand
• Decision ensure some amount of uniformity of the
  law, but only within that particular circuit.

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The Supreme Court

• A small number occurs through original
  jurisdiction (cases actually tried)
• Most cases enter through appellate jurisdiction
• Can appeal from the U.S. Court of Appeals or from
  the highest court from a state
• The docket of the Supreme Ct. is its agenda
• small number are reviewed (about 100 out of 6000
  each year)
• Rule of four

10
Judicial Recruitment

• Presidents appoint all federal judges
• States have different procedures ranging from
  direct vote to appointment
• Federal judges can be a presidents enduring
  legacy since they serve for life

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Judicial Appointments

• Ideology plays a large role
• For the Supreme Court, about 20 have not been
  confirmed by the Senate.
• The most recent being Robert Bork
• Recently nominees are promotions from the lower
  levels
• Able to see a judges record and views

12
Confirmation Process

• Investigation
• Conducted by the FBI
• ABA used to have a role no longer
• Large amount of interest group activity
• common to lobby against a candidate
• Senate must confirm typically goes to Senate
  Judiciary Comm. for hearings

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Reasons to Select Cases

• Govt is party asking for review
• Solicitor General represents the national govt
  before the Supreme Court
• Disagreement among lower courts
• Broad legal or constitutional issues (often civil
  rights or liberties question)
• Interest Group Participation
• sponsoring party
• submit an amicus curiae brief

14
Supreme Court Decision Making

• Once granted review
• Each side submits written argument (brief) given
  30 minutes for oral argument amicus briefs often
  filed
• Judges meet during conference to discuss cases
• Case is assigned for an opinion Final vote
• Note that a 9-0 judgment has the same impact as a
  5-4 judgment

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Influences on Justices Votes

• Legal factors
• Judicial restraint v. judicial activism
• Precedent
• Background (e.g., education, values)
• Idelogy
• Attitudes (e.g., partisanship, beliefs about
  policy)
• Public Opinion

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Justices as Policymakers

• Give the impression of being apolitical but is
  this true?
• Courts make policy w/their decisions
• Many used to be politicians
• Influenced by political and ideological beliefs
• This is why they were appointed to begin with