JUDICIARY

Two Court Systems in the United States (Judicial Federalism)

A. Federal Judiciary System

B. 50 State Judiciary Systems Majority of cases heard in state

system

Dual Sovereignty Doctrine

• State and federal authorities can prosecute the same person for the same conduct.

• DOES NOT violate the double jeopardy portion of the 5th Amendment because the person is technically being tried for two different crimes, one at the federal level and one at the state level.

FEDERAL COURTS (Created under Articles III and I)

Two types of Federal Courts1. Constitutional Courts: Article III Supreme Court District Courts (94) Courts of Appeals (13) Court of International Trade2. Legislative (Special) Courts: Article I Specialized purpose Created by Congress Fixed terms Court of Military Appeals, Court of Claims, and Tax

Court

Constitutional Courts

Courts created under Article III:

• US Supreme Court

• US District Courts

• Courts of Appeals

• Court of International trade

Significant SCOTUS Chief Justices

John Marshall (1801-1835)

• (Marbury v Madison) Judicial Review:• 1800 Election: Jefferson beat Adams• Secretary of State Marshall did not deliver all the

appointments (incl. Marbury). Left it to Madison (new SOS) to do it

• Madison refused and Marbury sued and brought case to Supreme Court directly under Judiciary Act of 1789

• SC said Jefferson was wrong not to deliver appointments, but the Judiciary Act of 1789 contradicted separation of powers and the Supreme Court did not have the power to require commissions to be delivered

Nine Old Men

• Conservatives on SC viewed government intervention in the economy as unconstitutional

• Ruled National Industrial Recovery Act as unconstitutional via Schechter Poultry Corporation v. United States b/c it regulated business that was not interstate.

• Court Packing: FDR wanted to add a justice for every justice over the age of 70

• Congress did not act on this• A conservative justice, Owen Roberts, started

changing his votes (“switch in time that saved nine”)

Warren Court (1953-1969)

• Very liberal court• Brown v. Board of Education: segregation in public

schools is unconstitutional • Griswold v. Connecticut: General right to privacy• Engel v. Vitale: public schools cannot have official

prayer • Abington School District v. Schempp: public

schools cannot have mandatory Bible readings• Mapp v Ohio: many guarantees of the Bill of Rights

apply to the states • Miranda v. Arizona: have to be advised of rights• Gideon v. Wainwright: Right of retaining a court

appointed attorney for those too poor to pay for one

Burger Court (1969-1986)

• Narrowed defendants’ rights

• Conservative Court, but….

• Roe v. Wade: right of privacy/abortion

• United Steel Workers of America v. Weber (1979): Upheld affirmative action

• United States v. Nixon(1974): Executive privilege is limited

Rehnquist Court (1986-2005)

• Very conservative

• “The Lone Ranger”– often the only dissenter during the Burger Court

• Federalism Doctrine: States’ rights should be respected

• Bush v. Gore (2000)—very active/interventionist court

John Roberts (2005- present)

• 5-4 split on the court currently. (Some say 4-4-1 split)

Supreme CourtOnly federal court that has both original and appellate jurisdiction (overwhelming majority of its cases are appeals)

A. Federal CourtsConstitutional Courts:Supreme Court:Judicial Review

• Supreme Court can declare laws unconstitutional

• Marbury v. Madison

• Dred Scott (1857): Missouri Compromise unconstitutional;Slaves are property, not citizens

A. Federal CourtsConstitutional Courts: Supreme Court:

Original Jurisdiction

• Case originates in Supreme Court

• “Special Master” appointed to hear case and to recommend decision

• Only 2 or 3 cases a year

• Involves:Two or more statesUnited States and a stateForeign ambassadors and other diplomatsState and citizen of another state (if begun by

a state)

A. Federal CourtsConstitutional Courts: Supreme Court:

Appellate Jurisdiction

• Appeals from lower federal and state courts• Must have standing to sue:Personal injuryNot hypotheticalOther appeals exhaustedNot moot: still relevantRipenessJusticiable disputes: capable of being settled as

a matter of law rather than on other grounds as is commonly the case in legislative bodies

B. Federal CourtsConstitutional Courts:

U.S. District Courts

• 94 (Number of courts depends on size of state)• At least one judge per court (most cases heard by only

one judge)• Voting rights and redistricting cases are heard by

more than one judge• Judge presides over case with or without juries• U.S. Attorney: 1/district Nominated by president, confirmed by Senate Serve at discretion of president Prosecute violations of federal law and represent US

government in civil cases

B. Federal CourtsConstitutional Courts:

U.S. District Courts

• “80% of federal cases that come before federal judges are tried in federal district courts”

• Hear both civil and criminal cases

• Original jurisdiction—does not hear appeals

• US Attorney: 1/district; nominated by president

B. Federal CourtsConstitutional Courts:

U.S. District Courts : Original Jurisdiction

• Federal Crimes

• Civil Suits under federal law

• Civil suits between citizens of different states (greater than $50,000)

• Admiralty and maritime disputes

• Bankruptcy

• Federal administrative agencies’ actions

• Other matters assigned by Congress

C. Federal CourtsConstitutional Courts:

Courts of Appeals

• 13 circuits

• Regional courts hearing appeals from their circuit

• Cases heard by panel of three judges

• Over 50,000 cases a year

• “Gatekeepers” to the Supreme Court

• Created to relieve Supreme Court of hearing most appeals

• Appellate/not original jurisdiction

D. Federal CourtsConstitutional Courts:

Court of International Trade

• Nine judges

• Civil cases arising from tariff and other trade-related laws

Legislative Courts

• Created by Congress for specialized purposes

• United States Court of Military Appeals

• Federal Bankruptcy courts

• Judges do not hold lifetime appointments

Selecting Judges• Nominated by President• Senate Confirmation• Senatorial Courtesy/Blue Slips: nominees are not

confirmed if opposed by a senator of the president’s party from the state of the nominee’s residence

• Litmus Test• From FDR to Bush, every president has appointed

over 90% of lower federal court judges from his own party

• Federal constitutional judges appointed for life• Supreme Court justices are “as independent as hogs

on ice”

Constitutional ApproachesStrict-Constructionist (Judicial Restraint): • Judges should stick to what is “stated or clearly

implied” in Constitution• Before 1937, liberals objected to judges interpreting

the due process clauses of 5th and 14th amendments to strike down laws passed to protect labor and women and to keep national governments regulated; people have freedom to contract to work as many hours as they want; federal government cannot overreach its authority to strike down state laws

• By the time of Nixon, tend to be conservative due to issues of abortion, prayers in public school, capital punishment and not hindering law enforcement

Constitutional Approaches Activist (Judicial Activism): Interpret

Constitution based on general principles• Tend to be liberal today, but not always….• Some conservatives favor activism because:They want to reverse precedents on civil rights

and protect property rights from government regulation

• Some liberals favor restraint because:They believe democratic self-governance will

do better when judges stay out of policy debates

Jurisdiction of Federal Courts

Federal-Question Cases:

Arising under the Constitution

US laws

Treaties

Diversity Cases:

Citizens of different states

How does the Supreme Court decide what cases to hear?

• Rule of 4: at least four judges must agree that the Court should hear a case

• Writ of Certiorari: order made by the Supreme Court to a lower court, requesting the records of a particular trial for its review.

• If a writ is granted, lower court send transcript of case to the Supreme Court

How does the Supreme Court decide what cases to hear?

• If the writ is denied, decision of lower court stands, but this does not set precedent (court might be too divided on issue or it is a “political hot potato”)

• Justices only hear 100/8,000 cases appealed to them

• The vast majority of cases come from State courts of last resort (state high courts) and federal appellate courts.

How does the Supreme Court decide what cases to hear?

The appeal is heard based on the following criteria:

1) If a court has made a decision that conflicts with precedent.

2) If a court has come up with a new question.

3) If one court of appeals has made a decision that conflicts with another.

4) If there are other inconsistencies between courts of different states.

How does the Supreme Court decide what cases to hear?

The appeal is heard based on the following criteria:

5) If there is a split decision in the courts of appeals.

6) Highest court has either supported an unconstitutional state law or determined a federal or state law is unconstitutional

At the Supreme Court• First Monday in October through end of June• Listen to oral arguments two weeks each month from

October to April• Adjourn for two weeks to write opinions• Six justices must participate in each case (by

agreement not by law)• If there is a tie, decision of lower court stands, but very

rarely, the case is retried• Take seats at 10am by seniority, Chief Justice in

center• Each side speaks for only 30 minutes (given 5 minute

warning

At the Supreme Court• Briefs: written documents supporting case submitted

before oral arguments• Amicus Curiae Briefs: “friends of the court” (interested

parties, interest groups) may submit briefs if given permission

• Oral Arguments• Conference: justices meet in secret to discuss case• Majority opinion (Opinion of the Court): chief justice

selects who writes opinion if he is in majority; otherwise senior justice decides

• Drafts are circulated until a majority agree with it

At the Supreme Court• Per Curiam Opinions- short, unsigned opinions.

Most of the time these will be unanimous decisions that require minimal explanation. DO NOT HAVE TO BE UNANIMOUS.

• Dissenting opinions: “an appeal to the brooding spirit of the law, to the intelligence of a later day”—CJ Charles Evan Hughes

• Concurring opinionsSolicitor General: represents USA in all cases

in which it is a party

Enforcement of Supreme Court Decisions

• Decisions are remanded (sent back) to lower court with instructions

• If decision involves federal agency, the action is usually very quick

• Difficult to change behavior of administrative and elected officials (e.g., prayer in schools, desegregation)

• Most difficult to enforce when many different agencies or people are involved (e.g., new rules on warrantless searches) because it takes a long time for decision to filter down

Factors Constraining Federal Judges

• Constitution

• Precedent (stare decisis)

• Statutory law

• Legal thought as found in books and law reviews

• Opinions of other courts

• Interest groups

• Public opinion

• Media opinion

Factors Constraining Federal Judges

• Views of colleagues

• Views of law clerks

• Contemporary events and social environment

• Traditions of the law

• Actions of the legislature, past and future

• Actions of the executive, past and future

• Limitations of time and staffing

Financial constraints on getting to Federal Court

• In forma pauperis: without funds

• Fee shifting: plaintiff collects its costs from defendant if defendant loses

Non-Financial constraints on getting into federal court

• Standing

1. Real controversy

2. Actual damage or harm

3. Not just being a taxpayer

4. Sovereign Immunity (Government must consent to be sued)

State Courts

• Interpret state laws

• Cannot rule on federal laws