THE FEDERAL JUDICIARY

THE FEDERAL JUDICIARY Structure, Function, Jurisdiction, Development, Powers, Checks, and Operations…in other words everything you need to know & more...
Author: May Lang
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THE FEDERAL JUDICIARY Structure, Function, Jurisdiction, Development, Powers, Checks, and Operations…in other words everything you need to know & more

Part I: The Development of the American Judicial System

Federalist 78- Alexander Hamilton



Review of Federalist Papers



Why necessary?  It is up to justices to keep the Constitution the supreme law and declare acts to the contrary null and void

Federalist 78 

Only power: Judicial review  Purpose- not to empower the courts but to confine the legislature  Least dangerous branch as it does not control the sword or power of the purse and cannot interfere with people's lives

Federalist 78 

Life tenure argument – Necessary to keep the independent spirit and maintain independence from the legislature, executive, and the whims of the people – Temporary appointments/terms would make judges committed to the executive or legislature thus compliant to either branch (plus could attempt to feel the need to please the people) – Pool of competent judges relatively small thus lead to unqualified individuals serving

Traditional role of the courts: 

Remedy disputes- decide who was RIGHT and determine RELIEF (compensation)  Find & apply existing law to a case in order to render a decision  No interest in what a judge believed but rather in what the law required

Judicial Branch Historical Eras  1787

to 1865 – Nation Building  1865 to 1937- Conflicts between the government and the economy  1938 to Present– Civil rights/liberties and social equality issues

Nation Building 1787 to 1865 Marshall Court (1801-1835)  Issues: – Developing the supremacy of the national government – Settling federal-state conflicts

Nation Building 1787 to 1865 

Marshall Court (1801-1835) Marbury v. Madison (1803) – Est. the concept of judicial review & the supremacy of the Constitution (Article VI)



McCullough v. Maryland (1819) – Congress permitted to use the elastic clause to carry out its expressed duties and states may not inhibit federal actions (supremacy clause)



Cohens v. Virginia (1821) – The Court can hear state cases when Constitutional rights have been violated



Gibbons v. Ogden (1824) – Settlement of issues pertaining to nation/state relationships (interstate commerce)

Nation Building 1787 to 1865 

Taney Court (1836-1864) Dred Scott v. Sandford (1857) – People of African descent slaves/descendants of slaves were not legal persons and could never be citizens of the U.S. – Congress had no authority to prohibit slavery in federal territories – Slaves could not sue in court – Slaves were private property & could not be taken away from their owners without due process



Cases dealing with matters of commerce typically sided with the states (dual federalism)

Conflicts between the government and the economy 1865 to 1937  

Issues: Regulation of the economy and society – Segregation & big business



Balancing “reasonable v. unreasonable” – Post-Civil War Amendments • 13- Abolishing slavery • 14-Citizenship protections/due process • 15- Voting rights

– Progressive Era Amendments • • • •

16- Progressive income tax 17- Direct election on Senators 18- Prohibition 19- Universal female suffrage

Enlarging the scope of personal freedom 1938 to Present 

Issues: – Civil rights/liberties and social equality

Enlarging the scope of personal freedom 1938 to Present Warren Court (1953-1969)  Known as an “activist” Court  Brown v. Board of Ed. (segregation)  Mapp v. Ohio (search and seizure)  Miranda v. Arizona (criminal rights)

Enlarging the scope of personal freedom 1938 to Present 

Burger Court (1969-1986) Roe v. Wade (1973) – Right to privacy/abortion



U.S. v. Nixon (1974) – The president cannot use executive privilege as an excuse to withhold evidence that is relevant in a criminal trial.

 

Rehnquist Court (1986-2005) Questions of individual liberties & federalism The Court has a more strict constructionist tone

Part II: Judicial Branch Basics 

Legal terminology  Article III of the Constitution  Structure of the court system  Legal etiquette

Judicial Branch Terminology DEFINITIONS: 

Dual court system State & federal tiers- federalism at work



Jurisdiction (types) Original Appellate Exclusive



Criminal and Civil will be discussed in upcoming slides

Article III of the Constitution 

Section 1: Outline of Judicial System – One supreme court and inferior courts created by Congress – Number of justices determined by Congress – Judges/justices appointed by President and confirmed by majority vote of Senate • No qualifications needed

– Judges hold office during good behavior – Judges pay determined by Congress and can’t be diminished during term • Current salary ~$220,000

Article III Section 2- Jurisdiction  Must be a Constitutional issue present – 97-99% are appellate cases • Come from state supreme courts or federal appellate courts

– 1-3% are cases of original jurisdiction • Ambassadors (or other public ministers) • Cases in which a state/federal government is a party

Article III 

Section 3 – Defines treason which is the only crime mentioned in the Constitution – Impeachable offenses

Court Jurisdiction & Structure 

As established by the Judiciary Act of 1789 – Established a three-tiered structure of the federal court system • Nearly every state has a similar set-up



See diagram next slide

Dual Court System- Judicial Structure in the U.S.

u c a tio n , I n c . © 2 0 0 6

Examples of federal v. state statutes                

Federal White-collar crime: tax fraud Money laundering Drug trafficking Counterfeiting Identity theft Intellectual property rights Hate crimes Gun crimes Computer crimes Immigration crimes Credit card and ATM fraud Major thefts like stealing art, jewelry, and gems Computer fraud Organized crime Public corruption crimes Tracking the growth in federal crimes

              

State Homicide/murder Assault and battery Robbery Domestic violence Burglary Aggravated assault Drug possession/local trafficking Weapons offenses Resisting with violence Theft- grand or petty Most embezzlement Kidnapping Fraud offenses Sexual battery Stalking/ aggravated stalking

CURRENT COURT STRUCTURE 

SUPREME COURT – 1 Chief Justice & 8 Associate Justices – 9 since constant since 1869, 6 originally



CONSTITUTIONAL COURTS – Powers come directly from Article III – 94 District courts – 13 Courts of Appeal – Several other specialized constitutional courts



LEGISLATIVE COURTS – Set up by Congress for specialized purpose and judges have fixed terms, can be removed and have reducible salaries – Examples include: Tax Courts, Court of Military Appeals, Court of Veterans Appeals, U.S. Territorial Court

Federal District & Appellate Courts

Legal Etiquette   

Case title (Plaintiff v. Defendant) 90% of all cases end in the court of original jurisdiction Appellate (Appeals) courts – Review legal procedures to make certain that the law was applied properly to the issues not at the facts presented in the original court of jurisdiction



Dual sovereignty doctrine – More than one sovereign (state & federal government) may prosecute an individual without violating double jeopardy if the individual's act breaks the laws of each level of government

Civil v. Criminal Cases  

Civil Cases Disputes between two or more parties Cases arise because one party believes it has suffered an injury at the hands of another party or wants to prevent a harmful action from taking place

Criminal Cases 

State or federal statues defining offenses that, though they harm an individual are considered to be offenses against society thus warrant punishment in the name of society  Criminal law assumes that society itself is the victim of the illegal act therefore the government (state or federal) prosecutes on behalf of the injured party

Civil Cases 

Civil cases deal with – Breach of contracts (expressed or implied) – Property laws – Family relations – Civil wrongs causing physical injury or damage to person/property (known as tort) • Tort can either be intentional or negligent

Civil Cases   



90% of all civil cases are settled out of court Lawyers customarily receive 1/3 of reward If no reward- no fees except for paperwork, time, etc. Small claims court – For collecting debts, property damage, small business problems ranging between $1,000$5,000

Criminal Cases Three levels 1. Petty offenses- minor crimes, usually ticketed -Includes most traffic offenses, littering, disturbing the peace 2. Misdemeanors- can be fined or jailed for up to a year -Includes simple assault, DUI, petty theft, vandalism, drunk and disorderly 3. Felonies- jail time of 1 year to death penalty - Includes burglary, kidnapping, arson, rape, all the dirty things involving kids, fraud, murder -Loss of certain rights (voting, gun ownership, living near schools, many jobs) -Public database

Part III: Getting to the Supreme Court

How a case reaches the highest court in the land

Getting to the Supreme Court 

THEORY: Courts are the great equalizer in the federal government  REALITY (1) (2) (3)

Often takes years to get case to the Supreme Court Although filing cost is only $300, actual costs to get to Court can be very steep Rejection rate: 96% of all received applications

Choosing a case  



Reasons for rejection No significant constitutional issue The issue in question is not one the Court wishes to address The case is not a “good case” for that particular issue

Reasons for accepting  Is there a dispute in the rulings between two lower courts?  Is a Constitutional issue present?  Need legal standing – Proof of harm – No advisory opinions

*If the Supreme Court chooses not to hear a case the ruling of the lower court becomes final.

Jurisdiction of Federal Courts 

The Court has two types of jurisdiction: – ORIGINAL (very few cases) – APPELLATE (vast majority of cases) – The Supreme Court does not determine guilt or innocence, only looks to see if there is a Constitutional question – Previous decisions arise from • Federal district appellate courts • State supreme courts

Jurisdiction of Federal Courts Typical issues involve:   

   

1st Amendment (Speech, religion, press, assembly, petition) 4th (Search and seizure) 5th (Procedural due process, deprived of life, liberty, property, public trial, self-incrimination, double jeopardy, eminent domain) 6th (speedy & fair jury trial, counsel, habeas corpus) 7th (If value is >$20, trial by jury is protected right) 8th (Excessive bail or cruel and unusual punishment) 14th (Bill of Rights made binding on the states)

The Supreme Court at Work Procedures of the Supreme Court: The Court works in two week sessions (October-June) 1st week: Justices hear/rule on cases – –

Mon-Wed: Oral arguments presented Wed-Fri: Meet behind closed doors and make decisions

2nd week: – – –

Justices consider arguments for possible future cases Look over petitions from plaintiffs Write opinions for previously decided cases

Supreme Court Case Workload 

Workload has increased significantly since 1945.



Of the roughly 8,000-9,000 cases petitioned to the Court every year, ~100 are ever reviewed, given hearings, and are provided with written opinions.

Year

1950

1960

1970

1980

1990

2000

2010

Number of cases filed

1,181

1,940

4,212

5,114

5,746

8,965

8,763

Cases decided

125

150

158

152

146

87

82

How cases reach the Court A party petitions (appeals) the Supreme Court

1.



~8,000-10,000 filings/yr

The Chief Justice issues a writ of certiorari

2.



An order from the Supreme Court to a lower court to send up the records on a case for review Law clerks & justices review filings 2/3 of all cases never get past this step

– – 3.

The chief justice puts worthy “cert” cases on a list for discussion – –

Rule of Four: If four of the nine justices agree to hear a case, it is accepted (~100/yr) ~50-60/yr cases are decided by a per curiam opinion - a short, unsigned statement of the Court’s decision

How cases reach the Court/ Steps in Deciding Major Cases 4.

The plaintiff & defendant each submit a brief –



5.

A lengthy legal document detailing legal arguments, facts, and past legal precedents (decisions). Parties not directly involved (individuals, interest groups, gov’t agencies) but have an interest in the case may submit amicus curiae briefs (friend of the court)

Lawyers for each side make oral arguments – –

30 minutes apiece Justices may ask questions

How cases reach the Court / Steps in Deciding Major Cases 6.

Conference Fridays  Each case is discussed & voted on  Opinion assignments are made • • • •

Unanimous Majority Concurring Dissenting

Steps in Deciding Major Cases 

Why are opinions crucial? – Set precedent for lower courts to follow – Communicate with Congress, the president, interest groups, and the general public how laws are to be interpreted as well as shaping public policy not only in the private case but throughout American society – Dissenting opinions are important too. The Court does not see one case as the final stance on a particular issue. Society changes throughout time • (ex. Scott and Plessy  Brown)

Misc. Getting to the Court Terminology 

In forma pauperis- Someone who is without the funds to pursue the normal costs of a lawsuit or criminal defense  Fee shifting- who pays attorney costs  Class-action suits- brings suit against the defendant for large numbers of people whose cases involve common questions of law and/or fact against the defendant  Sovereign immunity- the right of a state to be free from lawsuit unless it gives permission to the suit (11th Amendment provides states this luxury)

Misc. Getting to the Court Terminology 

Incorporation doctrine/selective incorporationjudicial doctrine whereby most but not all of the protections found in the Bill of Rights are binding to the states via the 14th Amendment – Technically the Bill of Rights prevents the only federal government from infringing upon the rights of the public (state governments not mentioned) – The 14th Amendment required that states adhere to the Bill of Rights through the due process clause securing liberty & justice for all persons & cannot be abridged by a state – In order to confirm the incorporation doctrine principle, a court case is needed on each amendment

Selective Incorporation of the Bill of Rights

Part IV: Selection of Justices, Policymaking, Checks and Balances, and Public Opinion

Qualifications  

None Background details: – – – – – – –

100+ males, 4 females Law degree (but not required) Considerable experience 50-60 years of age Upper socioeconomic levels Few minorities (Marshall, Thomas) One former president (Taft), author (Oliver Wendell Holmes)

Appointing Judges at the Federal Level 



All federal judges are appointed by the president and confirmed by a majority of the Senate Core factors include: – Judicial ideology/philosophy of the nominee (loose/strict constructionist) – Competence – Political factors/rewards – Diversity



Must pass the litmus test first

Appointing Judges at the Federal Level Other factors:  American Bar Association’s or Federalist Society’s rating of the nominee’s qualifications  Prospects of Senate confirmation  Lobbying from interest groups (labor, civil rights, moral and state v. national rights groups)  Senatorial courtesy  Influence of White House staff and media  Contribution to the future/president’s legacy

Judicial Philosophy Judicial restraint 

Aka– Strict constructionist – Original intent



Support: – Idea that the Founding Fathers built a government of limits and these ideas should be upheld – Citizens possess natural rights that the government must leave alone – The Court does not have the right to “create” policy past precedent should stand – Rulings protect rights of citizens & states not expand the scope/power of the federal government

Judicial Philosophy Judicial activism 

Aka – Broad/loose constructionist



Support: – The Founding Fathers expected leaders to adapt the Constitution to meet the needs of the present – Overturning previous cases is expected if those are seen as wrong (morally or legally) – Courts have the obligation to correct past injustices (segregation, civil rights, etc.) by state & local governments – Judges should use their power broadly to further justice, especially in the areas of equality and personal liberty – Judicial review is a proper & well-established power – The 14th Amendment (incorporation doctrine) provides the federal government enforcement power to obligate states to abide by the Bill of Rights

JUDICIAL ACTIVISM PROS  Needed to correct the injustices of the other branches or the states  Court is the institution of last resort for those without vote or influence or the poor and powerless

CONS  Justices do not have the cost/benefit responsibility  Justices are immune to popular control  Justices act like unelected legislators

Checks and Balances 

Historically the Court has attempted to avoid conflicts between Congress and the President

Checks on Judicial Power: Executive Branch 

Appointment of judges determined by the President  No enforcement power of decisions without aid from the other branches – Need executive branch to carry out the decision/law

Checks on Judicial Power: Legislative Branch Congress can alter the composition of federal courts by: 1. Confirming appointments (majority vote in Senate) 2. Changing number of justices in the SC (currently 9) 3. Establishing more federal courts (district and appellate) altering geographic jurisdiction 4. Establish new laws altering the jurisdiction (types of cases) a federal court can hear (constitutional courts and specialized courts)

Congress can also: 1. Amend the Constitution 2. Enforcement powers • •

Can recreate laws amending/correcting the wrong Appropriation of money

Checks on Judicial Power: Court of Public Opinion Methods Making the Courts Accountable to

Ways of Insulation From   

 

Appointed not elected Serve life terms Court’s ability to control its own docket/set its own agenda (Supreme Court) Salaries cannot be reduced Limited media access/influence to Court proceedings





  



Appointment/confirmation by elected officials who are dependent on public opinion Reliance on executive/legislative branches for enforcement of decisions Checked by new laws/amendments Impeachment Reputation, credibility, legitimacy (individual justice as well as collective body) Congressional control of the SC’s appellate jurisdiction &/or changing the # of justices sitting on the bench

Current Justices

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