Chapter 4: The National Judiciary
Jurisdiction- the authority of the court to hear a case. Under the constitution, federal courts have jurisdiction in cases that involve federal laws, treaties and the deep interpretation of the constitution. They also hear cases involving two states and the federal government versus a state.
1. Appellate jurisdiction- hearing cases on an appeal.
2. Original jurisdiction- cases that are heard the first time. Usually, the lower courts have original jurisdiction.
3. Concurrent jurisdiction- when certain types of cases can be heard in state courts or in federal courts.
Structure of courts-
The federal court system has two types of courts:
1. Constitutional courts- federal courts set up by the constitution in Article III- Supreme court and lower, federal courts.
2. Legislative courts- sometimes called special courts. They hear cases that come from the power given to the legislative branch in Article I- war, taxing… Legislative courts have a narrower range of authority.
Underneath the constitutional courts are:
1. District courts- created by the Judiciary act of 1789. They are trial courts on a federal level. Every state has at least one district court. Washington D.C. and Puerto Rico also have one. There are ninety-four district courts in total. District courts hear all cases involving the constitution and federal laws. Eighty percent of federal cases are heard in district courts.
2. Courts of appeal- Congress created courts of appeal in 1891 to help the Supreme Court. Up until 1891, the Supreme Court was hearing all appealed cases, therefore they created lower courts- courts of appeal. They hear appeals from the district courts. They also review decisions made by federal agencies. There are thirteen courts of appeal, so the entire nation is divided into thirteen circuits. The courts of appeal only have appellate jurisdiction. A panel of judges only decided the cases in a court of appeal.
3. Supreme Court- the only court created directly by the constitution. It’s the highest court in the federal judiciary system. It’s the final authority in dealing with all questions regarding the constitution, federal laws, treaties… The Supreme Court has both original and appellate jurisdiction. Most of the cases that the Supreme Court has are coming from district or appellate courts. There are also cases coming from state courts if the constitution or federal law is in debate. The Supreme Court also has original jurisdiction in cases involving foreign governments and representatives of foreign governments. In some cases where the state is a party, the Supreme Court can have original jurisdiction. The Supreme Court has a strong impact on political, economic and social forces in this country. Congress decides the side of the Supreme Court. The current size is nine members (it has been like this since 1869) - eight justices and one chief justice.
Judicial selection-
The president appoints federal judges with confirmation by the Senate. Under the constitution there are no formal qualifications for a judge. They serve during good behavior- if they behave, they serve for life. This allows them to be free of political pressure. They can be removed if they don’t behave by impeachment and conviction.
In the lower courts, the department of justice and the White House staff deal with most of the nominations. Senators of a particular state that is nominating the judge have senatorial courtesy- the Senator who represents his state is given courtesy to approve or disapprove the nominee. In courts of appeal, there is no senatorial courtesy because there are only thirteen circuits, so there would be too many senators to offer this courtesy to.
With regard to courts of appeal, when Senate has to approve justices, they scrutinize with a more critical eye.
Judicial selection for the Supreme Court-
Due to the importance of the Supreme Court, the president gives a lot of time and attention to nominating the judges. The president can only nominate someone to the Supreme Court if there is a vacancy. When considering a nomination, he takes many things into consideration:
1. Party affiliation.
2. Judicial philosophy.
3. Race, gender and religion.
4. Judicial experience.
5. Litmus test- tests your ideology- want to test your stand on hot issues.
6. Test acceptability- how you’ll be accepted by the Senate.
7. Contacts the American Bar Association- national organization of attorneys. Does this to help him understand the nominee.
8. Consults interest groups to see if they support or don’t support a nominee, and he can use their power to pressure the Senate.
9. Consults with other judges on the Supreme Court because it’s important that they get along with the nominee.
Almost all federal judges have some legal experience- lawyer, judge…
African Americans, Hispanics and woman were never heavily represented in the Supreme Court. LBJ appointed the first black judge to the Supreme Court- Thurgood Marshall. Ronald Reagan appointed the first woman in the 80’s- Sandra Day O’Connor.
How the Supreme Court works-
The term of the Supreme Court begins the first Monday in October and generally goes until June of the following year.
Thousands of cases are presented to the Supreme Court every year. Only a few hundred are actually heard. Most are denied- either because the Supreme Court agrees with the ruling or because they believe that it doesn’t discuss a significant point of law.
A case is represented to the Supreme Court in two ways:
1. Certificate- lower courts ask the Supreme Court about a specific procedure or law.
2. Writ of certiorari- when the Supreme Court directs the lower courts to send up the files of a lower case.
For a case to be accepted it must pass the rule of four- four of the nine judges must agree to hear the case. Many of the cases accepted are either ignored or disposed of in brief order because there was already a previous case that dealt with this specific situation. The justices must spend time researching the case. They have clerks that help them out. Then, they confer, research, confer, research… Throughout this whole process there is an informal vote going on.
Once the Supreme Court reaches a decision, they hand down their ruling in a written statement known as an opinion. Who writes up the opinion?
1. If the chief justice is part of the majority party, he either writes up the opinion or chooses who is going to do it.
2. If the chief justice is part of the minority party, the most senior member of the majority party either writes it or chooses someone to do it.
There are different kinds of opinions:
1. Majority opinion- there is a majority of justices who agree with the ruling and the reasons for the ruling.
2. Concurring opinion- agree with the ruling, but not with the reasons.
3. Dissenting opinion- judge who disagrees with the majority opinion.
The opinions of the Supreme Court are important because they set a precedent for the future.
Judicial philosophy:
1. Judicial activism- also called judicial intervention. This is heavy involvement. The courts are very involved in policy. Judicial activists believe in applying the constitution in all areas- social, political and economic, in particular where human rights have been violated or some condition exists.
2. Judicial restraint- feels the court doesn’t take the initiative on social and political issues. They should act strictly within the confines of the constitution. They feel that they should go along with what Congress does so long as it doesn’t violate a clear provision of the constitution.
Generally, judicial activists have a more liberal philosophy. Judicial restraint demands limited usage of judicial powers- they feel that they should allow the other branches of Congress to be stronger.
There have been many different types of courts:
1. Roger Taney- he was the chief justice during the Civil War era. He passed down certain rulings which helped bring about the Civil War, such as the Dred Scott decision. Also, during the war he approved of the broad powers that Lincoln took.
2. FDR- when FDR was president during the New Deal era, the courts were full of controversy. Congress passed New Deal laws and when the Supreme Court nixed some of them, Roosevelt wanted to change the court because they weren’t running along with him. He wanted to add judges to the court- Court Packing. Congress never agreed with Roosevelt on this. But, in his favor, chief justice Charles Evans Hughes and associate justice Owen Roberts switched how they were voting. It was a “switch in time to save nine”.
3. Warren court (1953- 1969)- considered the most activist court ever. Chief justice Earl Warren passed many civil rights rulings such as:
a. Brown vs. Board of Education
b. Gideon vs. Wainwright
c. Miranda vs. Arizona
4. Burger court (from 1969)- Warren Burger’s court was a drop more conservative than the Warren court with regard to the rights of the defendant:
a. Roe vs. Wade- permitted abortion.
b. USA vs. Richard Nixon- ruled that the president doesn’t have executive privileges over his tapes and he must hand them over.
c. Board of Regents of California vs. Allan Bakkey- ruled against the use of quotas, but they were for affirmative action- giving underprivileged children a head start.
5. William Rhenquist (1986- 2005)- from the most restrained of courts. This was the most conservative court in American history. They didn’t overturn any rulings, but they limited further liberal rulings. In another abortion case, Planned Parenthood vs. Casey, they didn’t overturn Roe vs. Wade.
6. Roberts court- John Roberts is the chief justice today and he continues the conservative movements.
Judicial activism vs. judicial restraint is argued until today. Some feel that it’s not in the court’s rights to get involved, but others feel that it is the court’s right to protect the people.
