Do you ever have one of those days when everything seems unconstitutional?" "

1. Do you ever have one of those days when everything seems unconstitutional?""

2. The Federal Courts Chapter 16

3. The Nature of the Judicial System • Two court systems – state courts, federal courts • Two types of cases: • Criminal Law: government charges an individual with violating one or more specific laws • Civil Law: court resolves a dispute between two parties

4. Participants • Litigants • Plaintiff / Prosecutor - the party bringing the charge • Defendant - the party being charged • Jury - the people (normally 12) who often decide the outcome of a case

5. Participants • Groups • Use the courts to try to change policies. • Amicus Curiae briefs (“friend of the court”) –written argument filed on behalf of one party in a case; used to influence the courts. • Attorneys

6. The Structure of the Federal Judicial System Figure 16.1

7. Federal Court System • Step 1 – DISTRICT COURTS • 94 US Dist. – Hear 342,000 cases/yr • Trial by jury (only federal court with jury) • 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

8. The Structure of the Federal Judicial System – Federal District Courts • http://upload.wikimedia.org/wikipedia/commons/thumb/d/df/US_Court_of_Appeals_and_District_Court_map.svg/2000px-US_Court_of_Appeals_and_District_Court_map.svg.png

9. The Structure of the Federal Judicial System • The Federal Judicial Circuits (Figure 16.2)

10. Federal Court System • Step 3 – US Supreme Court • 2010 – hear less than 1% of cases • Hear appeals – writ of certiorari • Rule of 4 – 4 justices needed to agree to hear a case Chief Justice John Roberts

11. The Structure of the Federal Judicial System • The Supreme Court • 9 justices – 1 Chief Justice, 8 Associate Justices • Supreme Court decides which cases it will hear • Some original jurisdiction, but mostly appellate jurisdiction. • Two routes – State Supreme Court or Federal Courts --Most cases come from the federal courts

12. 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 • Concurring Opinion – justices who agree for other reasons can give their opinion • Dissenting Opinion – justices who disagree with the opinion write their side

13. The Courts as Policymakers • Making Decisions • Oral arguments may be made in a case. • Justices discuss the case. • One justice will write the majority opinion (statement of legal reasoning behind a judicial decision) on the case. • Oral arguments –http://www.oyez.org/cases/2000-2009/2006/2006_06_278/argument Figure 16.5

14. The Courts as Policymakers • Making Decisions, continued • Stare decisis: to let the previous decision stand unchanged. • Precedents: How similar past cases were decided. • Original Intent: The idea that the Constitution should be viewed according to the original intent of the framers

15. The Courts and the Policy Agenda • A Historical Review • John Marshall and the Growth of Judicial Review • Marbury v. Madison • Judicial review: courts determine constitutionality of acts of Congress • The Warren Court, The Burger Court – civil rights & civil liberties • The Rehnquist Court – conservative; state authority; new federalism

16. Implementation • “John Marshall has rendered his decision; now let him enforce it!” – Andrew Jackson • “All deliberate speed” – Chief Earl Warren • 10 years after Brown only 1% of Southern schools were desegregated • Court must rely on branches, states, and officials to enforce its ruling

17. Public Influence on Justices • Justices are NOT elected, appointed by Prez • However, not entirely immune to public opinion • Appointed by Prez, agree with his ideologies, Prez was elected • Justices are aware of public opinion, and are aware that decisions that are radically against public opinion will not be implemented

18. Appointment • President appoints judges for ALL federal court vacancies • Senate must confirm all nominations by majority vote (Advice and consent) • Senatorial courtesy – tradition started by G.Washington to seek approval from local senators over locally appointed judges -- Federal District & Circuit Courts only, not SC

19. Checks on the Supreme Court • President appoints all justices • Public opinion • Congress must confirm appointments • Congress may alter the structure of the court system (# 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 originally found unconstitutional so Congress added 16th amendment

20. Judicial and Political Philosophy Judicial Activism (Miranda v. Arizona) 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 values in court decision; loose constructionism Equality Liberal Leans to the left on public policy and would vote Democrat Conservative Leans to the right on public policy and would vote Republican Freedom Order Freedom Judicial Restraint (Schenck v. U.S.) Legislators, not judges, should make the laws. Judges are said to exercise judicial restraint when they rule closely to statutes and previous cases when reaching their decisions. They follow the “original intent” of the framers; strict constructionism