chapter 15 the federal courts

1. Chapter 15The Federal Courts

3. Roe v. Wade 1973 The U.S. Supreme Court ruled that a state’s interests in regulating abortion to protect the life of a fetus can only override a woman’s fundamental right to privacy when the fetus becomes viable.

4. Webster v. Reproductive Health Services (1989) In 1989, the Supreme Court diminished a woman’s right to have an abortion by upholding a Missouri law that barred the use of public monies and facilities to perform abortions, and required physicians to test for fetal viability at 20 weeks. Several other states began to legislate various limits on abortion.

5. What Changed? The language of the U.S. Constitution had not changed in the time that elapsed between Roe and Webster, but the interpretation of the constitutional standing of privacy and the right of states to regulate abortion had changed significantly.

8. The Legal System Cases and the Law Types of Courts

9. Case and the Law: Terms Criminal law--is a legal dispute dealing with an alleged violation of the penal code. Criminal cases are classified according to their severity. Misdemeanor--is a relatively less serious criminal offense (minor traffic violation). Felony--is a more serious crime, such as murder, rape, or burglary. In a criminal case, the government must prove the defendant’s guilt “beyond a reasonable doubt.”

10. Civil Law Civil cases are legal disputes concerning a private conflict between two or more parties--individuals, corporations, or government agencies. Civil cases include property, probate, domestic relations, contract and tort cases. The plaintiff is required to prove the case “by a preponderance of the evidence.”

11. Conferral Power on the Federal Courts The Constitution established “one Supreme Court” but left to Congress the structure of the federal judiciary. The first Congress adopted the Judiciary Act of 1789. It provided for a system of federal courts that would coexist with the courts of each state but independent of them. The first decade or so under the Constitution, the Supreme Court was not especially powerful.

12. The Constitution and the National Judiciary Article III of the Constitution establishes: a Supreme Court in which the judicial power of the United States is vested life tenure or ‘good behavior’ for judges judges receive compensation that cannot be diminished during their service such inferior courts as Congress may choose to establish the original jurisdiction of the Supreme Court The intent of Article III was to remedy the failings of the Articles of Confederation which left judicial matters to the states.

13. Judicial Review Judicial review is the power of a court to decide if a law or other legal issue contravenes the Constitution, and overturn it. This power is not mentioned in the Constitution. Judicial review was established by the Marshall Court for itself and posterity in Marbury v. Madison (1803). Marbury's long-term effect has been to allow the Court to have the final say in what the Constitution means.

14. The Ascendancy of the Supreme Court Judicial Review led to the ascendancy of the Supreme Court. The Court’s power was boosted under the third Chief Justice, John Marshall, who authored the opinion in Marbury v. Madison. Judicial Review is the power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional.

15. Judicial Review The power of judicial review appears to run counter to democratic theory: an unelected branch checks an elected branch in the name of the Constitution. Hamilton anticipated the power of judicial review and discussed it in Federalist 78

16. Judicial Review of State Actions Supremacy clause provides that the Constitution is the supreme law of the land Supreme Courts uses supremacy clause to declare acts of the states unconstitutional For example, Brown v. Board of Education (segregation) Roe v. Wade (abortion statutes) Loving v. Virginia (interracial marriages)

17. Judicial Review and Lawmaking The power of judicial review is used to define basic concepts as the apply to laws enacted by Congress and the president The courts become lawmakers

20. Types of Courts Trial Court-The first court to hear a criminal or civil case Appellate Court Supreme Court

21. Trial Courts 94 district courts At least one in each state Includes Bankruptcy courts Types of Cases: U.S. Constitution Federal statutes Diversity 2 special trial courts with nationwide jurisdiction U.S. Court of International Trade U.S. Court of Federal Claims Ct of Federal claims: claims for monetary damages against the United States: federal contracts, eminent domain, etc. Ct of Federal claims: claims for monetary damages against the United States: federal contracts, eminent domain, etc.

22. Organization of the Federal Courts The Federal Court system is like a pyramid: the Supreme Court is at the apex, the U.S. Courts of Appeals occupy the middle, and the U.S. District Courts serve as the base

24. Federal Circuits (13)

25. The Court System Few case run the gamut of the court system. Most are settled; some are abandoned. When a judge decides a case, it is said to be adjudicated. To support their decisions, judges give reasons in writing. These are called opinions. By publishing their opinions, judges make their reasons available to others.

26. Appellate Courts 94 district courts are organized into 12 regional circuits (11 Circuits + D.C. Circuit) Each Circuit has a Court of Appeals Types of cases: Appeals from the district courts in its circuit Appeals from decisions of federal administrative agencies 1 special circuit – the Federal Circuit Patent cases Appeals from the Court of International Trade Appeals form the Court of Federal Claims

27. U.S. Courts of Appeal Case litigated beyond the federal district courts usually go to one of the 13 regional appeals courts. The judges in these courts sit in panels of three (more sit in on important cases): they aim at correcting errors in the lower courts and making policy through the opinions they write. New factual evidence cannot be introduced before such courts and no witness are called Lawyers for each side submit briefs that set out the legal issues at stake.

28. Opinion Writing Opinion writing gives judges influence beyond the immediate case. Judicial policymaking occurs: when judges interpret prior decisions. This is known as common law or judge-made law. When judges interpret legislation. This is known as statutory law. When judges interpret the Constitution. This is known as judicial review

29. The Supreme Court: Access and Decision Making The mottoes inscribed on the Supreme Court building capture the Court’s difficult task: providing equal justice under the law while making justice the guardian of liberty. Flag burning as from a political protest pits the value of order against the value of freedom. School desegregation pits the value of equality (equal educational opportunities for minorities) against the value of freedom (parental interest in sending their children to neighborhood schools).

31. The Supreme Court The Supreme Court is made of one chief justice and eight associate justices. The Constitution does not specify the number of justices that should sit on the court. Congress has the authority to change the court’s size The number has been 9 since 1869.

33. How Judges are Appointed Appointed by the president Confirmed by the Senate Senatorial Courtesy

34. Presidents and the Judges They Appoint Reagan and Bush appointed five judges whom they believed to have conservative perspectives. They sought appointees who supported the moral positions taken by the Republic Party in recent years, particularly opposition to abortion. However, appointees do not always fulfill their sponsors’ expectations (Bush-Souter)

35. Presidents and Their Appointees Clinton endeavored to appoint liberal justices (Ginsburg and Breyer) The Appointment Process have come to involve intense partisan struggle. Not true with Bush

37. Access to the Court The Court decides about 100 cases a year, though it receives about 7,000 request for review. The case must be “ripe”

42. Controlling the Flow of Cases The Solicitor General-the top government lawyer in all cases before the Supreme Court where the government is a party. Solicitor General exerts especially strong influence by screening the cases before any agency of the federal government can appeal them to the Supreme Court. The Solicitor General can enter a case even when the federal government is not a direct litigant by writing an amicus curiae

43. Solicitor General Given the Solicitor General’s influence in the Court’s agenda setting, it is not surprising that he/she is recognized at the tenth justice.

44. Rules of Access Court has specific rules that govern which cases within their jurisdiction they will and will not hear. In order to have access to the court, cases must meet certain criteria. Controversy Standing Mootness

45. Controversy/Standing/Mootness The case before the court must be an actual controversy, not a hypothetical one, with two truly adversarial parties. Standing--parties must show that they have a substantial stake in the outcome of the case Mootness-a criterion used by the courts to screen cases that no longer require resolution.

46. Writs Decisions handed down by lower courts can reach the Supreme Court in one of two ways. Writ of certiorari Writ of habeas corpus

47. Writ of Certiorari A decision of at least four of the nine Supreme Court justices to review a decision of a lower court (Rule of Four) state has come up with an entirely new federal question one court of appeals has rendered a decision in conflict with another when there are inconsistent rulings between two or more courts or states.

48. Writ of Habeas Corpus A court order that the individual in custody by brought into court and shown the cause for detention. This writ gives state prisoners a second channel toward Supreme Court Review in case their direct appeal from the highest state court fails.

49. The Supreme Court’s Procedures Briefs Oral Argument Conference Opinions and dissent Majority Opinion Concurring Opinion Dissenting Opinion

50. The Process Justices reach a tentative decision only after they have met in conference. Voting decisions are base on Judicial Restraint or Judicial Activism. The voting outcome is the judgment

51. The Opinion After voting, the justices in the majority draft an opinion setting out the reasons. After the conference, the chief justice (if in the majority) writes the majority opinion or assigns that responsibility to another justice in the majority

52. The Opinion Concurring opinions-- occur when justices agree with the majority decision, but offer a somewhat different rationale to support it. Dissenting opinion--a decision written by a justice in a particular case in which the justice wishes to express his/her reasoning in the case

53. Explaining Supreme Court Decisions Judicial Activism-maintains that judges should interpret laws loosely, using their power to promote their preferred social and political goals Judicial Restraint-maintains that legislators should make the laws. Judges should follow these laws very closely Political Ideology

54. How the Justices Vote Legal Factors Judicial Philosophy Judicial Restraint - advocates minimalist roles for judges, and the latter Judicial Activism - feels that judges should use the law to promote justice, equality, and personal liberty. Precedent Prior judicial decisions serve as a rule for settling subsequent cases of a similar nature.

55. Extra-Legal Factors Behavioral Characteristics The personal experiences of the justices affect how they vote. Early poverty, job experience, friends and relatives all affect how decisions are made. Ideology Ideological beliefs influence justices' voting patterns. The Attitudinal Model A justice's attitudes affect voting behavior. Public Opinion Justices watch TV, read newspapers, and go to the store like everyone else. They are not insulated from public opinion and are probably swayed by it some of the time. How the Justices Vote

56. Landmark Cases Marbury vs. Madison (1803) judicial review McCulloch vs. Maryland (1819) upheld implied powers clause Gibbons vs. Ogden (1824) power to regulate interstate commerce, federal law prevails over state law Dred Scott vs. Sandford (1857) contributed to the Civil War

57. Landmark Cases cont. Plessy vs. Ferguson (1896) “separate but equal” Brown vs. Board of Education (1954) “separate is inherently unequal” Roe vs. Wade (1973) right to privacy

58. The Citizen’s Role Citizens are required to participate in the judicial process as jurors to ensure that justice is provided to every American The judiciary is a fundamental tool in the develop of public policy In the following chapters, we will tie everything together as we examine the formulation of public policy