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JUDICIARY

JUDICIARY. Two Court Systems in the United States (Judicial Federalism). Federal Judiciary System 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.

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JUDICIARY

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  1. JUDICIARY

  2. Two Court Systems in the United States (Judicial Federalism) • Federal Judiciary System • 50 State Judiciary Systems • Majority of cases heard in state system

  3. 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.

  4. FEDERAL COURTS (Created under Articles III and I)

  5. Two types of Federal Courts • Constitutional Courts: • Article III • Supreme Court • District Courts (94) • Courts of Appeals (13) • Court of International Trade 2. Legislative (Special) Courts: • Article I • Specialized purpose • Created by Congress • Fixed terms • Court of Military Appeals, Court of Claims, and Tax Court

  6. Constitutional Courts Courts created under Article III: US Supreme Court US District Courts Courts of Appeals Court of International trade

  7. Significant SCOTUS Chief Justices

  8. 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

  9. 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”)

  10. 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

  11. 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

  12. 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

  13. John Roberts (2005- present) • 5-4 split on the court currently. (Some say 4-4-1 split)

  14. Supreme Court Only federal court that has both original and appellate jurisdiction (overwhelming majority of its cases are appeals)

  15. A. Federal CourtsConstitutional 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

  16. A. Federal CourtsConstitutional 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 states • United States and a state • Foreign ambassadors and other diplomats • State and citizen of another state (if begun by a state)

  17. A. Federal CourtsConstitutional Courts: Supreme Court:Appellate Jurisdiction • Appeals from lower federal and state courts • Must have standing to sue: • Personal injury • Not hypothetical • Other appeals exhausted • Not moot: still relevant • Ripeness • Justiciable disputes: capable of being settled as a matter of law rather than on other grounds as is commonly the case in legislative bodies

  18. B. Federal CourtsConstitutional 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

  19. B. Federal CourtsConstitutional 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

  20. B. Federal CourtsConstitutional 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

  21. C. Federal CourtsConstitutional 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

  22. D. Federal CourtsConstitutional Courts:Court of International Trade • Nine judges • Civil cases arising from tariff and other trade-related laws

  23. Legislative Courts • Created by Congress for specialized purposes • United States Court of Military Appeals • Federal Bankruptcy courts • Judges do not hold lifetime appointments

  24. 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”

  25. Constitutional Approaches Strict-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

  26. 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

  27. Jurisdiction of Federal Courts Federal-Question Cases: Arising under the Constitution US laws Treaties Diversity Cases: Citizens of different states

  28. 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

  29. 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.

  30. How does the Supreme Court decide what cases to hear? The appeal is heard based on the following criteria: • If a court has made a decision that conflicts with precedent. • If a court has come up with a new question. • If one court of appeals has made a decision that conflicts with another. • If there are other inconsistencies between courts of different states.

  31. How does the Supreme Court decide what cases to hear? The appeal is heard based on the following criteria: • If there is a split decision in the courts of appeals. • Highest court has either supported an unconstitutional state law or determined a federal or state law is unconstitutional

  32. 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

  33. 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

  34. 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 opinions • Solicitor General: represents USA in all cases in which it is a party

  35. 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

  36. 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

  37. 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

  38. Financial constraints on getting to Federal Court • In forma pauperis: without funds • Fee shifting: plaintiff collects its costs from defendant if defendant loses

  39. Non-Financial constraints on getting into federal court • Standing • Real controversy • Actual damage or harm • Not just being a taxpayer • Sovereign Immunity (Government must consent to be sued)

  40. State Courts • Interpret state laws • Cannot rule on federal laws

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