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The Judiciary

9. The Judiciary. Larry Downing/Landov. Constitutional Convention Madison took few notes on Article III Framers devoted little time to Judiciary They believed the Judiciary posed little threat of tyranny L ife tenure – free of political or public whims Article III

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The Judiciary

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  1. 9 The Judiciary Larry Downing/Landov

  2. Constitutional Convention Madison took few notes on Article III Framers devoted little time to Judiciary They believed the Judiciary posed little threat of tyranny Life tenure – free of politicalor public whims Article III Section 1 established the Supreme Court and inferior courts from time to time as Congress may establish Section 2 specifies judicial power and jurisdiction of the Court Original Jurisdiction – SC first to hear a case Appellate Jurisdiction – ability to review or revise cases from a lower court 9.1 Roots of the Federal Judiciary

  3. Three-tiered Court Structure Federal District Court Circuit Courts (Courts of Appeal) Supreme Court Rocky beginning for Supreme Court Changes in personnel Limited space No clerical support No system for reporting decisions Circuit court duties required substantial travel on horseback 9.1 The Judiciary Act of 1789 and Creation of the Federal Judiciary

  4. John Marshall's tenure: 1801–1835 Opinions from the Court, rather than individual justices McCulloch v. Maryland (1819) Broad interpretation of "necessary and proper" clause Marbury v. Madison (1803) Established Judicial Review – the ability for the Supreme Court to determine the constitutionality of Federal/State laws as well as treaties The Court lacked the authority to issue a writ of mandamus under the Judiciary Act of 1789 9.1 Marshall Court: Marbury v. Madison (1803) & Judicial Review

  5. 9.2 The Federal Court System • The Supreme Court • Hears 75-80 cases per term • Most are of appellate jurisdiction (1-3% original jurisdiction) • The Courts of Appeals • 13 courts handling 60K cases • 11 regular appellate courts and 2 special courts • No original jurisdiction • The District Courts • 94 courts handling 350K cases a year • No appellate jurisdiction • 11 Federal district court systems

  6. 9.2 FIGURE 9.1 How is the American Judicial System Structured?

  7. Each state has at least one More populous states have more 11 Federal District Court systems Decisions are binding ONLY that district Jurisdiction Must involve federal or multi-state issue U.S. Attorney General Nominated by president; confirmed by Senate 9.2 The District Courts

  8. 9.2 FIGURE 9.2 What are the boundaries of federal district courts and courts of appeals?

  9. Eleven Courts of Appeals A twelfth is restricted to federal regulatory commissions A thirteenth is restricted to patents Decisions are binding ONLY in that district Number of judges varies Depends on workload and complexity No original jurisdiction No new testimony 9.2 The Courts of Appeals

  10. Jurisdiction Reviews cases from U.S. Courts of Appeal and state supreme courts 1-3 % original jurisdiction 97-99% appellate jurisdiction Members Eight associate justices and one chief justice Precedent Rules are binding throughout the nation. Stare decisis – latin for let the decision stand 9.2 The Supreme Court

  11. Writs of Certiorari Latin – to be informed Request from the Supreme Court to order up records from the lower courts Cases must come from from U.S. Courts of appeals or other courts of last resort (State Supreme Court). Must involve a federal question Rule of Four cert pool – each justice (except Alito) review a fraction of cases and share notes Noteworthy cases make it on to the discussion list Court decides to hear a case when four justices vote yes for any case on the discussion list 9.4 Deciding to Hear a Case

  12. 9.4 FIGURE 9.4 How Does a Case Get to the Supreme Court?

  13. Oral Arguments Questions asked and answered amicus curiae – Latin for friend of the court The Conference and the Vote Closed conferences twice a week Justices openly discuss amongst themselves Writing Opinions Majority opinions Dissenting opinions 9.4 Hearing and Deciding the Case

  14. Judicial philosophy and ideology Judicial restraint – Court should allow the decisions of other courts to stand. Unelected judges make up federal courts rendering the judicial branch the least democratic branch. Defer policymaking to other branches as much as possible Judicial activism – transitive (property) policy making Strict constructionism – typically advocated by restraintists, that the Court should interpret the constitution as the Framers originally intended it. 9.5 Judicial Philosophy, Original Intent, and Ideology

  15. 9.6 Court Tradition • At precisely 10am every morning the court is in session, the U.S. solicitor general, or the Court marshal, shouts “Oyez! Oyez! Oyez!” • Oyez descends from the Anglo-Norman oyez, the plural imperative form of oyer, from Old French ouïr, "to hear"; thus oyez means "hear ye" and was used as a call for silence and attention.

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