Judicial Federal System: Applying the Law
Chapter 14
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Related Links
Video Theater: Grand and Petit Juries; the Fifth Amendment Soapbox: Rehnquist's Eulogy for Thurgood Marshall How Government Works: Checks and Balances
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Policymaking in the Judiciary
Judiciary important policymaking body Judiciary has wide discretion in rulings A political as well as legal institution
Supreme Court Building
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The Federal Judicial System
Constitution established Supreme Court but left it up to Congress to define rest
Federal judges nominated by President and confirmed by Senate Judges serve life terms; can only be removed by impeachment and conviction No specific requirements Currently eight justices and one Chief Justice
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Jurisdiction
Jurisdiction -- authority to hear a case
Original Jurisdiction Appellate Jurisdiction
Appellate courts review lower court's record to ensure law and court policies followed
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The U.S. Supreme Court
Highest appellate court in the country Also has original jurisdiction in some cases Only reviews state court decisions if federal question involved When first established, five justices In 1837, nine justices named
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The Justices of the Supreme Court of the United States. Top row (left to right): Stephen G. Breyer, Clarence Thomas, Ruth Bader Ginsburg, and Samuel A. Alito. Bottom row (left to right): Anthony M. Kennedy, John Paul Stevens, Chief Justice John G. Roberts, Antonin G. Scalia, and David H. Souter. Collection, The Supreme
Court Historical Society. Photo by Steve Petteway, Supreme Court
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Selecting and Deciding Cases
Judiciary interprets law so past rules apply to the present Supreme Court especially important in establishing precedents
Lower courts expected to follow
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Selecting and Deciding Cases
Supreme Court has almost complete discretion deciding cases to hear
Writ of certiorari
Four justices must agree to hear appeal
Only about 100 of 7,000 cases heard a year Another 50 per curiam decisions
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How do they decide to hear a case?
Supreme Court's rulings resolve broad legal questions Cases more likely to be heard if:
1. Solicitor General petitions Court 2. Two lower appellate courts disagree 3. Case significant to nation 4. Lower court's ruling conflicts with existing Supreme Court ruling
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Deciding Cases
Once writ granted, date set for oral arguments
Each side has about 30 minutes
Each side submits briefs detailing complete argument
The Courtroom of the Supreme Court Building.
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Deciding Cases
Oral arguments less important than judicial conference Attended only by the nine justices
Even clerks not allowed to attend
The Justices' Conference Room
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Issuing Decisions and Opinions
After case decided, court issues ruling
Decision shows which side "won" and by how large a margin Opinion outlines reasoning behind decision
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Types of Opinions
Unanimous Majority Plurality Concurring Dissenting
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The Federal Judicial System
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U.S. District Courts
Lowest federal court
Most federal cases originate and end here Rely on Supreme Court decisions in rulings
94 federal judicial districts; each has at least one court Federal judges appointed by President, confirmed by Senate
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U.S. Courts of Appeal
Appellate courts review cases and issues originally tried in lower courts Thirteen U.S. Circuit Courts of Appeal
Thirteenth Circuit Court of Appeals has national appellate jurisdiction over certain types of cases
Have between four and 26 judges
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Appellate Courts
Do not use juries Usually do not see new evidence Review lower court's records and correct perceived errors Most appeals end here, since Supreme Court hears so few cases
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Special U.S. Courts
Special trial courts have nationwide jurisdiction
The U.S. Court of International Trade The U.S. Court of Federal Claims The U.S. Court of Military Appeals (now U.S. Court of Appeals for the Armed Forces)
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The State Courts
Each state has own court system Most state judges are elected; others appointed Around 95% of all cases decided in state court
Most crimes and civil disputes defined under state law Some conduct illegal under both federal and state laws
A state-law-only case can be brought only in state court
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State vs. Federal Jurisdiction
State cases can only be appealed federally if defendant's constitutional rights violated
Defendant can seek a writ of habeas corpus Federal appeal only looks at federal issues
Federal rulings can invalidate state laws
Lawrence v. Texas (2003)
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Supreme Court Nominees
Chief Justice John Roberts faced strong questioning during his confirmation hearings in 2005, but was confirmed by a 78-22 vote.
Nominated by President; confirmed by Senate Opportunity for President to influence judicial policymaking long after leaving office About 20% have been rejected by Senate
Expected to have personal integrity and solid legal record
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Lower-Court Nominees
Nominated by President; confirmed by Senate
Recent Presidents average 100 a term
Deputy Attorney General screens nominees
Senatorial courtesy a factor
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The Role of Partisanship
Generally, Presidents choose members of own party for federal judgeships Judges prize judicial independence, but partisan may affiliation influence decisions
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Other Characteristics of Judicial Appointees
Prior judicial experience Recent appellate nominees have been district or state judges or have worked in Office of Attorney General White males, although female and minority numbers increasing
Supreme Court less demographically representative than lower courts
Federal District Judge Xavier Rodriguez served on the Texas Supreme Court prior to his appointment in 2003.
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Justice
Year of Nominating Appointment President
Position Before Appointment
John Roberts (Chief Justice)
2005
G. W. Bush
Judge, U.S. Court of Appeals
John Paul Stevens Samuel Alito, Jr.
Antonin Scalia Anthony Kennedy
1975 2006
1986 1988
Ford G. W. Bush
Reagan Reagan
" "
" "
David Souter Clarence Thomas Ruth Bader Ginsburg Stephen Breyer
1990 1991 1993 1994
G. H. W. Bush G. H. W. Bush Clinton Clinton
" " " "
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The Nature of Judicial Decision Making
Judges political officials, but make decisions within legal context
Must wait for actual case Rulings binding only on parties involved Must relate to existing law
Oliver Wendell Holmes Jr. , (Painted by Charles Sydney Hopkinson, Collection of the Supreme Court of the United States)
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The Constraints of the Facts
Facts are relevant circumstances of dispute or offense Facts critical because they determine what law or laws apply to case
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The Constraints of Law
Judiciary constrained by existing laws
Civil Law governs relationships between private parties Criminal Law deals with acts the government defines as illegal Procedural Law refers to rules governing legal process
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The Constitution and Its Interpretation
Nation's highest law Provisions open to interpretation
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Statutes and Administrative Laws and Their Interpretation
Vast majority of cases involve statutes or administrative law All federal courts bound by federal statutes, federal administrative regulations, and treaties Judges use "plain meaning rule"
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Legal Precedents (Previous Rulings) and Their Interpretation
U.S. legal system developed from English common law tradition Philosophy of stare decisis Important: gives law predictability
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Political Influences on Judicial Decisions
Even with legal constraints, judges still have discretion Constitution relatively short and nonspecific Even statutes cannot anticipate all possible applications
Some interpretation always takes place, especially when law itself is silent
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Outside Influences on Court Decisions
Public Opinion and Interest Groups
Judges responsive to public opinion but less so than elected officials Organized groups may work to change laws through lawsuits or amicus curiae briefs in other lawsuits
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Other Outside Influences
Congress
Appropriates funds (or not) to carry out rulings Sets size and jurisdictions of courts Proposes Constitutional amendments Amends laws to overturn court rulings Senate confirms nominees
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Other Outside Influences
The President
Enforces (or not) court orders and rulings Makes appointments Influences cases Solicitor General brings to Supreme Court
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Inside Influences: The Justices' Own Political Beliefs
Justices have personal political beliefs and philosophies
Partisanship affects decisions like Bush v. Gore (2000)
Major shifts usually occur only when membership changes
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Judicial Power and Democratic Government
Judicial review -- power of courts to declare acts of governmental officials or Congress unconstitutional
Not explicitly stated in Constitution Established by Marbury v. Madison (1803)
About 90% of judicial review cases involve state or local laws
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The Debate Over the Proper Role of the Judiciary
The issue is how to define proper limits of judicial authority relative to majority rule Historically, judicial rulings have
Defined broad social policies Restricted states' policymaking authority Narrowed legislative discretion Made judicial action effective political strategy
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Judicial Restraint Versus Judicial Activism
Judicial Restraint states that judges should respect precedent and defer to elected officials, only making rulings within the confines of established laws
Proponents believe activism undermines self-government Restraint preserves public support and compliance with rulings
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Judicial Restraint Versus Judicial Activism
Judicial Activism advocates believe judges should develop new legal principles if compelling need seen, even if rulings overrule elected officials Not limited to one ideology
Liberal activists say courts need to enforce fairness when existing laws are inadequate Conservative activists say courts should strike down attempts to regulate economic activity or limit states' rights
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Restraint Versus Activism in Practice
Review of judicial appointments frequently turn on ideas regarding judicial activism or restraint All recent Supreme Court justices have been activists to some degree Disputes that reach Supreme Court not clear-cut
Sometimes decisions come down to partisan leanings
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Judiciary's Proper Role: A Question of Competing Values
Judiciary established as coequal branch of government and charged with balancing individual rights and minority interests
Minority rights versus majority rule States' rights versus federal power Legislative authority versus judicial authority
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