Judiciary

1
Judiciary

• System
• Powers and Role
• Judicial Review
• Institution
• Organization of Dual Court System
• How Supreme Court functions
• Individual
• Selection of Judges
• How Judges decide

2
Judicial Power

• Article III, sect. 1
• vested in one SC and in such inferior courts as
  Congress may ordain establish
• Article III. Sect. 2
• Cases Const, laws of US, treaties
• Controversies ambassadors, admiralty, states,
  citizens of different states, US is party

3
Role

• Apply the rule (law, regulation, Const) to a
  particular case or set of circumstances
• Federalist 78 Hamilton
• least dangerous branch
• merely judgment
• duty it must be to declare all acts contrary to
  the manifest tenor of the Const void

4
Marbury v. Madison (1803)

• Facts
• Federalists defeated in election of 1801
• Lame duck Congress estd judicial positions
• Adams nominated appointees, incl. Marbury, Senate
  confirmed, not all delivered
• Madison refused to deliver 4 commissions

5
Marbury v. Madison (1803)

• Procedure
• Marbury brought suit directly to SC under Sect.
  13 of JA of 1789
• Asked SC to issue writ of mandamus (order
  directing occupant of office to fulfill duties of
  office)
• Asked SC to direct Madison to deliver commission

6
Marbury v. Madison (1803)

• Issues
• 1) Has Marbury a right to the commission? YES
• 2) If he has a right and that right has been
  violated, do the laws of his country afford him a
  remedy? YES
• 3) If they do afford him a remedy, is it a
  mandamus issuing from this Court? NO

7
Marbury v. Madison (1803)

• Holding
• Conflict betw. Article III which establishes
  original jurisdiction of the SC
• And Sect. 13 of Judiciary Act of 1789, which
  expands original jurisdiction to include writs of
  mandamus
• Therefore, Sect. 13 of JA of 1789 is
  unconstitutional

8
Marbury v. Madison (1803)

• Chief Justice John Marshall
• It is emphatically the province and duty of the
  judicial department to say what the law is.
  Those who apply the rule to particular cases must
  of necessity expound and interpret that rule.
• Asserts the basis for judicial review power of
  courts to invalidate statues, treaties or exec
  actions on the grounds they violate the Const.

9
Judiciary as Institution

• Dual Court system state federal
• Jurisdiction civil and criminal original and
  appellate
• Judiciary Act of 1789 federal
• State Constitutions
• Intersections betw state federal
• State law and federal Constitution appeal to
  federal SC
• Federal habeas corpus - controversial

10
Hierarchical Systems (Fig. 10.1)

• Trial Court Level
• Federal district courts 94 272,027 cases
• State trial courts 89 million filings
• Appeals Court Level
• US Court of Appeals 13 52,319 cases Fig.
  10.2
• Intermediate Appellate Courts ½ states almost
  300,000 cases
• Supreme Court

11
U.S. Supreme Court

• Jurisdiction
• Original rare
• Appellate from state SCs or US Cts.of Ap
• How decides to hear
• Discretion
• Writ of Certiorari petitions
• Rule of four - cues

12
U.S. Supreme Court

• Caseload
• Number of petitions for review increasing
• 5,144 in 1980-81
• 8,445 in 1999-2000
• Number of cases heard declining
• 152 in 1980-81
• 73 in 1999-2000

13
Judiciary Individual Level

• State Court Judges
• Elected
• Partisan or Non-partisan
• Appointed
• Governor or Legislature
• Missouri Plan
• Merit

14
Federal Court Judges

• Appointed by the President with the advice and
  consent of the Senate
• For life
• Removed by impeachment for misconduct
• District Court Judges
• President defers to Senate
• Senatorial courtesy
• 653 active 300 retired

15
Federal Court Judges

• Courts of Appeals (Circuit Courts)
• President Justice Dept more involved
• More contentious
• Generally each state in circuit has one judge
• 179 active and 80 retired

16
Supreme Court Justices

• Presidents nominee criteria
• Competence
• Judicial philosophy
• Politics
• Senate Judiciary Committee hearings
• ABA ratings/ Interest groups involved
• Nine justices since 1869

17
Current Supreme Court

• Chief Justice Rehnquist 1924 Nix/Re
• Justice Stevens 1920 Ford
• Justice OConnnor 1930 Reagan
• Justice Scalia 1936 Reagan
• Justice Kennedy 1936 Reagan
• Justice Souter 1939 Bush
• Justice Thomas 1948 Bush
• Justice Ginsburg 1933 Clinton
• Justice Breyer 1938 - Clinton

18
Supreme Court Decision Process

• Submission of briefs from parties and amicus
  curiae briefs
• Oral Argument ½ hr. each side
• Conference discuss, vote
• Assign majority opinion
• Drafting and circulating opinions
• Opinion Day

19
Influences on Judicial Decisions

• Precedent prior decisions
• Briefs
• Judicial Attitudes and Values
• Social Bkgd and Experience
• Policy preferences and Role of Court
• Interaction Among Justices
• Group Decision Making
• Strategic Behavior

20
Evaluation of Court Decisions

• Judiciary has a special capacity to do justice
  that is superior to that possessed by other
  branches
• Written justifications
• Held to precedents
• Consistency and impartiality
• Expectation of fairness
• Even-handedness

21
Courts as Policymaking Insts

• Justices are aware of the tenuous nature of
  their power and use it wisely
• Judicial process imposes constraints
• Passive
• Narrow and focused on particular issue
• Piecemeal incremental decision making

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