Courts in the American Political System

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Courts in the American Political System
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Courts Serve a Number of Broad Functions

• Interpretation of Statutory and Administrative
  Law
• Development and Interpretation of Common Law
• Interpretation of Constitutional Law (Judicial
  Review)
• Marbury v. Madison (1803)

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Structure of the Court System
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Jurisdictions and Powers

• Original jurisdiction
• Appellate Jurisdiction
• Criminal/civil/administrative cases

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Jurisdictions of Federal Courts

• Supreme Court Appellate and Original
• U.S. Courts of Appeal Appellate
• U.S. District Courts Specialized Federal
  Courts Original

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Are the Courts too Powerful?

• Criticisms are usually based on the Courts
  structure and goals
• Method of Selection
• Term of appointment
• Anti-majoritarian
• But Framers viewed the courts as the least
  dangerous branch
• Constitution had little to say about courts
• Other Branches have significant control
• Nature of judicial power limits the scope of that
  power

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How Do Cases get to the Supreme Court?

• Original Jurisdiction
• Cases come from U.S. Appeals Court or from State
  Supreme Court.
• Petitioners (losers at the lower level) file a
  writ of certiorari
• Very few writs are granted

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• Some factors influence the likelihood of being
  granted a writ of certiorari
• Case involves a fundamental civil rights or civil
  liberties question
• U.S. Government is the appellant
• Lower court decision was ideologically liberal
• A high number of amicus curiae briefs

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Judicial Selection

• Presidential appointment, Senate confirmation
• Senatorial Courtesy
• Influences on Judicial Appointments
• Representational qualifications
• Professional qualifications
• Doctrinal qualifications

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Influence on Judicial Decision Making

• The Law stare decisis (precedent)
• Personal policy preferences
• Ideology
• Activism v. Restraint
• Other members of the court
• Political environment