The Federal Judiciary

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The Federal Judiciary
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The Structure of the Federal Judicial System
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Important Terms

• Attorney General
• Solicitor General
• En Bank- all judges will hear a case rather than
  a panel. Used for complex or significant cases
  where it is of significance to the public.
• Litigants
• Plaintiff
• Defendant
• standing to sue- who is authorized to start a
  lawsuit
• Habeas corpus- an arrested person must be
  informed of charges against them.

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The Supreme Court
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Judicial Review

• Marbury v. Madison. Gave the Supreme Court what
  power?
• Reviews Constitutionality of
• State and federal legislation
• Actions of chief executives
• Decisions of other courts
• The Courts generally have tried to avoid
  deciding conflicts between Congress and the
  President. (called political questions)

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Factors That Influence Supreme Court Nominations
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The U.S. Constitution and the Appointment of
Supreme Court Justices

• Article II, Section 2 describes the appointment
  powers of the President
• He shall have Power, by and with the Advice
  and Consent of the Senate to nominate Judges of
  the Supreme Court.

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The U.S. Constitution and the Supreme Court

• Article III describes the judicial power of the
  Supreme Court
• The judicial Power of the United States, shall
  be vested in one supreme Court, and in such
  inferior Courts as the Congress May establish.
  The Judges, both of the supreme and inferior
  Courts, shall hold their Offices during good
  Behavior

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What does this cartoon tell us about factors
considered in the nomination/confirmation
process..
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Factors That Influence Supreme Court Nominations

• Party affiliation (80 or higher)
• Judicial Philosophy
• Litmus Test - where nominees stand on
  controversial issues like abortion
• Background of nominee (education, experience,
  race, gender, ethnicity, etc.)

• Political favors
• Interest group input
• American Bar Association certification
• Securing a safe nominee

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The Constitution the Supreme CourtQuestions
for Discussion

1. Identify the constitutional requirements for
   appointing Supreme Court Justices.
2. Discuss the purpose and significance of federal
   judges servings life terms.
3. How do these constitutional provisions promote
   checks and balances of the three branches of the
   federal government?

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U.S. Supreme Court Confirmation Process
Stage 2 Senate Judiciary Committee Hearing
Stage 3 Full Senate Vote
Stage 4 Oath of Office?
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I will take this case all the way to the Supreme
Court

• Writ of Certiorari (i.e."Rule of Four)
• Annual docket 8,000 cases
• Fewer than 100 heard or reviewed
• 300 filing fee
• In forma pauperis right to be heard at no
  expense.
• Often, interest groups will foot the bill.
• Quorum 6

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Impact of Rulings

• When making their decisions, SC justices consider
  the following
• Stare Decisis or precedent...
• let the decision stand.
• Why important?
• Stability
• Legitimacy
• Equality
• Personal Ideology (Activism vs. Restraint?)
• Public Opinion
• See following slides for 2 3

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Judicial Activism vs. Judicial Restraint

• Judicial Activism
• The tendency of judges to interpret the
  Constitution according to their own views
• Judges should discover general principles
  underlying the Constitution, amplify them, and
  apply them to cases.

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Judicial Activism vs. Judicial Restraint

• Judicial Activism
• The tendency of judges to interpret the
  Constitution according to their own views
• Judges should discover general principles
  underlying the Constitution, amplify them, and
  apply them to cases.

• Judicial Restraint
• Those who believe that the Supreme Court in its
  rulings should defer to the elective institutions
  of government
• Belief that judges should only judge i.e.
  confine themselves to applying rules clearly
  stated in the language of the Constitution.

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Activity Activism or Restraint?

1. Justice Harry Blackmun in dissenting opinion in
   Furman v. Georgia (1972) (voided the death
   penalty) stated, "Cases such as these provide for
   me an excruciating agony of the spirit I yield to
   no one in the depth of my distaste antipathy and
   indeed abhorrence, for the death penalty. were I
   a legislator I would vote against the death
   penalty. . I do not sit, however as a
   legislator... our task here .. . is to vote pass
   on constitutionality of legislation that has been
   enacted and that is challenged. This is the sole
   task for judges. We should not allow our personal
   preferences as to the wisdom of legislative or
   congressional action, or our distaste for such
   action to guide our judicial decision.

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Activity Activism or Restraint?

• 2) Justice Stephens in Clinton v. New York City
  (line-item veto) argues that the law is
  unconstitutional in part, because Article II
  section 7 stases that a bill be "presented to the
  President of the United States if he approve he
  shall sign it, if not he shall return it." This
  leaves no room for another option.

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Activity Activism or Restraint?

• 3) In Texas v. Johnson (1989) Justice Brennan
  found that Johnson's conviction for flag
  desecration is inconsistent with the first
  amendment. The first amendment forbids the
  abridgment only of 'speech' but we have long
  recognized that its protection does not end at
  the spoken word.

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ADVICE

• As you read, pay close attention to how each
  Supreme Court Chief Justice impacted his court.
  Be able to discuss the impacts of each court.

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Checks on Judicial power
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Public Opinion

• The Courts do not deviate too far from public
  opinion, because
• Reliance on other public officials to execute
  decisions.
• May be overruled with new laws or constitutional
  amendments.
• Concern for its reputation/credibility.
• The potential for the impeachment of judges.
• Congressional control of the Supreme Courts
  appellate jurisdiction and/or changing the number
  of justices on the Court.
• Pass legislation that clarifies existing laws
  and, thus, overturns the courts.

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However

• The Supreme Court is insulated from public
  opinion by
• Appointed, not elected
• Serve life-terms
• Courts ability to control its own docket/set its
  own agenda.
• Salaries cannot be reduced.
• Limited access to Court proceedings

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VIDEO

• During the video where Chief Justice John Roberts
  discusses the Origin, Role, and Impact of the
  Supreme Court, record the question asked and
  briefly summarize the answer.

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REVIEW from John Roberts Discussion

• What are the steps taken once a case has reached
  the Supreme Court?

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The Supreme Court in Action

1. After cert has been granted
2. Lawyers for each side submit a brief, which sets
   forth the facts of each case and summarizes lower
   court decisions.
3. Oral arguments before court. (no more than ½ hr.)

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The Supreme Court in Action

• Every Friday, the judges secretly meet in their
  chambers to debate the cases and decide whether
  or not to grant cert.
• No one speaks twice before everyone speaks
  once.
• After arguments, they vote

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The Supreme Court in Action

• Decision Rendered
• Types Per curiam, Majority Opinion, Concurring
  Opinion, Dissenting Opinion

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CAUTION

• Remember that this lesson is designed to
  highlight key information or clarify some things
  that may be confusing. This is NOT a
  comprehensive lesson on the Federal Court System.
  To gain a more thorough understanding, make sure
  that you carefully read Chapter 16 and complete
  the reading guide.