The Federal Courts 15 Jon Elswick/AP Images
Learning Objectives 15.1 15.2 15 Identify the basic elements of the American judicial system and the major participants in it. Outline the structure of the federal court system and the major responsibilities of each component.
Learning Objectives 15.3 15.4 15 Explain the process by which judges and justices are nominated and confirmed. Describe the backgrounds of judges and justices and assess the impact of background on their decisions.
Learning Objectives 15.5 15.6 15 Outline the judicial process at the Supreme Court level and assess the major factors influencing decisions and their implementation. Trace the Supreme Court's use of judicial review in major policy battles in various eras of American history.
Learning Objectives 15.7 15 Assess the role of unelected courts and the scope of judicial power in American democracy.
15.1 Vocabulary Amicus curiae - friend of the court Stare decisis - let the decision stand Precedent - a model on which to base later decisions or actions Slander - false speech Libel - false writing Jus Soli - law of the soil Jus Saguinis - law of blood
The Nature of the Judicial System Participants in the Judicial System 15.1
Participants in the Judicial System Litigants Actual disputes, no hypothetical cases Standing Class action suits Justiciable disputes Attorneys Large profession; 1 million attorneys Not only for the rich anymore Groups Amicus curiae briefs 15.1
15.1 Linda Brown Carl Iwasaki/Time & Life Images/Getty Images
15.1 In which type of case can the defendant receive imprisonment as a punishment? a. Criminal b. Civil c. Class action d. All of the above 15.1
15.1 In which type of case can the defendant receive imprisonment as a punishment? a. Criminal b. Civil c. Class action d. All of the above 15.1
The Structure of the Federal Judicial System District Courts Courts of Appeals The Supreme Court 15.2
FIGURE 15.1 Organization of the federal court system 15.2
15.2 District Courts Organization and jurisdiction 91, at least one in each state 2-28 judges per court; 675 in total Original jurisdiction only Hold trials and impanel juries One judge, occasionally 3 2% of criminal cases; 1% of civil cases Federal magistrates
15.2 Courts of Appeals Review district court decisions 75% of 57,000 cases come from district courts Review and enforce IRC orders 12 circuits, serving at least 2 states
FIGURE 15.2: The federal judicial circuits 15.2
15.2 Courts of Appeals 6-28 judges; 179 total 3 judges per case; en banc occasionally Errors of procedure and law Set precedent
The Supreme Court 15.2 Unique responsibilities Resolving conflicts among states Maintaining national supremacy in law Ensuring uniformity in interpretation Composition 8 associate justices; 1 chief justice Controls its docket 80 cases/year Appeals must involve a substantial federal question
FIGURE 15.3 How cases reach the Supreme Court 15.2
TABLE 15.1: Sources of Full Opinions in the Supreme Court, 2012-2013 15.2
15.2 How many cases does the Supreme Court hear per year? a. 100 b. 50 c. 80 d. 10,000 15.2
15.2 How many cases does the Supreme Court hear per year? a. 100 b. 50 c. 80 d. 10,000 15.2
The Politics of Judicial Selection The Lower Courts The Supreme Court 15.3
15.3 The Lower Courts Senatorial courtesy DoJ and FBI background checks Politics of judicial selection Interest groups increasingly active Partisan divide growing
The Supreme Court Vacancies infrequent Chief justice vacancy unique Senatorial courtesy not relevant Partisan balance in Senate key 15.3
TABLE 15.2: Unsuccessful Supreme Court nominees since 1900 15.3
15.3 Elena Kagan Larry Downing/Reuters
15.3 How is the chief justice chosen? a. Voted on by the other 8 justices b. The most senior justice gets the position c. Nominated by president, confirmed by Senate d. Picked by the Senate Judiciary Committee 15.3
15.3 How is the chief justice chosen? a. Voted on by the other 8 justices b. The most senior justice gets the position c. Nominated by president, confirmed by Senate d. Picked by the Senate Judiciary Committee 15.3
The Backgrounds of Judges and Justices Backgrounds Criteria for Selection Background Characteristics and Policymaking 15.4
15.4 Backgrounds Typical background White, male, lawyer Diversity v. ideology Older, 50s-60s Protestant Upper-middle class backgrounds Prominent lawyer or judge
TABLE 15.3 Supreme Court justices, 2013 15.4
Swearing in of Sonia Sotomayor Jim Young/Reuters 15.4
Criteria for Selection Geography Religion Ideology/partisanship 15.4
Background Characteristics and Policymaking 15.4 What presidents expect v. what they get Disappointed ¼ of the time Diversity: More than a symbolic difference?
U.S. Supreme Court, 2013 15.4 Pablo Martinez Monsivais/AP Images
15.4 What is the main criterion presidents use to select judicial nominees? a. State where they are from b. Religion c. Race d. Ideology 15.4
15.4 What is the main criterion presidents use to select judicial nominees? a. State where they are from b. Religion c. Race d. Ideology 15.4
The Courts as Policymakers Accepting Cases The Process of Decision Making The Basis of Decisions Implementing Court Decisions 15.5
15.5 Accepting Cases First step in process 8,000 appeals per year Justices meet in conference once a week Rule of four Writ of certiorari Type of cases selected Civil liberties Discrepancies in interpretation of a law Solicitor general's request
FIGURE 15.4 Obtaining space on the Supreme Court's docket 15.5
The Process of Decision Making Oral arguments Briefs Amicus curiae briefs 30 minutes for each side Opinion writing Chief justice assigns opinion, if in majority Explain legal reasoning Concurring opinion Dissenting opinion 15.5
15.5 William Rehnquist David Hume Kennerly/Getty Images
FIGURE 15.5 The Supreme Court's decision-making process 15.5
The Basis of Decisions Principle of stare decisis Respect for precedent Overturning precedent 15.5
The Basis of Decisions Why do justices disagree? Ambiguity and vagueness Judicial philosophy Originalism 15.5
Implementing Court Decisions Judicial implementation Interpreting population Implementing population 15.5
15.5 Virgil Hawkins Bettmann/Corbis
Implementing Court Decisions Judicial implementation Consumer population 15.5
15.5 What principle governs judicial decision making? a. Stare decisis b. Ex post facto c. Amicus curiae d. Quid pro quo 15.5
15.5 What principle governs judicial decision making? a. Stare decisis b. Ex post facto c. Amicus curiae d. Quid pro quo 15.5
The Courts and Public Policy: A Historical Review John Marshall and the Growth of Judicial Review The "Nine Old Men" The Warren Court The Burger Court The Rehnquist and Roberts Courts 15.6
John Marshall and the Growth of Judicial Review Marbury v. Madison (1803) Judicial review Court has power to interpret Constitution 15.6
The "Nine Old Men" 15.6 Controversy over New Deal legislation Conservatives on Court did not want federal intervention in economy Struck down FDR's legislation FDR's court-packing plan Get Congress to expand Court Congress refused "Switch in time that saved nine"
15.6 The Warren Court Most active Court Chief Justice Earl Warren (1953-1969) Brown was one of his first cases Expanded rights of defendants Prohibited school prayer
15.6 The Burger Court More conservative Court Chief Justice Warren Burger Roe v. Wade was one of its major decisions Upheld affirmative action Made Nixon turn over tapes
The Rehnquist and Roberts Courts Even more conservative Courts Chief Justice William Rehnquist Conservative appointees dominate Chief Justice John Roberts (2005) Bush v. Gore (2000) Highly activist conservative Court 15.6
15.6 What power of the Court was established in Marbury v. Madison? a. Control of its docket b. Original jurisdiction c. Judicial review d. Affirmative action 15.6
15.6 What power of the Court was established in Marbury v. Madison? a. Control of its docket b. Original jurisdiction c. Judicial review d. Affirmative action 15.6
Understanding the Courts The Courts and Democracy The Scope of Judicial Power 15.7
The Courts and Democracy Where do courts fit in a democracy? Judges not elected Judges hard to remove Judges are from elite backgrounds 15.7
15.7 "Silent majority" Yuri Gripas/Reuters
Courts and Democracy Not as insulated as it seems Framers relied on insulation Court does follow public opinion 15.7
15.7 Bilingual education Paul Conklin/PhotoEdit
The Scope of Judicial Power Are the courts too powerful? Judicial restraint Defer to legislatures Judicial activism Protect minorities 15.7
TABLE 15.4 Supreme Court rulings in which federal statutes have been found unconstitutional 15.7
15.7 Why could a powerful federal judiciary 15.7 be a problem in a democracy? a. Judges are unelected b. Judges are appointed for life c. Judges are usually from elite backgrounds d. All of the above
15.7 Why could a powerful federal judiciary 15.7 be a problem in a democracy? a. Judges are unelected b. Judges are appointed for life c. Judges are usually from elite backgrounds d. All of the above
Discussion Questions 15 Why do we say that judges make policy? How does the Supreme Court make policy? Is the Court's policymaking role a problem in a democracy? Why or why not?