The Judicial Branch January 2015
[T]he judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks...[t]he general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive. For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers." And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments The Federalist, No. 78
What Is The Judicial Branch? Branch of government concerned with interpreting laws Consists of Supreme Court and lower federal courts Trial courts: U.S. District Courts Hear both criminal and civil federal cases Appellate courts: U.S. Courts of Appeals Courts of Special Jurisdiction: include U.S. Tax Court, trial and appellate military courts, and others
What Do The Courts Do? Jurisdiction: the authority to hear certain cases Original jurisdiction: the power to hear a case for the first time Held by trial courts such as district courts Appellate jurisdiction: the power to hear appeals Held by Courts of Appeals Concurrent jurisdiction: both state and federal courts have jurisdiction Supreme Court has both original and appellate jurisdiction Courts may not initiate action; must wait for litigants
U.S District Courts Serve as trial courts for civil and criminal federal cases In criminal cases: Grand jury hears charges and decides whether to issue an indictment Petit jury weights the evidence in a trial Handle over one million cases annually Have jurisdiction to hear cases concerning federal law In most cases they render the final decision
U.S. Courts of Appeals A party that loses a case in district court may appeal to appeals courts, or directly to the Supreme Court Courts hear appeals from district courts in its circuit, as well as appeals from federal administrative agencies Have only appellate jurisdiction May uphold original decision, reverse decision, or send case back for retrial U.S. Circuit Court of Appeals for the Federal Circuit: hears cases from federal claims court, Court of International Trade, and other federal agencies
U.S. Courts of Special Jurisdiction U.S. Court of Appeals for the Armed Forces: armed forces' highest appeals court U.S. Court of Federal Claims: handles claims against the government for monetary damages U.S. Tax Court: hears cases related to federal taxes U.S. Court of Appeals for Veterans' Claims: hears appeals in the Department of Veterans' Affairs U.S. Court of International Trade: national court; has jurisdiction over tariffs
Federal Judges The president appoints all federal judges, with the consent of the Senate Judges serve for life, "during good behavior" Appointments become political: judges are often chosen based on party affiliation and judicial philosophy Senatorial courtesy: the practice of submitting a judicial nominee's name to senators from that state, for approval Used customarily for naming judges to trial (district) courts Not used for court of appeals or Supreme Court nominations
Federal Judges' $alary (2014) District judges: $199,100 Circuit judges: $211,200 Associate Supreme Court judges: $244,400 Chief Justice: $255,500
The Supreme Court Has both original and appellate jurisdiction Original: cases involving representatives of foreign governments, certain cases in which a state is a party Appeals come from: 1. Lower courts of appeals 2. Federal district courts in certain instances where an act of Congress is held unconstitutional 3. From highest state court if constitutional issue is involved
The Supreme Court Justices 9 justices: the Chief Justice and 8 associate justices Principal duty: hear, rule on cases 1. Deciding which to hear 2. Deciding on the case 3. Explaining the decision: the opinion Other duties Chief justice helps to administer federal court system Assigned to circuits May handle requests for special legal action
Appointment of Justices President appoints justices, subject to Senate approval Presidents nominate candidates with beliefs similar to theirs A little help, please... Role of attorney general, Justice Dept officials Role of American Bar Association Role of interest groups Role of justices
Workings of the Court "Term" of the court Traditionally, nine months a year; now, continuously in session Sits for two weeks, recesses for two weeks Currently more than 10,000 cases on the docket per term
The Court and its Cases Most of the cases reach on appeal Writ of certiorari: order from the Court to a lower court to send up the records for a case, for review A. Party seeking review argues either a) legal error in handling of case, or b) significant constitutional issue B. Court denies 90% of requests for certiorari, and lower decision stands On appeal: request for review of lower federal or state court decision
The Court and its Cases, continued Solicitor general: appointed by President, represents federal government before court Currently: Donald B. Verrilli, Jr. Determines whether government should appeal lower decisions US is involved in 2/3rds of cases
Major Cases When the court accepts a case, lawyers submit briefs Brief: written statement setting forth facts, legal arguments, and precedents supporting one side Amicus curiae: "friend of the court," briefs submitted by parties not involved From groups claiming to have information useful to the court's decision Have an interest in the outcome Oral arguments 30 minutes Justices meet to discuss cases
The Opinion of the Court Opinion: statement of facts, ruling of court, reason for ruling Just as important as the decision Four kinds: unanimous, majority, concurring, dissenting Per curiam brief: brief, unsigned statement of court's decision
Workings of the Court Justices' views: blocs, swing votes Influence of the chief justice Directs discussion Assigns opinion-writing Court: Insulated from politics? In a vacuum? Pressured by society? Alignment with social forces and pressures
The Court and Public Policy How it shapes public policy 1. Judicial review 2. Interpreting laws 3. Overruling previous decisions Stare decisis: "let the decision stand" Court following precedent, vs. overruling decisions
Balances on the Court's Power The president 1. Appoints justices 2. Must also enforce court decisions Congress 1. Attempts to limit court's jurisdiction 2. Rewriting laws in new forms 3. Senate confirmation
Limits on Supreme Court Does not give equal attention to all areas of public policy Limits on types of cases 1. Only cases where decision will make a difference 2. Does not give advisory opinions 3. Plaintiff must have suffered real harm 4. Cases involve substantial federal question Limited control of agenda: can only decide on cases from elsewhere in legal system Lack of enforcement power