Ch. 15.1 Identify the basic elements of the American judicial system and the major participants in it (p.486) Unit 5 The Federal Courts 1
Current Supreme Court C 83 L 79 L? C C C 80 C L Merrick Neil Gorsuch? Garland? L 2
Terms Judges hold office For life w/ good behavior in Constitutional Courts 15 years in Special Courts Judges may resign or retire Judges may be impeached Only 13 judges impeached & 7 convicted (NEVER a Supreme Court justive) Salaries of Federal Judges Yearly Salaries Salaries set by Congress Supreme Court Chief Justice- $212,100 Supreme Court Associate Justice- $203,000 Circuit Judge- $175,100 District Judges, Federal Claims, Veteran Claims, Tax & Int l Trade-$165,200 Bankruptcy Judge- $151,984 Magistrate Judges- $151,984 3
Ch. 15.2 Outline the structure of the federal court system and the major responsibilities of each component (p. 488) http://www.csmonitor.com/2005/0930/csmimg/p3b.gif 4
How many total Associate justices have there been? Court Systems 2 separate court systems (US) Federal AND State Jurisdiction- authority to hear case 2 types of jurisdiction Original first time a case is heard Appellate only hears cases on appeal from lower courts They do not retry the case Review lower courts trial to determine if something was improper in the trial Violation of rights, incorrect procedure, etc.» Each state has a supreme court that s primarily appellate 5
Structure of the U.S. Judicial System 6
Structure of the U.S. Judicial System 3/1/2017 State District Courts State County Courts 100 million filings between them per year Federal District Courts & Courts of Appeal 7
2 types of cases Litigants 1. Plaintiff - suing defendant looking for recompense 2. Defendant- party against whom complaint is filed 1. Civil cases (Non-criminal actions between private parties) i.e. domestic disputes, divorces, property, child custody Standing to sue: plaintiffs have serious interest in case Negligence: failure to use reasonable care, resulting in damage or injury to another Burden of proof (evidence) doesn't need to be overwhelming Conviction needs 7 of 12 jurors 2 types of cases 2. Criminal (involving a crime) Plaintiff gov t AKA the prosecution (State or Federal) Defendant could receive punishment in form of fine or imprisonment (death?) Burden of proof is tough to prove Convictions need to be unanimous (ALL 12 jurors) 8
Other terms to know Grand Jury (16-23 jurors) Meets prior to a trial to decide if there is enough evidence for a trial If so, they hand down an indictment (being charged with a crime) Petit Jury (Trial Jury) 6-12 jurors Delivers a verdictdetermines guilt or innocence Must be beyond a reasonable doubt, and must be unanimous Participants in Judicial System Interest groups Use courts to try to change policies Amicus Curiae Briefs (friend of the court) submitted to influence Supreme Court Attorneys Legal Services Corporation-lawyers to assist poor Not all lawyers are equal 9
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Ch. 15.3 Explain the process by which judges and justices are nominated and confirmed (p. 493) TABLE 15.3 Supreme Court justices, 2013 11
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Lower Courts Senatorial Courtesy President asks Senators from nominees state for recommendation Obama in 2009 Reached out to Republican senators but they refused to make recommendations for district courts (delaying or obstructing) Elena Kagan Never served as a judge Solicitor General Attorney that defends the United States in cases i.e. United States vs Miller 13
Supreme Court Nominations Since World War II (continued) 14
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people s TABLE 15.2: Unsuccessful Supreme Court nominees since 1900 15.3 Merrick Garland 2016 Barack Obama 17
Ch. 15.4 Describe the backgrounds of judges and justices and assess the impact of background on their decisions (p.498) The Backgrounds of Judges and Justices Backgrounds Criteria for Selection U.S. Supreme Court, 2013 Background Characteristics and Policymaking 18
Justices of the Supreme Court 19
Backgrounds Typical background White, male, lawyer Diversity v. ideology Older, 50s-60s Protestant Upper-middle class backgrounds Prominent lawyer or judge Balancing the Representativeness of the Court Geography Religion Race & ethnicity Gender 20
Informal Qualifications of Judges Party Affiliation Political Philosophy Judicial Activism or Judicial Restraint Background of C L C C C L L? L Federal Judge Similar political beliefs as President American Bar Association (ABA) grades nominees Interest groups & media express opinions Party Affiliation of District Judges and Courts of Appeal Judges Appointed by Presidents President Party Appointees from Same Party Roosevelt Democrat 97% Truman Democrat 92 Eisenhower Republican 95 Kennedy Democrat 92 Johnson Democrat 96 Nixon Republican 93 Ford Republican 81 Carter Democrat 90 Reagan Republican 94 G.H.W. Bush Republican 89 Clinton Democrat 88 G.W. Bush Republican 93 First woman appointed to the Supreme Court, by Ronald Reagan 21
Religious diversity of America Religious diversity of Supreme Court 22
Appointment of to the Federal Courts 23
Chief Justice Appointed by George W. Bush (2005) Attended Harvard Undergraduate and Law School Law Clerk for William Rehnquist Served as Special Asst to the Atty General, Assc. Council to President Reagan Judge for the Federal Appeals Court 24
Associate Justice Appointed by Reagan (1986) Circuit court judge for 5th district Served as a Law Professor UVA, Univ of Chicago, Georgetown, Stanford Attended Georgetown, Harvard & Univ of Fribourg (Switzerland) Died Feb 13, 2016 Associate Justice Appointed by Reagan (1988) Judge for the 11th circuit court Served as a Constitutional Law Professor @ Univ of Pacific, Army National Guard, US Court of Appeals Attended Stanford, London School of Economics, Harvard Considered the Swing Vote 25
Associate Justice Appointed by George H. W. Bush (1991) 8th Circuit court judge Asst Atty General (MO), Asst Secretary for Civil Rights (US Dept of Ed), Circuit Court of Appeals, Chairman US EEOC Attended Holy Cross College, Yale Law School Known for writing his opinions out prior to the trials Associate Justice Appointed by Clinton (1993) Circuit court judge for the 2nd district Served as a Law Clerk for US District Court Judge, Research Assc & Assc director Columbia Law School Project, Prof @ Rutgers & Columbia, US Court of Appeals Judge Attended Cornell, Harvard, Columbia 26
Associate Justice Appointed by Clinton (1994) Circuit court judge for the 10th district Served as Law Clerk (US Supreme Ct), Asst to US Asst Atty General, Prof @ Harvard, Univ of Rome, Judge of US Circuit Court of Appeals Attended Stanford, Magdalen College (Oxford), Harvard Associate Justice Appointed by George W. Bush (2006) Had served on the US Court of Appeals for 15 years Former Asst. to US Attorney, New Jersey Attended Princeton University & Yale Law School Very Conservative 27
Associate Justice Appointed by Barack H. Obama (2009) First Hispanic Justice Appeals court judge for 2 nd Circuit, Federal Judge for NY Asst. District Attorney for NY, Private Practice Attended Princeton & Yale Law School 1 st Hispanic Supreme Court justice Associate Justice Appointed by Obama (2010) Attended Princeton, Oxford, Harvard Served as law clerk for Justice T Marshall Former US Solicitor General, Harvard Law Dean NEVER served as a judge prior to confirmation 28
Ch. 15.5 Outline the judicial process at the Supreme Court level and assess the major factors influencing decisions and their implementation (p. 502) FIGURE 15.3 How cases reach the Supreme Court 29
Accepting Cases Getting on the Docket: Federal Courts State Courts Requests for Supreme Court review (8,000+) Appeals discussed in conference Back to lower courts Obtains four votes Placed on the docket (80) Writ of Certiorari Appeals denied (98% of cases) Rule of Four Lower Courts 30
Rule of Four In order to hear a case 4 justices have to agree to hear the case WHY ONLY 4 and NOT MORE? TABLE 15.1: Sources of Full Opinions in the Supreme Court, 2012-2013 https://www.oyez.org/cases/2015 31
How Many Cases does the Supreme Court Handle? 32
Supreme Court Decision Making Process Placed on the docket (80) Briefs submitted by both sides; amicus curiae briefs filed Oral argument Conference; cases discussed; votes taken; opinion writing assigned Opinions drafted; circulated for comment Decision reached Majority Needed (5 Votes) 1. Majority Opinion 2. Dissenting (Minority) Opinion 3. Concurring Opinion Precedent is Set How the Supreme Court Operates Meets 1 st Monday in October to July 4 90 workdays on average Oral Arguments Hears cases for 2 weeks each month; then recesses for 2 weeks Oral Arguments begin 10 AM on Mondays, Tuesdays, Wednesdays & sometimes Thursdays Each lawyer gets 30 minutes Usually hears 2 cases per day Briefs Detailed statements supporting a side of the case Amicus Curiae Briefs Court In Conference Wed. afternoons & Fri Justices meet in secret 6 Justices must be present If vote tied, lower court decision stands 1/3 of decisions unanimous 33
Officers of the Supreme Court Law Clerks Read all appeals & writes summaries on issues in each case Researches & writes first drafts of opinions Solicitor General Federal Ian Gershengorn & Noel Francisco. ACTING Solicitor General of the United States (2016- ) government s lawyer Represents U.S. government in all cases The Courts as Policymakers Opinion: Statement of legal reasoning behind a judicial decision Stare decisis: Basically to let previous decision stand unchanged Precedents: How similar past cases were decided Original Intent: Idea that Constitution should be viewed according to original intent of framers 34
4 Types of Court Opinions Majority Opinion Official opinion of Court Announces decision & gives the Court s reasoning Serves as precedent Concurring Opinion Agrees w/ decision but for different reasons Dissenting Opinion Written by justices in minority who do not agree w/ decision Gives reasons for disagreement Per Curium Brief unsigned statement of Court s decision that is decided w/o further information Less than ½ decisions are per curium Opinions of Court Majority Minority If Chief Justice in majority He assigns court s majority opinion writing If Chief Justice in minority Senior justice assigns court s majority opinion writing 35
Examples Majority Opinions 2016 Ch. 15.6 Trace the Supreme Court s use of judicial review in major policy battles in various eras of American history (p. 509) 36
John Marshall and the Growth of Judicial 15.6 Review Marbury v. Madison (1803) Judicial review Court has power to interpret Constitution 37
William O. Douglas 38
Voting patterns w/ each other 39
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Advice and Consent Power of US Senate to consulted on & approve Treaties signed Appointments by President to public positions Cabinet secretaries Federal judges United States Attorneys Ambassadors 43
Ch. 15.7 Assess the role of unelected courts and the scope of judicial power in American democracy (p. 513) The Marshall Court 15.6 Chief Justice John Marshall (1801-1835) Judicial Review Marbury v Madison (1803) McCulloch v. Maryland Gibbons v. Ogden 44
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" The Warren Court 15.6 Chief Justice Earl Warren (1953-1969) Most active Court Brown v. Board of Education (1954) was one of his first cases Griswold v. Connecticut (privacy) Expanded rights of defendants Mapp v. Ohio (search & seizure) Gideon v. Wainwright (lawyer) Miranda v. Arizona (read rights) Prohibited school prayer Engel v. Vitale (school prayer) 45
The Burger Court Chief Justice Warren Burger (1969-1989) More conservative Court Roe v. Wade (1973) was one of its major decisions Gregg v. Georgia (death penalty NOT cruel and unusual punishment) Upheld affirmative action Made Nixon turn over tapes The Rehnquist Court Chief Justice William Rehnquist (1986-2005) Even more conservative Courts Texas v Johnson (89) (flag burning legal) Planned Parenthood v. Casey (92) (Abortion) Bush v. Gore (2000) (Recount not equal) Conservative appointees dominate 46
The Roberts court Chief Justice John Roberts (2005- present) Highly activist conservative Court Citizens United v. Federal Election Commission (2010) Obergefell v Hodges (2015) Historical Review Marshall Court 1801-1835 Judicial Review The Nine Old Men Warren Court 1953-69 Very liberal Burger Court 1969-1986 Liberal to moderate Rehnquist Court 1986-2005 Conservative Roberts Court 2005-present Conservative 47
Review Assess the role of unelected courts and the scope of judicial power in American democracy (p. 513) Joint Session of Congress Gathering of BOTH chambers of Congress Held on special occasions: President delivers State of Union Address Count & certify votes of Electoral College following a pres. election Presidential inauguration Emergencies Dec 8 th, 1941 Sept 20 th, 2001 48
Implementing Court Decisions Must rely on others to carry out decisions Interpreting population: Understanding decision Implementing population: People who need to carry out decision-may disagree i.e. Kentucky Clerk Consumer population: People who are affected (or could be) by decision The Courts & Democracy Courts are not very democratic Not elected Difficult to remove Court does reflect popular majorities Groups use courts when other methods fail- promoting pluralism Conflicting rulings lead to deadlock & inconsistency 49
Is OUR gov t really democratic? Did the Founding Fathers really trust the people? Voting for president?(elector al College) Judicial system? No direct election Courts and Democracy Not as insulated as it seems Framers relied on insulation but Court does follow public opinion i.e. Same- sex marriage 50
Bilingual education Paul Conklin/PhotoEdit Understanding the Courts: Are the courts too powerful? Judicial restraint Defer to legislatures Judicial activism Protect minorities 51
5 Factors Affecting Court s Decision Existing Laws Personal Views Interactions w/ other justices Social Forces & Public Attitudes Congress & President Federal & State Laws Declared Unconstitutional 52
Federal Laws Declared Unconstitutional TABLE 15.4 Supreme Court rulings in which federal statutes have been found unconstitutional 53
Factors Limiting the Judiciary Congress can: Amend Constitution to change court decision Alter appellate jurisdiction of Supreme Court Statutory construction (courts interpret acts of Congress) Congress can pass laws clarifying existing laws in effect overturning courts Executive branch Who president appoints Judiciary is ultimate arbiter of Constitution is exaggeration 3 branches of government 54