chapter 15 the courts © 2009, pearson education fiorina, peterson, johnson, and mayer new american...
TRANSCRIPT
Chapter 15The Courts
© 2009, Pearson Education
Fiorina, Peterson, Johnson, and MayerNew American Democracy, Sixth Edition
State CourtsFirst American courts were state courts
Under Articles no national judiciary
Constitution created national judiciary, but most legal cases still handled at state level
– Every state has its own judicial arrangements.
– Basic structure
• Trial courts, courts of appeals, court of last resort
• Decisions of state supreme courts may be appealed to the federal Supreme Court if the case involves a federal statute or the interpretation of the U.S. Constitution.
© 2009, Pearson Education
State Trial CourtsIn trials there are two sides:
– Plaintiff: person bringing the suit
– Defendant: person against whom the complaint is made
Trials settled alleged violations of the criminal and civil codes
– Civil code: regulates relations among individuals. Violators are sued by presumed victims, who ask the courts to award damages
– Criminal code: regulates relations between individuals and society. Alleged violators are prosecuted by the government
© 2009, Pearson Education
© 2009, Pearson Education
State Trial CourtsState courts are in a position to be influenced by politics
– In 39 of 50 states some judges are subject to election
– In others, they are appointed by state legislature, governor, or agency
Judicial campaigns are generally low key events.
Interest groups having more impact on judicial elections
© 2009, Pearson Education
Prosecuting State CasesProsecutors working for the local District
Attorney get info from police about criminal activity
DA determines whether evidence warrants presentation before a grand jury for prosecution
DA is responsible for prosecuting criminal cases
DA used as stepping stone to other offices
– Highly visible
– can be controversial
© 2009, Pearson Education
An Independent and Powerful Federal Judiciary
The court is able to be decisive because of the judiciary’s independence from other political institutions
It has the singular and long-established power to say what the Constitution means
Independence comes from:
– Life tenure
– Stable salaries
Independent but still affected by politics
© 2009, Pearson Education
Tenure and Salary
Founders believed life tenure for judges was essential to the system of separation of powers
Can only be removed by Congress
– Impeachment process
• Standards are very high
– May not lower salaries
– Questions as to judicial compensation: not kept pace with inflation
• shorter work hours
• job security
© 2009, Pearson Education
Judicial Review
Power of the courts to declare null and void laws of Congress and of state legislatures that they find unconstitutional
The Constitution affirms itself as “supreme law of the land” but says nothing explicit about judicial review
1803, S.C. asserted the power of judicial review
– Marbury v. Madison
– Decision asserted Court’s authority and lack of authority in certain areas
– Invoked the power of judicial review for the first time
© 2009, Pearson Education
Approaches to Constitutional Interpretation
Theory of Original Intent
– Determines the constitutionality of a law by ascertaining the intentions of those who wrote the Constitution
Living Constitution Theory
– Places the meaning of the Constitution in light of the total history of the United States
Plain-meaning-of-the-text theory
– Interprets the law in light of what the words of the Constitution obviously seem to say
© 2009, Pearson Education
Judicial Review in Practice
Manner in which the courts interpret the Constitution can have serious consequences for the nation
Dred Scott v. Sanford (1857)
– Court declared the Missouri Compromise unconstitutional
• said Congress could not prohibit slavery in the territories
• restriction on property rights
© 2009, Pearson Education
© 2009, Pearson Education
The Missouri CompromiseThe Dred Scott decision invalidated the Missouri Compromise, an 1820 agreement that averted a sectional crisis by fixing a line south of which slavery would be permitted. Areas north of the line would be free
Judicial Review in Practice
Lochner v. New York (1905)
Courts said the state of New York could not regulate the number of hours that bakers worked because it deprived them of the right to work as long and as hard as they liked
Oliver Wendell Holmes dissented
– Insisted the Constitution should be interpreted as a living document
© 2009, Pearson Education
Judicial Review in Practice
Schechter Poultry Corp. v. United States (1935)
Court found the national Industrial Recovery Act, which addressed labor and competition in the private sector, an unconstitutional intrusion on the power of the states to regulate commerce inside their own borders
At odds with president and congress
Stalemate resolved when several judges switched their votes
© 2009, Pearson Education
Judicial Review in Practice
Given these examples, is judicial review a bad thing?
– Is it undemocratic?
Some says yes, but others see judicial review as a valuable protection against majority infringement on minority civil rights and civil liberties
Seldom used
151 times between 1803 and 2000 Court declared a federal law unconstitutional.
© 2009, Pearson Education
Statutory InterpretationStatutory Interpretation
The judicial act of applying laws of Congress, rather than the Constitution, to specific cases
Example: Supreme Court heard case involving endangered species
– Nothing specific in the Constitution
– Had to apply 1973 law passed by congress. It was a bit vague.
– Court’s interpretation of the law gave it teeth. Said it was intended to protect all species.
– Did their interpretation match up to the intent of the law?
• cannot assume intentions—rather interpret what is there and apply it
© 2009, Pearson Education
© 2009, Pearson Education
The Federal Court System in PracticeMost of the work of the federal branch is
carried out by the lower-tier courts
District Courts
– Lowest level of the federal court system
– Courts in which most federal trials are held
Appeals Courts (Circuit Court of Appeals)
– Court to which decisions by federal district courts are appealed
© 2009, Pearson Education
© 2009, Pearson Education
The Federal Court System in PracticeSpecialized Courts
The Court of International Trade
– Handles cases concerning trade and customs
U.S. Court of Federal Claims
– Hears suits concerning federal contracts, money damages against the United States, and other issues that involve the federal government
© 2009, Pearson Education
Selection of Federal Judges
All federal judges hold lifetime positions after their nomination by the president and their confirmation by the Senate
Senatorial Courtesy:
– an informal rule that the Senate will not confirm nominees within or from a state unless they have the approval of the senior senator of that state from the president’s party
© 2009, Pearson Education
Deciding to Prosecute
Suspected violations of federal criminal code usually investigated by the FBI
U.S. Attorney
– Responsible for prosecuting violations of the federal criminal code
– Has very high political profile
© 2009, Pearson Education
Relations Between State and Federal Courts
Relationship vague under first few decades of the Constitution
Martin v. Hunter’s Lesee (1816)
– Supreme Court ruled it had the power to review and to overturn the decisions of state courts
McCulloch v. Maryland
– Decision (1819) in which the Supreme Court first declared a state law unconstitutional
Power to review state laws is essential for maintaining basic uniformity in the laws of the U.S.
Have found over 1,100 state statutes and constitutional provisions contrary to the federal Constitution
© 2009, Pearson Education
Relations Between State and Federal CourtsDouble jeopardy
Fifth Amendment prohibits double jeopardy (placing someone on trial for the same crime twice) but something similar to it can occur if a person is tried in both federal and state courts
Unusual
1995 bombing of a federal building in Oklahoma constituted a violation of both state laws against murder and federal laws against conspiracy and manslaughter
Rodney King example– Officers not found guilty at state level– Federal prosecutors brought charges and convicted
two of the four officers
© 2009, Pearson Education
The Supreme CourtSupreme Court sits at the top of a
pyramid of judicial activity
27 million criminal trials and civil suits
High Court decided only 76 cases
© 2009, Pearson Education
The Supreme Court: Process of Appointments
Process is a political one
– Nominated by the president
– Evaluated by the Senate Judiciary Committee and confirmed by a vote of the full Senate
First half of the 20th century, presidential nominations to the Court were confirmed by the Senate as matter of course
© 2009, Pearson Education
The Supreme Court: Process of Appointments
Since 1955, every Senate Court nominee has appeared before the judiciary committee
Since 1968, the Senate’s likelihood of rejecting presidential nominees has increased
Robert Bork, example
– created term borking: politicizing the nomination process through an organized public campaign that portrays the nominee as a dangerous extremist
© 2009, Pearson Education
© 2009, Pearson Education
Stare DecisisStare Decisis, “let the decision stand”
– In court rulings, reliance on consistency with precedents
Precedent
– Previous court decision or ruling applicable to a particular case
Legal distinction
– Legal difference between a case at hand and previous cases decided by the courts
© 2009, Pearson Education
CertsWrit of certiorari (cert)
Document issued by the Supreme Court indicating that the Court will review a decision made by a lower court
Court rejects most cert petitions (8,000 to 9,000 cases appealed each year)
Number of certs granted by Supreme Court has fallen recently
– 1970s as many as 400 cases annually
– 2005–05 court heard only 76 cases
Issuing cert requires the vote of 4 justices
– The case for cert is strong if two lower courts have reached opposite conclusions on cases in which the facts seem virtually identical
© 2009, Pearson Education
Role of Chief Justice
Supreme Court
Comprised of 8 associate justices and the Chief Justice
– Has only one vote
– Many tasks are of ceremonial or housekeeping nature
– Some responsibilities are influential
• assignment power
• Example: Warren and the Brown v. Board of Education opinion
© 2009, Pearson Education
Role of Solicitor General
Government official responsible for presenting before the Court the position of the presidential administration
Involvement of Solicitor General signals that the president and attorney general have strong views on the subject
Employed by the Justice Department
Reports to the AG
Chosen for legal skills
© 2009, Pearson Education
Role of Clerks
Perform much of the day-to-day work
Each justice has 2 to 4 clerks
Initially review certs
Also draft many opinions
© 2009, Pearson Education
Supreme Court Decision MakingBriefs submitted to the Court
Written statements presented to a court by lawyers on behalf
of clients
Justices listen to oral arguments in plenary session (all justices in attendance).
– Half hour for each side
Reach preliminary decision after oral argument in private conference
Express views and preliminary votes taken in order of seniority
If in majority, Chief Justice assigns the writing of the opinion; if in minority, senior justice in majority makes the assignment
Drafts are circulated and revisions made © 2009, Pearson Education
Supreme Court Decision Making
Dissenting opinion
– Written opinion presenting the reasoning of judges who vote against the majority
Concurring opinion
– A written opinion prepared by judges who vote with the majority but who wish either to disagree with, or to elaborate on, some aspect of the majority opinion
© 2009, Pearson Education
Supreme Court Decision Making
Once the court reaches a decision it sends (or remands) the case to lower court for implementation
Lower courts then apply the law accordingly
© 2009, Pearson Education
Voting on the Supreme Court
Judicial activism
– Doctrine that says the principle of stare decisis should sometimes be sacrificed in order to adapt the Constitution to changing conditions
Restorationist
– Judge who thinks that the only way the original meaning of the Constitution can be restored is by ignoring the doctrine of stare decisis
Judicial Restraint
– Doctrine that says courts should, if at all possible, avoid overturning a prior court decision
© 2009, Pearson Education
Checks on Court PowerConstitutional Amendment
Statutory Revision
– Wards Cove Packing Co. v. Antonio
Nonimplementation
© 2009, Pearson Education
Litigation as Political Strategy
Courts used by interest groups to place issues on the political agenda– Civil rights groups– Disabled Americans
Receiver– Official who has the authority to see that
judicial orders are carried out
Class Action Suit– Suit brought on behalf of all individuals in a
particular category whether or not they are actually participating in the suit
© 2009, Pearson Education