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Judiciary

Chapter 9

The Supreme Court in Politics }  The Court’s primary duty is to interpret the laws that

Congress enacts. }  This means they have the power of judicial review: the

power to strike down laws that they consider unconstitutional.

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The Supreme Court in Politics }  The Supreme court is largely insulated from politics:

}  Lifetime tenure }  Court of last resort }  Restricted interest group activity }  Chooses its own docket

}  But court decisions are generally very political.

Court Structure }  94 federal district courts

}  No appellate jurisdiction }  All original jurisdiction

}  12 courts of appeals (plus DC court of appeals) }  No original jurisdiction }  All appellate jurisdiction

}  Supreme Court }  Original – ambassadors and disputes between the states }  Appellate

}  Legislative Courts }  Bankruptcy courts, Tax Court, Court of Military Appeals

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Jurisdiction }  Federal courts have jurisdiction over “federal questions,”

which include all matters of constitutional law. }  They also have jurisdiction over cases involving citizens of

different states.

The Court of Appeals map }  asdf

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Supreme Court: Procedures and Powers }  The Supreme Court has not always had control over its

docket. }  “Writ of Certiorari” }  The SC hears few of the cases that are appealed to it. }  The rule of four

Supreme Court: Procedures }  Groups may file amicus curiae, “friend of the court” }  If a case is granted cert:

}  oral arguments by each side }  Preliminary vote

}  Chief justice of senior member assigns opinion

}  Earning support }  Concurring or dissenting

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Supreme Court: Procedures }  IMPORTANTLY: This is not just a yes or not vote!

Supreme Court: Procedures }  Example: Universal Healthcare }  National Federation of Independent Business v. Sebelius

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Enforcement }  Enforcement can be tough! }  The court has no direct authority and states or the

federal government can stall. }  Stare Decisis

Ideology on the Court }  asdf

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Three Eras of the Court }  National v State Authority }  Government Regulation of the Economy }  Civil Rights and Liberties

National v State Authority }  Marbury v Madison }  McCulloch v Maryland }  Gibbons v Ogden (1824)

}  Ogden was given a monopoly on steam boat shipping in New York

}  Gibbons, a NJ steamboat operator, wants to steal some of Ogden’s business and starts shipping in NY.

}  Ogden files suit and the case goes to the supreme court.

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Gibbons v Ogden }  The court rules that:

}  The Constitution permits the federal government to regulate navigation. Commerce does not stop at state borders.

}  The NY monopoly granted to Ogden is unconstitutional because the Supremacy Clause gives the federal government’s laws precedent here. If the federal government did not choose to regulate, then the monopoly would be fine.

Dred Scott v Sandford (1857) }  Scott is a slave belonging to Dr.

Emerson of Missouri (a slave state). They move to Illinois, a free state, but then move back to Missouri before Emerson’s death.

}  Upon Emerson’s death, Scott is first owned by his widow and then by her brother, John Sanford. Scott brings the issue to court, arguing that because he was a citizen of a free state, he has the right to sue for his freedom.

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Dred Scott v Sandford (1857) }  Does Scott have a right to bring suit? }  The court says no (7-2). Chief Justice Taney rules that the

Constitution expressly eliminates the possibility of a slave having the right to sue for freedom.

Government Regulation of the Economy }  US v EC Knight (1895)

}  Dealt with the Sherman Antitrust Act. }  American Sugar Refining Company acquires EC Knight, giving it

control of 98% of sugar refining in America. }  Does the Sherman Antitrust Act allow the federal government

to control manufacture of a good as opposed to distribution? }  The court says no (8-1). Producing a good is inherently local

and therefore not subject to interstate regulation of commerce.

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Lochner v New York (1905) }  New York limits bakers to working 10 hours a day or 60

hours a week for health reasons. Lochner is the owner of a bakery and is arrested for violating the law.

}  The question: does the New York statute interfere with Lochner’s right to due process, guaranteed by the 14th amendment?

}  The court says yes (5-4) and overturns the law. Thus starts the Lochner Era, when the court strikes down a number of economic regulations, including those that would restrict child labor.

Civil Rights and Liberties }  The third era. We will discuss these cases in a few weeks

when we talk about civil rights in America.