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Unit 4: Judiciary, Civil Liberties and Civil Rights Judicial Branch

+The National Judiciary- Creation of a national judiciary

Article III of the Constitution

Creation of a national judiciary: Federalist Paper #22 “Laws are a dead letter without courts to expound and define their true meaning and operations”. Articles of Confederation did not have a judiciary at the national level.

+The National Judiciary- Creation of a national judiciary

! A dual court system: two kinds of courts in the United States, further discussing the establishment of federalism ! National Judiciary ! State Judiciary

+The National Judiciary- Creation of a national judiciary

!  2 kinds of federal courts !  Supreme Court of the United States

!  Inferior Courts: created as needed by Congress

!  Constitutional courts: judicial power of the United States (Article III courts)

!  Special courts: created by Congress to hear cases arising out of some of the expressed powers of Congress from Article I

+The National Judiciary: Federal Court Jurisdiction

! Federal court jurisdiction: any court not heard by federal courts are jurisdiction of the state courts (federalism) ! Jurisdiction: authority of the court to hear a

case ! Article III, section 2 provides that the federal

courts may hear case because ! Subject matter ! Parties involved

+National Judiciary: types of jurisdiction

! Exclusive and concurrent jurisdiction ! Exclusive jurisdiction: case can be heard only in

the federal court

! Concurrent jurisdiction: case can be heard in federal or state court

! Congress has provided that federal can hear cases with diverse citizenship (dispute between citizens of different states) if $75,000 dispute or higher

! Plaintiff: person who files suit ! Defendant: person being sued

+National Judiciary: types of jurisdiction

! Original and appellate jurisdiction ! Original jurisdiction: court in which a case is 1st

heard has original jurisdiction

! Appellate jurisdiction: court in which case is heard on an appeal (re-hear) from a lower court" they can uphold, overrule or modify the ruling of the original court

+National Judiciary: Appointment of judges

!  Appointment of judges: Article II, section 2, clause 2 !  President appoints, advise and consent of the Senate

!  Senatorial courtesy: senators from the state where the district court judge will be serving are given consideration during conversations

!  Background: legal experience, political affiliations, past decision-making

!  Views: judges serve for decades" agreement with President’s legal, political, economic and social views

!  Decision making philosophy

!  Judicial activism: use position to promote changes to the interpretation of the Constitution (usually for social ends)

!  Judicial restraint: hold to precedent, decisions of Congress and President " unless actions are unconstitutional

+National Judiciary: Terms and pay of judges

!  Terms and pay of judges: Article III, section 1 !  Constitutional courts appointed for life: resign, retire or die (to

ensure independence from influence)

!  Removal by impeachment process (Senate)

!  Only 15 brought up on impeachment"8 removed

!  Special courts serve 15 year terms

!  DC = 4 year term, DC appellate= 8 year term

!  Salaries and benefits (2014 updated): for life! !  Supreme Court: Chief=$255,500, Associate= $244,400

!  US Court of Appeals: $211,200

!  US District Courts and most other courts: $199,100

!  Magistrates and others make 92%

+National Judiciary: Court officers

!  Clerk, deputy clerks, bailiffs, reporters, stenographers, probation officers, etc.

!  Magistrates: 8 year term !  Handle legal matters once dealt with by judge

!  Issues warrants, set bail, etc.

!  Bankruptcy judge: handle bankruptcy cases under the direction of the district court

!  US marshals: perform duties for a federal district like a county sheriff !  Arrests, serve legal papers, etc.

+Inferior Courts: District Courts

Created by Judiciary Act of 1789

!  Federal judicial districts-94 !  Each state has a least 1 judicial district

!  At least 2 judges to each district

!  District court jurisdiction !  Criminal case: defendant is tried for committing some action

that Congress has declared by law to be a federal crime

!  Civil case: noncriminal matters that deal with federal laws

+Inferior Courts: Court of Appeals

Gate keepers to relieve the US Supreme Court of hearing appeals from the district courts (1891)- 12 court of appeals (circuits)

!  Appellate court judges !  3 or 4 judges per state within circuit

!  a US Supreme Court justice is assigned to each court

!  Appellate court jurisdiction: only have appellate jurisdiction, where they hear cases from the lower courts

+Inferior Courts: Other Constitutional Courts

!  Court of international trade: hears civil cases arising out of tariff and other trade-related laws

!  Court of appeals for the federal circuit: (1982) created to centralize the handling of appeals in certain cases !  Nationwide jurisdiction

!  US Courts of International Trade, Federal Claims and Veterans Claims

+The Supreme Court: Makeup of the Court the court of last resort Article III, section 1

!  Chief Justice: established by Article I, section 3, clause 6 !  John Roberts- 2005 (Bush)

!  Associate Justices: 8 established as of 1869, Judiciary Act of 1789 revised !  Antonin Scalia- 1986 (Reagan)

!  Anthony Kennedy- 1988 (Reagan)

!  Clarence Thomas- 1991 (Bush)

!  Ruth Bader Ginsburg- 1993 (Clinton)

!  Stephen Breyer- 1994 (Clinton)

!  Samuel Alito-2006 (Bush)

!  Sonia Sotomayer-2009 (Obama)

!  Elena Kagan- 2010 (Obama)

!  Retired, but still living: Sandra Day O’Connor (1981-2006), David Souter (1990-2009), John Paul Stevens (1975-2010)

+The Supreme Court: Judicial Review

not mentioned in the Constitution, but implied by Framers (Article III, section 2 and Article VI, section 2" supremacy clause)

!  Marbury v Madison (1803): US Supreme Court established judicial review as implied by their enumerated powers in the Constitution

!  Effects of Marbury !  Supreme Court has the right to declare acts of Congress

unconstitutional

!  Interprets federal law and applications as being constitution (or not)

!  Provides foundation of Judicial Branch as part of the checks and balances system

+The Supreme Court: Jurisdiction

Most cases are appellate in nature

! Original jurisdiction: (Article III, section 2)

! State is a party ! Ambassadors, public ministers and consuls

! Appellate jurisdiction: coming from a lower court

+The Supreme Court: How do cases reach the USSC?

! 8,000 cases on average appealed to the USSC ! Petitions to the court

!  Writ of certiorari: order to review lower courts documents

! Rule of four: 4 of 9 justices must agree that case should be put on docket (list of cases) for review

! Certificate: lower court is unsure and requests USSC to review matter

+The Supreme Court: How the court operates

October to June/July is a calendar year.

!  Oral arguments: layers make their public presentation to the court !  Placed on the docket after court determines to hear the case

!  Two weeks of oral arguments

!  Two weeks of conferencing

!  Briefs: written documents filed with the court prior to oral arguments !  Amicus curiae briefs: friend of the court (interest groups will file

briefs to the court of their concerns and wishes

+The Supreme Court: How the court operates

!  Solicitor general: the third highest ranking official of the U.S. Department of Justice, and the one who represents the national government before the Supreme Court !  Duties of the solicitor general

!  Determining whether the government should appeal lower court decisions

!  Reviewing and modifying briefs filed in government appeals

!  Deciding whether the government should file amicus curiae briefs: briefs filed (with the permission of the court) by an individual or group that is not a party to a legal action but has an interest in it.

!  Roles of the solicitor general !  Advocate for the president’s policies

!  Officer of the Court

+The Supreme Court: How the court operates

! Court in conference: ! Chief begins conversation, discusses points and

indicates direction of vote

! Rest of Associates (in order of seniority) discuss point and indicates direction of vote

! Debate

+The Supreme Court: How the court operates

!  Opinions: Chief justice (if majority) writes majority; if not senior associate in majority writes !  Majority opinion: (Opinion of the court) decision and rationale

!  Precedent: examples to be followed on similar cases

!  Rationale is very important to be noted for this reason

!  Concurring opinion: Agree with majority, but for different or additional reasons

!  Could be used by the court in future cases

!  Dissenting opinion: Disagree with majority and rationale

!  Could be used by the court in future if opinion changes

+Special Courts

created by Congress to hear cases arising out of some of the expressed powers of Congress from Article I

!  Court of federal claims

!  Territorial courts

!  District of Columbia courts

!  Court of appeals armed forces

!  Military tribunals

!  Court of appeals for veteran claims

!  US Tax Court