Presentation by Eric Miller, Blinn College, Bryan, Texas.

Chapter 14The Federal Judicial System: Applying the

Law

John Marshall

It is emphatically the province and duty of the judicial department to say what the

law is. Those who apply the rule to particular cases, must of necessity

expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.

Sonia SotomayorObama 2009

Clarence ThomasBush I 1991 Antonin Scalia

Reagan 1986

John RobertsBush II 2005

Ruth Bader Ginsburg

Clinton 1993Anthony M.

KennedyReagan 1988

Steven G. BreyerClinton 1994

Samuel AlitoBush II 2006

Elena KaganObama 2010

The Federal Judicial System

The Supreme Court of the United States (SCOTUS)o Article III

• SCOTUS• Congress creates “inferior” courts

o Judicial Review• The power of SCOTUS to declare another institution’s action

unconstitutional• Marbury v. Madison- John Marshall

o Original Jurisdiction- power to hear a case first• only a few rare instances

• Ambassadors, other public ministers & consuls, foreign diplomats

• When a state is a party

o Appellate Jurisdiction- power to hear appeals from lower courts

• cases come from the federal circuit court of appeals or state supreme courts

The Federal Judicial System

The Supreme Court of the United Stateso Selecting and Deciding Cases

• Precedent• establishes a rule for settling subsequent cases of a similar

nature• SCOTUS’ most important function is establishing legal

precedents for lower courts to follow• stare decisis - adherence to precedent• Maintains legal consistency so confusion and uncertainty can be

avoided

• Writ of Certiorari• permission allowing a losing party to bring its case before the

court• gives SCOTUS broad power by allowing it to choose which

cases it hears• discretionary rule - rule of four

• Solicitor General• Justice Dept. official who represents the US in cases before the

Supreme Court

The Federal Judicial System

The Supreme Court of the United Stateso Selecting and Deciding Cases (Cont.)

• Brief• legal argument submitted by each party before the oral

argument phase• amicus curiae – “friend of the court”

• a brief submitted by an interest which is not a direct party in the case

• Oral Arguments-• 30 minutes for each side• Q & A between the justices and lawyers

• Judicial Conference• held in private after oral arguments• chief justice speaks first and votes last

The Federal Judicial System

The Supreme Court of the United Stateso Issuing Decisions and Opinions

• Decision• the outcome of the case (who won?)

• Opinion• more important than the decision because it informs others of the

Court’s interpretation and thereby guides their decisions• SCOTUS most important function- establishing legal precedents

• Majority Opinion• The court’s written explanation of its decision

• Plurality Opinion• A majority of justices agree with the decision but not on the legal

basis for the decision

• Concurring Opinion• when justices agree with the decision but for different reasons

• Dissenting Opinion• Disagrees with the Court’s decision

The Federal Judicial System

Other Federal Courtso U.S. District Courts

• exist in each state• courts of original jurisdiction• act as trial courts with juries to determine outcomes

• Only federal courts with juries and a verdict• This is where the facts are established

• make the final decision for most cases• Sometimes deviate from SCOTUS precedents

• Facts are seldom precisely the same• Judges may misunderstand the reasoning or position of

SCOTUS• Ambiguities or unaddressed issues give lower courts

flexibility

o U.S. Courts of Appeals• hears appeals from trial courts

o Special U.S. Courts• US Claims Court• US Court of International Trade• US Court of Military Appeals

Supreme Court-appellate jurisdiction

-limited original jurisdiction

Circuit Court of Appeals

-appellate jurisdiction only

District Courts-original jurisdiction

Federal Court System(more complicated structure)

Original Jurisdiction

Cases

Appeals from States

Geographic Boundaries of U.S. Courts of Appeals

The Federal Judicial System

The State Courtso the U.S has federal and state courts

because of federalismo federal Court “myths” overlook these

facts• About 95% of the nation’s legal cases

arise under state law, not federal law• nearly all cases originate in state

courts are never reviewed by federal courts

• federal courts must normally accept the facts of a case as determined by a state court

o State method of selecting judges• Competitive Elections

• Partisan & non-partisan

• Merit Plan• Political Appointment

States in the Nation

Federal Court Appointees

The Selection of Supreme Court Justices and Federal Judges

• Appointed by the president; confirmed by the Senate• “term of good behavior”

• life on the bench• can carry out their duties without fear of reprisal by POTUS or Congress• enabled presidents to extend their influence on judicial policy long after

they have left the White House

Supreme Court nomineeso Presidents nominate those with compatible political philosophyo Nominees must be acceptable to otherso Very few nominees rejected by Senate after nineteenth centuryo Lower-Court Nominees

• Senatorial Courtesy- senators are consulted on the nomination of lower-level federal judges in their state

Federal Court Appointees

Justices and Judges as Political Officialso The Role of Partisanship

• the biggest influence in the appointment of federal judges

o Other Characteristics of Judicial Appointees

• prior judicial experience• Demographics

o Nearly all recent appointees from appellate courts

o Most are white men, but diversity has increased in recent decades

President Eisenhower,

have you ever made any

mistakes as president?

Yes, two, and they are both sitting on the

Supreme Court

Wow, that’s amazing!

The Nature of Judicial Decision Making

The Constraints of the Factso affect which law or laws will

apply to the caseo federal courts can only make

rulings in response to actual legal cases

• Bush vs. Gore (2000)• halted a manual recount of

“undervotes” in Florida• Invoked the 14th Amendment’s

“equal protection clause”

The Constraints of the Lawo The Constitution and Its

Interpretationo Statutes, Administrative Laws,

and Their Interpretationo Legal Precedents (Previous

Rulings) and Their Interpretation• maintains legal consistency over

time

Political Influences on Judicial Decisions

Outside Influences on Court Decisionso Public Opinion

• the Court attempts to stay close to public opinion to avoid a grave loss of public support

• Wants to avoid outright defiance of its decisions

o Interest Groups• lawsuits (ACLU)• amicus curiae briefs

o Congress and the President• Strict Constructionism

• narrow interpretation of the law

• Loose Constructionism• an expansive interpretation

Inside Influences: The Justices’ Own Political Beliefso major shifts in SCOTUS’ positions have usually been due to

turnover on the court’s membership

Judicial Power and Democratic Government

The Debate over the Proper Role of the Judiciaryo Originalism theory vs. living constitution theory

• Originalism: determine and preserve founder’s intent• Emphasizes the meaning of the of its words at the time when

they were written• Justice Antonin Scalia

• Living constitution theory: adaptable to changing social situations

• Emphasizes the principles of the Constitution and their application to changing circumstances and needs

• Justice Steven Bryer

Judicial Power and Democratic Government

The Debate over the Proper Role of the Judiciary (cont.)o The Doctrine of Judicial Restraint

• Compliance- deferring to elected officials• Closely follow the law• be highly respectful of precedent• defer to judgment of legislatures

o The Doctrine of Judicial Activism• The court sees a compelling need to develop new principles even if

it conflicts with precedent or the decisions of elected officials• protecting individuals from a “tyranny of the majority”

• Lawrence vs. Texas (2003)• Invalidated a state law against homosexual sodomy

• Liberals and Conservatives• Individual rights vs. States rights/ Business Interests• Ledbetter vs. Goodyear Tire & Rubber Co. (2007)

• Brown v. Board of Education (1954)• Citizens United vs. Federal Elections Commission (2010)

• Lifted restrictions on corporate and union spending in federal election campaigns

Judicial Power and Democratic Government

The Judiciary’s Proper Role: A Question of Competing Valueso the issue of legitimacy

• the proper authority of the judiciary in a system based on majority rule

• the Court has acted legislatively by defining broad social policies

• prayer in public school• prison reform• abortion

o If Congress disagrees with a SCOTUS ruling it could:• rewrite the statute- “Lilly Ledbetter Act”• express displeasure with the ruling• modify the scope of the court’s appellate jurisdiction• amend the Constitution

• 11th Amendment• 16th Amendment