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The Federal Courts

Video: The Big Picture 15

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Learning Objectives

Identify the basic elements of the American judicial system and the major participants in it

Outline the structure of the federal court system and the major responsibilities of each component

15.1

15.2

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Learning Objectives

Explain the process by which judges and justices are nominated and confirmed

Describe the backgrounds of judges and justices and assess the impact of background on their decisions

15.3

15.4

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Learning Objectives

Outline the judicial process at the Supreme Court level and assess the major factors influencing decisions and their implementation

Trace the Supreme Court’s use of judicial review in major policy battles in various eras of American history

15.5

15.6

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Learning Objectives

Assess the role of unelected courts and the scope of judicial power in American democracy

15.7

Video: The Basics 15

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Nature of the Judicial System

Participants in the Judicial System

15.1

Participants in the Judicial System

Litigants Actual disputes, no hypothetical cases Standing Class action suits Justiciable disputes

Attorneys Large profession; 1 million attorneys Not only for the rich anymore

Groups Amicus curiae briefs

15.1

Linda Brown 15.1

15.1 In which type of case can the defendant receive imprisonment as a punishment?

a. Criminal

b. Civil

c. Class action

d. All of the above

15.1

15.1 In which type of case can the defendant receive imprisonment as a punishment?

a. Criminal

b. Civil

c. Class action

d. All of the above

15.1

Structure of the Federal Judicial System

District Courts

Courts of Appeals

Supreme Court

15.2

FIGURE 15.1: Organization of the federal court system

15.2

District Courts

Organization and jurisdiction 91, at least one in each state 2-28 judges per court; 675 in total Original jurisdiction only Hold trials and impanel juries One judge, occasionally 3 2% of criminal cases; 1% of civil cases 309,000 cases in 2010 Federal magistrates

15.2

Courts of Appeals

Review district court decisions

75% of 55,000 cases come from district courts

Review and enforce IRC orders

12 circuits, serving at least 2 states

15.2

FIGURE 15.2: The federal judicial circuits

15.2

Courts of Appeals

6-28 judges; 179 total

3 judges per case; en banc occasionally

Errors of procedure and law

Set precedent

15.2

Supreme Court

Unique responsibilities Resolving conflicts among states Maintaining national supremacy in law Ensuring uniformity in interpretation

Composition 8 associate justices; 1 chief justice

Controls its docket 80 cases/year

Appeals must involve a substantial federal question

15.2

FIGURE 15.3: How cases reach the Supreme Court

15.2

TABLE 15.1: Sources of full opinions in the Supreme Court, 2010-2011

15.2

15.2 How many cases does the Supreme Court hear per year?

a. 100

b. 50

c. 80

d. 10,000

15.2

a. 100

b. 50

c. 80

d. 10,000

15.215.2 How many cases does the Supreme Court hear per year?

Politics of Judicial Selection

Lower Courts

Supreme Court

15.3

Lower Courts

Senatorial courtesy

DoJ and FBI background checks

Politics of judicial selection Interest groups increasingly active Partisan divide growing

15.3

Supreme Court

Vacancies infrequent

Chief justice vacancy unique

Senatorial courtesy not relevant

Partisan balance in Senate key

15.3

TABLE 15.2: Unsuccessful Supreme Court nominees since 1900

15.3

Elena Kagan 15.3

15.3 How is the chief justice chosen?

a. Voted on by the other 8 justices

b. The most senior justice gets the position

c. Nominated by president, confirmed by Senate

d. Picked by the Senate Judiciary Committee

15.3

15.3 How is the chief justice chosen?

a. Voted on by the other 8 justices

b. The most senior justice gets the position

c. Nominated by president, confirmed by Senate

d. Picked by the Senate Judiciary Committee

15.3

Backgrounds of Judges and Justices

Backgrounds

Criteria for Selection

Background Characteristics and Policymaking

15.4

Backgrounds

Typical background White, male, lawyer Diversity v. ideology Older, 50s-60s Protestant Upper-middle class backgrounds Prominent lawyer or judge

15.4

TABLE 15.3: Supreme Court justices, 2013

15.4

Swearing in of Sonia Sotomayor

15.4

Criteria for Selection

Geography

Religion

Ideology/partisanship

15.4

Background Characteristics and Policymaking What presidents expect v. what they get

Disappointed ¼ of the time

Diversity: More than a symbolic difference?

15.4

U.S. Supreme Court, 2013 15.4

15.4 What is the main criterion presidents use to select judicial nominees?

a. State where they are from

b. Religion

c. Race

d. Ideology

15.4

15.4 What is the main criterion presidents use to select judicial nominees?

a. State where they are from

b. Religion

c. Race

d. Ideology

15.4

Courts as Policymakers

Accepting Cases

Process of Decision Making

Basis of Decisions

Implementing Court Decisions

15.5

Accepting Cases

First step in process 10,000 appeals per year Justices meet in conference once a week Rule of four Writ of certiorari

Type of cases selected Civil liberties Discrepancies in interpretation of a law Solicitor general’s request

15.5

FIGURE 15.4: Obtaining space on the Supreme Court’s docket

15.5

Process of Decision Making

Oral arguments Briefs Amicus curiae briefs 30 minutes for each side

Opinion writing Chief justice assigns opinion, if in majority Explain legal reasoning Concurring opinion Dissenting opinion

15.5

William Rehnquist 15.5

FIGURE 15.5: Supreme Court’s decision-making process

15.5

Basis of Decisions

Principle of stare decisis Respect for precedent Overturning precedent

15.5

Basis of Decisions

Why do justices disagree? Ambiguity and vagueness Judicial philosophy Originalism

15.5

Video: Thinking Like a Political Scientist

15.5

http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg4_Judiciary_v2.html

Implementing Court Decisions

Judicial implementation Interpreting population Implementing population

15.5

Virgil Hawkins15.5

Implementing Court Decisions

Judicial implementation Consumer population

15.5

15.5 What principle governs judicial decision making?

a. Stare decisis

b. Ex post facto

c. Amicus curiae

d. Quid pro quo

15.5

15.5 What principle governs judicial decision making?

a. Stare decisis

b. Ex post facto

c. Amicus curiae

d. Quid pro quo

15.5

Explore the Simulation: You Are a Supreme Court Clerk

15.5

http://media.pearsoncmg.com/long/long_longman_media_1/2013_mpsl_sim/simulation.html?simulaURL=10

Courts and Public Policy:A Historical Review

John Marshall and the Growth of Judicial Review

The “Nine Old Men”

The Warren Court

The Burger Court

The Rehnquist and Roberts Courts

15.6

John Marshall and the Growth of Judicial Review

Marbury v. Madison (1803) Judicial review Court has power to interpret Constitution

15.6

Video: In Context 15.6

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The “Nine Old Men”

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”

15.6

The Warren Court

Most active Court Chief Justice Earl Warren (1953-1969) Brown was one of his first cases Expanded rights of defendants Prohibited school prayer

15.6

The Burger Court

More conservative Court Chief Justice Warren Burger Roe v. Wade was one of its major decisions Upheld affirmative action Made Nixon turn over tapes

15.6

The Rehnquist and Roberts Courts

Even more conservative Courts Chief Justice William Rehnquist Conservative appointees dominate Chief Justice John Roberts (2005) Bush v. Gore (2000) Highly activist conservative Court

15.6

15.6 What power of the Court was established in Marbury v. Madison?

a. Control of its docket

b. Original jurisdiction

c. Judicial review

d. Affirmative action

15.6

15.6 What power of the Court was established in Marbury v. Madison?

a. Control of its docket

b. Original jurisdiction

c. Judicial review

d. Affirmative action

15.6

Understanding the Courts

Courts and Democracy

Scope of Judicial Power

15.7

Courts and Democracy

Where do courts fit in a democracy? Judges not elected Judges hard to remove Judges are from elite backgrounds

15.7

“Silent majority” 15.7

Courts and Democracy

Not as insulated as it seems Framers relied on insulation Court does follow public opinion

15.7

Bilingual education 15.7

Scope of Judicial Power

Are the courts too powerful? Judicial restraint Defer to legislatures

Judicial activism Protect minorities

15.7

TABLE 15.4: Supreme Court rulings in which federal statutes have been found unconstitutional

15.7

Video: In the Real World 15.7

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15.7 Why could a powerful federal judiciary be a problem in a democracy?

a. Judges are unelected

b. Judges are appointed for life

c. Judges are usually from elite backgrounds

d. All of the above

15.7

15.7 Why could a powerful federal judiciary be a problem in a democracy?

a. Judges are unelected

b. Judges are appointed for life

c. Judges are usually from elite backgrounds

d. All of the above

15.7

Explore The Judiciary: Who Are the Activist Judges?

15.7

http://media.pearsoncmg.com/long/long_edwards_mpslgia_16/pex/pex15.html

Discussion Questions

Why do we say that judges make policy? How does the Supreme Court make policy? Is the Court’s policymaking role a problem in a democracy? Why or why not?

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Video: So What? 15

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Further Review: On MyPoliSciLab

Listen to the Chapter

Study and Review the Flashcards

Study and Review the Practice Tests

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