The Judicial

BranchChapter 14

Daily Dilemma: Should justices

exercise judicial restraint or

judicial activism?

Judic

ial R

est

rain

t or

Judic

ial A

ctiv

ism

?

Judicial Restraint– judges tend to defer to

decisions of the elected branches of government Judicial Activism–

judges tend not to defer to decisions of

the elected branches

of government, resulting in the invalidation of those

decisions

Nati

onal J

udic

ial

Supre

macy

Section 1 of Article III of

the Constitution created

“one supreme court.”The Judiciary Act of 1789

created the federal system of courts that

would coexist with state

courts while maintaining

independence

Judic

ial R

evi

ew

and

Oth

er

Bra

nch

es

Marbury v. Madison (1803)

John Adams appointed Marbury

as a justice of the peace in

Washington, D.C. right before

leaving office, but the

appointments were never

completed. Marbury declared an

act of Congress to obtain the

papers and the act authorized

the Supreme Court to issue

orders against government

officials. Marbury wanted such

an order in the Supreme Court

against Madison (the secretary

of state).

The issue: Must the Court follow

the law or the Constitution?Ruling– When an act of the

legislature conflicts with the

Constitution, the act is invalid. Take-away– The decision in

Marbury v. Madison established

the Supreme Court’s power of

judicial review– the power to

declare congressional acts

invalid if they violate the

Constitution

Check

s &

B

ala

nce

s

The judiciary became a

check on the legislative

and executive branchesIn more than 200 years,

the Supreme Court has

only invalidated about

160 national provisions

Judic

ial R

evi

ew

The power of the court to

declare national, state

and local laws invalid if

they violate the Constitution The supremacy of

national laws or treaties

when they conflict with

state and local laws The role of the Supreme

Court as the final authority on the meaning

of the Constitution

Weake

st B

ranch The judiciary was meant

to be the weakest branch because it had

neither the power of the

“sword” or the “purse”

The O

rganiz

ati

on

of

Court

s

Each state runs its own

court system and no two

states’ courts are identical CRIMINAL CASES: The

government prosecutes

criminal cases because

they’re a violation of the

public order CIVIL CASES: come from

disputed claims to something of value

Federal and State Court System

Dis

tric

t C

ourt

s

Each state has at least

one district court (there

are 94 district courts)

Sources of litigation• Federal criminal cases• Civil cases alleging violation

of national law• Civil cases brought against

the national government

• Civil cases between citizens

of different states where

the amount in controversy

exceeds $75,000

U.S

. C

ourt

of

Appeals

12 regional U.S. courts

of appeals Usually convene in panes of three judges

Precedent is considered (the way

similar decisions have

been rendered in the

past)

The S

upre

me C

ourt

The S

upre

me

Court

The Court is tasked with the goal of “achieving a just balance among the values of freedom, order and equality.

The Court hears cases

of which they have original jurisdiction and appellate jurisdiction

To b

e o

n t

he

dock

et…

Most cases are appellate

cases– cases in which the

Supreme Court is that of the

last resort. To be chosen… the case

must1. Have reached the end of

the line in the state court

system2. Must raise a federal

question– an issue covered by the Constitution, federal laws,

or national treaties

Fewer than 100 cases make it on the docket!

Solic

itor

Genera

l

Represents the national

government before the

Supreme Court and defends the

interests of the national

government Appointed by the president

Determines whether the

government should appeal

lower court decisions and

decides whether the

government should file an

amicus curiae brief (friend of

the court)– concerns by an

individual or group that is not a

party to a legal action but has

an interest in it

Deci

sion m

aki

ng

101

Justices don’t talk about cases

with each other before oral

argument Oral argument is limited to 30

minutes on each side From October-June justices

spend 2-3 hours a day, 5-6 days

a month hearing arguments

Justices don’t address each other

directly while hearing arguments

Only the justices attend the

decision making sessions. “It’s

much more a statement of the

views of each of the nine

Justices” than a discussion

Deci

sion m

aki

ng

101, co

nti

nued

After voting (the judgment), the justices

of the majority must

draft their decision or

argument. Other justices can issue dissenting and concurring opinions.

Votes are only tentative

until the arguments are

submitted– each party

must “ok” the argument.

The O

pin

ion

After the conference,

the chief justice or most senior justice in

the majority (in terms

of years of service on

the Court) decides which justice will write

the majority opinion Opinion writing is the

justices’ most critical

function

Appoin

tments Judicial appointments

must be OK’ed by either the home state

senator or the entire

Senate (for the Supreme Court)

Maki

ng P

ublic

Po

licy

The Supreme Court makes decisions that

must be implemented

by others