Chapter
14- The Courts:
(1). Examine roles of
the Constitution & Congress in creating the Federal Courts.
(2). Discuss the structure
of the Federal Court System
at its various levels, including: District
Courts, Courts of Appeal,
and contrast original vs.
appellate jurisdiction.
. (3). Examine the origins of Judicial
Review and the role of Marbury v. Madison.
(4). Contrast judicial
activism with judicial restraint, and define stare
decisis.
(5). Discuss the various
limitations placed on the Federal Courts.
(6). Examine the
characteristics of the Supreme Court and discuss its make
up.
(7). Discuss the
politics of selection, and explain how judges are nominated & confirmed.
(8). Discuss the judicial & ideological impact of Presidential appointments on the
Court.
(9). Explain the decision
process used by the Supreme Court to determine cases, and define
& explain: Rule of four, amicus curiae, and stare
decsis.
(10). Examine the different types of Supreme
Court opinions, and contrast
majority, concurring, and dissenting opinion, and
explain how & why they are different.
(11). Analyze member voting patterns and
discuss who usually wins before the Court.
(12). Examine the role of the lower Federal Courts, and discuss the key
role played by the Senate during the
nomination and confirmation process.
(13). Discuss the State Court
system, its diverse organizations, and its judicial selection.
(14). Review Part III (Chapters 11-14) in preparation for Test II.
v The Federal Courts
Ø Judiciary:
The Third Branch of Government
§ Joint creation of the Constitution &
Congress
§ Courts established & abolished as
required w/times
Ø 14-1a The Constitution and the Federal Courts:
§ Founders: independent court system crucial
to success
§ Article III:
· “judicial
power … vested in one supreme Court”
· also
lists Court’s jurisdiction (subject ruling
list)
§ Article
II:
presidential appointment power => judges
· With Senate’s “advice & consent” (vote
to confirm?)
· Congressional
impeachment and removal power
§ Organization & structure (any blueprint
details?)
· Details
left to Congress – why?
Ø 14-1b Congress and the Federal Courts:
§ Judiciary
Art of 1789
· Chief Justice & 5 associated justices
· Basic
levels of Federal Court System to
consist of:
¨ Supreme
Court, Circuit
Courts, & District Courts
· Modified
throughout US History=> # of justices
§ Court
of Appeals Act of 1891
· Supreme
Court, Appeals Courts,*& District Courts*
¨ *number increased by Congress
w/population +
§ Federal courts created or stemming
from Article
III =>
· Referred
to as: constitutional courts (Article
III)
· Judges
appointed & confirmed for life
§ Federal
Courts created by Congress (Article I) =>
· legislative
courts (Article I) => (Figure 14-1)
Ø 14-1c The Federal Court System:
§ Three
tiered
configuration (Figure 14-1)
§ Supreme
Court at top
& over all other courts
· Normally
hears cases only on appeal
§ Courts
of Appeals=> appellant jurisdiction (Figure 14-2)
§ District
Courts => original jurisdiction (Figure 14-2)
§ Know
difference: jurisdiction type each level usually
has!
v The Federal Courts as Policy Makers
Ø 14-2a Judicial Review, Judicial Activism, &
Policy Making
§ Constitution’s broad outline => open to
interpretation
· Evolution
& status of Supreme Court’s
power=>
· Role of
precedence
§ Article
VI => National Supremacy
§ Marbury
v. Madison (Chief
Justice John Marshall) =>
· Judicial
Review (significance?)
¨ New
power Court established (how sustained?)
¨ Role of
John Marshall in Marbury v.
¨ Declaring
laws unconstitutional (Fig 14-3)
§ Judicial
Activism => Policy Making
· Definition?
(know the difference between the two!)
· Judicial restraint vs. Judicial Activism (impact?)
Ø 14-2b Limitations on the Courts:
§ Reactive nature of the Courts
§ Inability to enforce rulings
§ Ability to pass new (or modified) laws
§ Public Opinion
§ Trend
toward moderate decisions (Figure 14-4)
· Trend
toward the moderate center?
v The Supreme Court as a Political Institution
Ø 14-3a The Characteristics of the Court:
§ Who serves on the Court?
§ Paths to taken the Supreme Court (
§ Role of the Chief Justice (Article I/Section 3’s reference)
· First
among equals
· Potential
impact on Court’s direction
¨
§ Length of Service (die or retire?)=>
impact on judiciary?
· Presidential Legacies (Figure 14-5)
§ Rewards for service (Salary, prestige, job
satisfaction)
Ø 14-3b The Politics of Nomination and Confirmation:
§ Inherently politically process – why?
· Presidential
legacy => long after confirmation
§ Reasons
for contested nominations
· Perception of presidential weakness
· President’s party in minority in Senate
· Lack of credentials or weak character
· Legal views clash w/powerful members of
Senate
¨ Robert Bork’s paper trail of controversial
opinions
· Recent trends: increased blocking of nominations
¨ Judicial
philosophy “Litmus test” on key issues
¨ Reason:
High stakes of next & its implications
Ø 14-3c Presidential Legacies on the Supreme Court:
§ Voting consistency with President not
guaranteed
§ Current ideological leanings of the Court
§ Sometimes unexpected positions taken
· O’Connor on sex discrimination
§ Justices’ legal views may change over time
· Ike => Warren (Conservative) =>very
liberal court
v Decision Making at the Supreme Court
Ø 14-4a Hearing a Case:
§ writ of
certiorari (Figure
14-6)
§ Role of
law clerks & the Rule of Four
§ Amicus
curiae briefs
Ø 14-4b Individual Decision Making:
§ The role of Precedence => stare
decisis
§ The role of life experience
Ø 14-4c Supreme Court Opinions:
§ majority
opinions
§ concurring
opinions
§ dissenting
opinions
Ø 14-4d Voting Patterns:
§ Predictable positions of Supreme Court
justices
§ “5-4” Decisions & the role of Kennedy
& O’Connor
Ø 14-4e Who
Wins Before the Supreme Court?
§ Solicitor
General’s track
record (67%)
· Strong
cases only need apply
§ Court’s
political independence (Nixon tapes)
§ Do rich do better than the poor before the
Court?
· Deciding
on the merits (Lower levels vs. top
level)
v The Lower Federal Courts
Ø Created
by Congress (based on Article III)
§ Political appointment process (strong
Congress influence)
Ø 14-5a District Courts (DC):
§ Purpose
& focus: establish the facts of the
case
§ In most
cases => decide fate (end of trial or appeals)
§ Most DC cases are civil (80+%) vs. criminal
(mostly state)
· Statutory actions
· Petitions from prisoners
· Civil rights complaints
· Tax suits
· Bankruptcies
· Contract enforcement
· Liability claims
§
· Little
flexibility (w/some limited opportunities)
Ø 14-5b Courts of Appeal:
§ Decide
cases appealed from district courts
· Appellate Jurisdiction (aka: appellate courts)
§ Focus: legal issues tired in
district or state:
· Determine if trial was fair
· Judge applied law correctly
· (Do not determine facts of case
=>who does?)
§ Result: more
flexibility to interpret & extend the law
Ø 14-5c Nomination and Confirmation
§ Also nominated by the President &
confirmed by Senate
§ Senate has greater say at District &
Appeal Court levels
· Senatorial
Courtesy (know definition)
§ Partisan politics alive & well in
selection process
· (Table 14-1) => breakdown of partisan
politics
· Note
Reagan’s legacy => conservative outcome
v State Courts
Ø Majority
of all cases heard (100M vs. 265K):
§ States
operate differently from Federal Courts
§ Primary
focus: criminal trials
§ States
vary in organization from state to state
§ Also
vary in selection of judges & term limits
Ø 14-6a State Court Organization:
§ Broad range of variety of forms,
structures, & names
· All
have Supreme Courts or courts of last resort
· All
vary in the extent they protect citizens’ rights
¨ Many go
beyond US Constitution
¨ Some
act as legal “path finders” for
nation
Ø 14-6b Judicial Selection:
§ Method varies from state to state
· Model
follow own (vice Federal) selection
model
¨ State legislature chooses
¨ Voters elect => both in partisan &
non-partisan
¨