US Gov - Topic 3: The Judicial Branch

Judicial Doctrine

Determines the rules by which lower courts should conduct case decisions and who should win them Ex. Hypothetical cases are not allowed, past decisions should be upheld

Set-Up of the Judiciary Branch

District Court Circuit Courts/Appeal Courts/Appellate Courts Supreme Court

State Court Set Up

a. Basically the same set up but handle those being tried under state law b. State Trial Court c. State Intermediate d. State Court of Last Resort e. Supreme Court

Marbury vs Madison

a. Hardly noticed in the shadow of Stuart b. Marshall in this case firmly established Judicial Review i. Ruled that Congress did not have jurisdiction in the area, enforcing judicial review as the reason

Reversal

a. If the supreme court decides a case was wrong in the district or circuit courts, they can reverse it through appeal

Why do apellate and district judges want to avoid reversals? What does this allow?

c. Judges do not want a lot of reversals because: i. It does not let them move up because the president will not want to move them up. 1. Even if they won't lose their job for it i. Like veto or filibuster, the threat of a reversal is enough to keep judges in-line with supreme court decisions b. Another way to mitigate the principle agent problem

Amicus Curiae Briefs

1. "friend of the court briefs" a. Solicited from private interests outside the court (including citizens) in deciding which cases should be looked at

Supreme Court Jurisdiction (2)

1. Appeal Jurisdiction a. Appealed from lower courts (state and federal) b. This is most cases 2. Original Jurisdiction a. Ambassadors, foreign dignitaries, concerns of the state i. If an ambassador breaks the law b. Very small number but what it was set up to handle

Constitutional Courts

1. Designed to handle litigation, legal cases 2. They have the power of federal review 3. Appointed by the president

Substantive Doctrine

1. Guides judges on which party should be victorious in each case essentially policy making 2. These days, often decided by partisan ideology

Dissenting Opinions

1. If a justice disagrees with the ruling, they can write a dissenting opinion to provide a blueprint for overturning it in the future

Concurring Opinions

1. If justices have their own unique opinion for voting majority, they can provide that reasoning for the case. 2. Can also put possible dissents that do not outweigh majority benefits

Legislative Courts/Non-Constitutional Courts

1. Judges appointed to fixed terms 2. Designed to take care of issues outside the constitution a. Bankruptcy b. Tax Courts c. Military Courts

Executive Opinion

1. The federal government and executive branch are often solicited for this purpose and hold great sway

Majority Opinion

1. The judges vote on the doctrine decision of the court a. A 9-0 decision is very set in stone, very decided and a lot of times chief judges want that i. Often, to get it cemented, it must be watered down 2. The chief justice assigns a judge to write the majority opinion of the court a. It is really important because it determines HOW the doctrine will be enforced in the lower courts

Why did Congress eventually begin to accomodate New Deal acts/laws (3)?

1.) FDR threatened to expand the court from 9-13 and pack it with justices who would work for him 2.) FDR re-elected in landslide 1936 a. Intimidated the court and they became much friendlier to his programs 3.) During his second term, he got to appoint seven new justices a. Appointed judges who agreed with him

Types of Supreme Court Justice

1.) Strict Constructionists 2.) Loose Constructionists

Judiciary Act

1789 a. Congress created two kinds of courts i. Constitutional Courts ii. Legislative Courts/Non-Constitutional Courts

First Era of Supreme Court Cases

1790-1851 i. Nation-state authority ii. Lots of cases which took on controversy between national governments and state governments

Fourth Era of Supreme Court Cases

1970-Current i. Acted as a referee between branches and other governmental agencies 1. Congress vs president ii. States right has also been rejuvenated Examples: 1. Presidential Impoundment a. Overturned presidents right to release funds for Congressional programs b. Cannot do too much of that congress has power of purse 2. Line Item Veto a. Court said it was unconstitutional for the president to go through bills and mark out what he likes and dislikes 3. Executive Privilege a. Court overruled Nixon's right to use presidential priviledge to cover tapes Supreme Court Function

How are Writ of Certiorari decided on? What does this mean for the kind of cases they grant?

2. Supreme Court decides which cases to grant writ of Certiorari a. 4 out of 9 judges need to sign off on the writ b. Dramatically limits number of cases they can hear i. In 1970s they heard 400 cases, now 75 3. Only cases which bring up the most important legal and constitutional issues a. Cares more about the law being applied properly than they do actual justice being served b. They want to establish clear precedent for the disagreements between lower court decisions i. Ex. Gay marriage being legal in some circuits but not in others so the supreme court MUST step in

Parent-Agent Problem in the Judicial Branch

5.) Lower Federal Courts a. Serve at the delegation of the Supreme Courts i. Principle Agent relationship b. Look at problems and try to review them as the Supreme Court would

Election of 1800

Adams lost re-election to Jefferson in 1800 AND dem-rep gained Congress first transfer of power in the country's history

Third Era Supreme Court Cases

Civil Rights/Civil Liberties 1930-1970 i. Court mainly concerned with the individual and government 1. Rights of minorities/accused/reproductive rights 2. Supreme Court was friendlier to these groups than the rest of the government

What are the checks on the Judicial Branch (3)

Enforcement Amendments The Senate

How are Judges appointed (Federal/State)

Federal: i. All serve for life appointed by president 1. Until they die, move up, retire, or are removed by congress (if they commit a serious offence, not for incompetence or disagreement) State: i. Discretion of each state, some are appointed by governor and confirmed by senate

Judiciary Act of 1801

Federalists wanted to consolidate power before they left office, so they created a bunch of new federal courts and filled them with federalist judges A major power move that politicized the judiciary

Writ of Certiorari

Filed by litigants requesting that the supreme court ask the lower courts for the records of the case

John Marshall Cases and Precedent

First Era 1. Almost always found under national authority 2. Cases a. Mcollic vs Maryland i. Ruling was that states could not tax the federal government ii. Precedent 1. Necessary and proper cause means that if the constitution does not prohibit an act, then it is allowed 2. Congress could expand its power

Procedural Doctrine

Governs how the lower courts should do their work and how proceedings should be conducted Ex. Litigators need standing in order to file cases

Stare Decises

Procedural i. "Let the decision stand" ii. Instructs lower courts to follow established precedent to decide cases 1. DO NOT reinvent the wheel, just use old decisions iii. Also 1. Allows the supreme court to delegate and keep their decisions consistent

Standing

Procedural i. Determines who can initiate a case 1. Litigants must be directly and negatively influenced by a law in order to challenge it a. Ex. Someone must show that abortion laws personally influences them negatively in order to challenge it. Perhaps they must travel 300 miles out of state to get one and it effects their life.

Hypothetical Issues/Moot questions

Procedural i. Supreme Court does not deal with questions that have been resolved or are in the hypothetical 1. However, they can revisit precedent as judges change over time.

Judicial Review

The authority of the supreme court to rule acts of Congress and the Executive unconstitutional and therefore nullify

Statutory Review

When supreme courts just uphold the law in cases

What does Judicial Review do to the power of the Judiciary Branch?

i. A major check on the legislative and executive branches and makes the judicial branch a co-equal branch of government 1. Without it, the judicial branch really has very little relative authority

Supreme Court

i. Can hear cases from either the district or circuit courts

How did supreme court confirmations/appointments work early on?

i. Early on, the senate would just confirm all justice nominations as a matter of course 1. Nominees did not even have to attest to their ability before them ii. It was not very political on the part of the president at all 1. Presidents did not really care about ideology, just expertise 2. Ex. a. Eisenhower (republican) nominated Warren (the most liberal justice in history)

Precedent

i. Establishment of a set of rules designed to govern the actions of lower courts ii. The Supreme Court uses cases to come up with precedents that the lower courts can follow iii. Clear and unambiguous precedent decisions are the easiest way for The Supreme Court to solve their principle agent problem

Great Depression/New Deal Supreme Court Cases

i. FDR wanted to protect citizens from corporate power and de-regulation ii. Supreme court would strike down Congressional acts to regulate business

Why are more state laws overturned than Congressional?

i. Far more state laws are overturned in the Supreme Court because state laws are far more locally focused i. States have their own sets of ideals which are culturally diverse and are far more likely to want to go against national values/views and the constitution ii. Congress is a NATIONAL legislature so it is far less likely to want to violate the constitution

Circuit Courts/Appeal Courts/Appellate Courts

i. Handle the appeals of the district court 1. 3 judge panels who review district appeals 2. Cannot decide on new evidence a. Do not hear new witnesses or see new evidence b. Simply decide if the merits of the law were upheld c. Most appeal court decisions are final and end at this level ii. 13 court of appeals staffed by 179 judges iii. 11 Circuits delineated by region 1. It is geographic 2. 13 circuit is the federal circuit those that involve government cases

Strict Constructionists

i. Interpret the constitution very literally and strictly and read very little into it ii. If it does not say it explicitly, then it is not applicable iii. Controversy 1. Believe that loose constructionists are just re-writing the constitution in their own way

Logic of Judicial Review (3)

i. Invoked if a law goes against the constitution is void 1. "An act of the legislator repugnant of the constitution is void" ii. The court decides what laws are constitutional iii. If a law and the constitution both conflict in a case, the constitution wins out.

How do supreme court nominations currently work?

i. It is absolute partisan warfare nominations are rare, the supreme court is powerful, and final 1. Presidents do their best to nominate justices who are ideologically aligned and will vote along their party 2. The court is very partisan today a. It was never supposed to be like that it was supposed to be independent and just inforce the constitution

Second Era Supreme Court Cases

i. Reconstruction, industrialization, gilded age especially economic eras ii. Tradition of Supreme Court ruling to shield business from regulation and the federal government 1. Especially in the 1920s a. State would pass regulatory laws in response to constituents and the court would overturn them every time

Loose Constructionists

i. Tend to read more into the constitution that needs interpretation and evolution to current times. 1. Refer to it as a "living document" 2. ii. Ex 1. Judges has "inferred" the right to privacy from other freedoms given, though it is not mentioned

District Court

i. The base of the pyramid that deal with civil and criminal cases 1. Civil a. Private parties sue one another or a government agency 2. Criminal a. Instigated by indictments initiated by the local US attorney for breaking the law ii. 94 district courts staffed by 632 judges iii. Every state has at least one the more people, the higher the case load, the more courts needed

Original Intent

i. The battle is over the original intent of the framers in writing the constitution 1. Ex a. Internet privacy is not mentioned in the constitution, but possibly we could infer original intent from elsewhere

Why is enforcement an issue for the Judicial Branch?

i. The judicial review allows the supreme court to overturn acts, BUT it lacks any enforcement mechanism ii. Congress and the president can just ignore a Supreme Court ruling

The Senate Check on the Supreme Court

i. The senate confirms and denies justices so in the beginning they can check the judiciary power or at least sway it ii. As they have, they might refuse nomination hearings at all, shutting the supreme court down completely

How do amendments check the Supreme Court?

i. The ultimate check on the judiciary is to just amend the constitution that they must uphold

Robert Taney Cases and Precendent

iv. Robert Taney 1. State's rights advocate elected by Andrew Jackson who was also one 2. Cases a. Dread Scott vs Stanford i. Court ruled that African Americans were not citizens and that ii. slaves must be return iii. Federal law could NOT outrule slavery iv. Precedent 1. Scaled back power of national government 2. Also lead to war a. Abolitionists in the north realized they would have to do something drastic