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The Judiciary

Explore the federal court system, implications of adversarial process, judicial activism, decision-making process of the US Supreme Court, and the role of the judiciary in a constitutional democracy.

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The Judiciary

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  1. The Judiciary Chapter 14

  2. Learning Objectives • Analyze the implications of the adversarial process • Explain the structure of the federal court system • Compare and contrast arguments in favor of and against judicial activism • Describe the process of reaching a decision to the U.S. Supreme Court • Assess the influences on the U.S. Supreme Court • Compare and contrast the limits of judicial action • Assess the roles of the judiciary in a constitutional democracy

  3. Balance of the Court “We are under a Constitution, but the Constitution is what the judges say it is……” -Justice Charles Evans Hughes Liberal Conservative

  4. Understanding the Federal Judiciary • The judiciary is generally guarded from public opinion and the rest of government • No Terms (good behavior) • No salary reductions once confirmed • Guaranteed independence

  5. Characteristics of the Federal Judiciary • Judicial Review (Marbury v. Madison) • Adversary system: based on the theory that arguing over law and evidence guarantees fairness

  6. Criminal vs. Civil Law • Criminal trial a person’s liberty is at stake • Government provided attorneys • Right to a jury • Civil case penalties are predominantly monetary • No guaranteed attorney • No jury trials in state civil trials

  7. Cases, Controversies, and Justiciability • Can only decide cases dealing with real controversy. • Must be brought to them • Must have already impacted a person (i.e. Obamacare) • Court should not here political questions, these are more properly dealt with be the legislature (Bush v. Gore)

  8. Prosecuting Cases • U.S. Department of Justice is responsible for prosecuting federal criminal and civil cases. • Headed by attorney general (Eric Holder) • Assisted by solicitor general (Neal Katyal) • Reps in front of Supreme Court cases • 94 U.S. attorneys • 1,200 assistant attorneys

  9. Three Types of Federal Courts:Judiciary Act of 1789

  10. Three Types of Federal Courts:Judiciary Act of 1789 • Supreme Court original jurisdiction only in cases involving ambassadors, other public ministers, and other diplomats, and cases in which a stat or states are a party • Rest of the time only appellate jurisdiction • Currently 9 justices, originally 6

  11. Three Types of Federal Courts • District Courts • 678 judges across 94 district courts • Hear the majority of cases

  12. Three Types of Federal Courts • Circuit Courts of Appeals • Appealing a case means taking it a higher court for review • Judges must use precedent • 13 of these courts, Indiana is in district 7 • Usually operate in panels of three judges

  13. Judicial Federalism: State and Federal Courts • Writ of habeas corpus: a court order requiring explanation to a judge why a prisoner is being held in custody. • State courts use their own constitution and laws, only when in conflict with the Constitution do federal courts interfere

  14. Appointing Federal Judges • Appointed by President, approved by Senate • Supreme Court = no requirements • Assumed they would be skilled in law • Washington established tradition • Same party • Same beliefs • Same rulings • Senator advice for district courts, ensuring every state is represented

  15. Appointing Federal Judges • Presidents consult with Congress, especially senate • American Bar Association (ABA) rates candidates for appointment • Interest groups also chime in • Senate Judiciary Committee conducts interviews and investigations • May ask about personal history, opinions, and philosophy • 31 of 152 nominees have been refused by the Senate

  16. The Role of Party, Race, and Gender • 10% of nominations are from opposing party • Race, gender, and ideology more important now • More diversity in nominations with recent presidents • Clinton 50% • Bush 37%

  17. Role of Ideology • Regan’s two terms he appointed 368 lifetime judges • “Right kind” of democrats and republicans must be found

  18. Role of Judicial Philosophy • Are judicially active or do they demonstrate judicial restraint? • How do they interpret the Constitution? • originalists • Reforming the selection process after the 1987 and 1991 televised confirmation hearings of Robert Bork and Clarence Thomas

  19. How the Supreme Court Decides • Term 1st Monday in October through the end of June. • Hear arguments for two weeks, adjourn to consider cases and write opinions for other two weeks • 6 needed to rule, majority wins, lower court stands in case of tie

  20. How the Supreme Court Decides • 8 Step Process • Reviewing appeals • Granting the appeal • Rule of 4 • Briefing the Case • Holding the Oral Argument • 30 minutes only • Meeting in Conference • Friday mornings • Explaining the Decision • Opinion, Dissenting, Concurring • Writing the Opinion • Difficult tedious task, lots of responsibility and negotiating • Releasing the opinion • Publicly released www.supremecourtus.gov

  21. Influences on the Supreme Court • Supreme Court precedent is the primary influence. • Interest groups, chief justice, and law clerks, solicitor general, and citizens

  22. After the Court Decides • People do not always immediately follow the courts rulings.

  23. Limits on Judicial Action • “stare decisis” to stand by that which is decided, or let the decision stand • Congressional and Presidential Action • Can’t be removed individually, but they can act to impact all of the judiciary • Similar to schools

  24. Judicial Power in a Constitutional Democracy • Judicial must remain independent • Elections matter • Appointments • Judges are aware of public opinion • They rely on the approval of our free people

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