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CH12THEFEDERALCOURTS.pptCHAPTER 12
THE FEDERAL COURTS
The Legal System Settles Disputes
Rule of Law
- Courts decide cases by hearing the facts on both sides of a dispute and applying the relevant law or principle to the facts. Courts have been given the authority to settle disputes, not only between citizens, but also between citizens and the government. The essence of the "rule of law" is that "the state" and its officials must be judged by the same laws as the citizenry.
Criminal and Civil Law
- Court cases in the United States proceed under two broad categories of law: criminal and civil.
- In the area of criminal law, either a state government or the federal government is the plaintiff that alleges that the defendant has violated a statute that protects public health, safety, morals, or welfare.
- Civil cases are those between individuals, groups, corporations, and other private entities, or between such litigants and the government, in which no criminal violation is charged.
How Does The Court Decide
- In deciding cases, courts apply statutes (laws) and legal precedents (prior decisions).
State Courts Come First
- By far, most cases are heard by state courts. State trial courts are the first to hear a criminal or civil case, and defendants may appeal, if convicted, first to a state court of appeals and then to the state's supreme court.
Who Has Jurisdiction Matters
- Jurisdiction is the sphere of authority of a court. Cases involving federal laws, treaties with other nations, or the Constitution fall under the jurisdiction of the federal courts.
Federal Court Decisions
- Although the federal courts hear only a fraction of all the cases decided every year in the United States, federal court decisions are extremely important.
The Federal Courts Hear a Small Percentage of All Cases
District Courts and
Judicial Districts
- In the United States there are currently 94 district courts, which exercise jurisdiction over federal cases arising within each district. The judicial districts are organized into 11 regional circuits and the D.C. circuit; circuit courts exercise appellate jurisdiction over cases heard by the regional district courts.
Original Jurisdiction and Appellate Jurisdiction
- Original jurisdiction, which is assigned by geography, the Constitution, or even Congress, refers to the authority to initially consider a case. Appellate jurisdiction refers to the authority to hear appeals from a lower court's decision.
Federal District Court
- Federal district court routines and procedures are essentially the same as those of the lower state courts, but federal procedural requirements tend to be stricter.
Courts of Appeals
- The 13 U.S. courts of appeals review and render decisions in approximately 20 percent of all lower-court and agency cases.
The Supreme Court
- The Supreme Court is the highest court in the country and the only federal court established by the Constitution.
- The Constitution does not specify the number of justices who should sit on the Supreme Court; Congress has the power to change the Court's size. Since 1869 there have been nine justices—one chief justice and eight associate justices.
Federal Judge Appointment
- Federal judges are appointed by the president and confirmed by the Senate. There are no formal qualifications for service as a federal judge, but presidents tend to appoint judges who possess legal experience, good character, and partisan and ideological views similar to their own.
Nominating a
Supreme Court Justice
- Since the Supreme Court has so much influence over American law and politics, virtually all presidents have made an effort to select justices who share their political philosophies.
The Power of the Supreme Court Is Judicial Review
Marbury v. Madison and Judicial Review
- The Supreme Court's power to review acts of Congress, although accepted as natural and rarely challenged, is not specifically granted by the Constitution. The power of judicial review was asserted in the important early case of Marbury v. Madison (1803).
Supreme Court Power and the Supremacy Clause
- The Supreme Court's power to review state action or legislation derives from the Constitution's supremacy clause, although it is neither granted specifically by the Constitution nor inherent in the federal system.
Court Power Over
Federal Agencies
- As Congress has delegated power to federal agencies, the courts have been called on to decide whether the regulations adopted by federal agencies are consistent with Congress's express or implied intent.
Federal Courts Review of Presidential Power
- Federal courts also review assertions of presidential power in areas like foreign policy, war and emergency powers, legislative power, and administrative authority.
Most Cases Reach the Supreme Court by Appeal
Rules of the Court
- Over the years, courts have developed specific rules that govern which cases within their jurisdiction they hear. These rules of access can be broken down into three categories: case or controversy, standing, and mootness.
Writ of Certiorari
- Most cases reach the Supreme Court through a writ of certiorari; this is only to be granted when there are special and compelling reasons.
Solicitor General
and Amicus Briefs
- The solicitor general can influence the Court by screening cases before they reach the Supreme Court, submitting amicus briefs, and shaping the arguments used before the Court.
Supreme Court Decisions Set the Precedent for the System
- Groups and forces in society attempt to influence justices' rulings on particular issues.
- After the Court considers the reasoning on both sides as presented in briefs and oral argument, the justices discuss the case in conference and opinions are carefully drafted. Every opinion of the Supreme Court sets a major precedent for cases throughout the judicial system, and even dissents can motivate future cases to come before the Court.
Supreme Court Decisions Are Influenced by Activism and Ideology
Influences and Explanations
- The Supreme Court always explains its decisions in terms of law and precedent.
- Supreme Court justices are influenced by institutional interests, prior political and governmental experience, the judicial philosophy of restraint versus activism, and political ideology.
First Judicial Revolution
- Two judicial revolutions have strengthened and expanded the role of the federal judiciary since World War II. The first revolution was a substantive revolution in several policy areas, including school desegregation, legislative apportionment, criminal procedure, obscenity, abortion, and voting rights.
Second Judicial Revolution
- The second revolution involved changes in judicial procedures that expanded the power of the courts by liberalizing the concept of standing, broadening the scope of relief through the use of class-action suits, and employing structural remedies that allow courts to retain jurisdiction of cases until their mandate has been satisfactorily implemented.
The Federal Judiciary
and Your Future
Protecting Individual Liberty and Freedoms
- In the original conception of the framers of the Constitution, the judiciary was to be the institution that would protect individual liberty from the government. The framers hoped that the courts would protect individual liberty from the potential excesses of majoritarian democracy. The courts' most important decisions were those that protected the freedoms — to speak, worship, publish, vote, and attend school — of groups and individuals whose political views, religious beliefs, or racial or ethnic backgrounds made them unpopular.
Instruments of Social Policy
- Today, Americans of all political persuasions seem to view the courts as useful instruments through which to pursue their goals rather than protectors of individual rights. Liberals and conservatives alike hope to use the courts as instruments of social policy. This raises the concern that if the courts function primarily as policy-making institutions, no institution will have as its primary concerns the protection of individual liberties.
