The Supreme and Federal Courts – Chapter 16 part one
The Judiciary Act of 1789 and the Creation of the Federal Judicial System
Both systems have three tiers (established by the Judiciary Act of 1789):

District Court (trial courts) - litigation begins and courts hear the facts of the case at hand (

Appellate courts--decide questions of law, not fact (

High or supreme courts (
)
)
).
Judicial Review – Marbury v. Madison (1803)
 Allows the courts to rule on the constitutionality of laws, giving the court the power to strike down or reinforce
policy
 Judges have used this power sparingly.
 The power has only been used about _____________times to strike down acts of Congress.
 It has been used more frequently (
) to invalidate acts of state legislatures.
Participants in the Judicial System
Litigants
 Plaintiff- the party bringing the charge.
Must have standing to sue –
 Defendant- the party being charged
 Jury- the people (normally 12) who often decide the outcome of a case
Federal Selection Process
Constitution insulated Supreme Court Justices from Direct pressures
 Justices are appointed (not elected) to serve life terms subject only to good behavior. Senate
must confirm all nominations by majority vote (Advice and consent)
 Salaries of justices cannot be reduced


Senatorial courtesy – tradition started by G.Washington to seek approval from local senators over
locally appointed judges
Checks on the SC to not deviate too far from public opinon



 They rely on the others (executive branch/states) to enforce their rulings.
 Congress may alter the structure of the court system (# of courts and justices)
 Congress may amend the Constitution if the Courts find a law unconstitutional

Ex. Income tax originally found unconstitutionally so Congress added 16th amendment
Constraints on the Power of Federal Courts
Adversarial system – decision must be made between 2 choices, and court can’t bring up an issue
Justiciable dispute – must judge actual situations, not hypothetical situations
Political question – absence of law to rule on a case and the court calls on the Congress to create
law
Ex. –
Chapter 16 notes part 2
Federal Court System -
US Supreme Court
2009/2010 – Argued 84 cases and Decided 92 cases
Hear appeals – Writ of certiorari (to be informed of) – an appellate court order to bring the
case before them then the court has discretion on whether or not to hear the appeal.
Rule of 4 –
How many cert petitions are considered?
 In recent terms, there have been between 8,000 and 10,000 cases appealed to the
Supreme Court each year
Out of approx. _________ petitions in the average year, about 70-75 are granted (
Paid Petitions - Petitions that pay the
$300 filing fee
In forma pauperis -litigants who can’t
pay the filing fee (often prisoners)
~20% of petitions
~80% of petitions
3-4% granted
0.2% granted
Make up 85-90% of docket
Make up 10-15% of docket
%)
“Discuss Lists”
•
The Chief Justice generates a discuss list, based on memos prepared by clerks. Other
justices may add to the list.
•
All cases generated by Solicitor General All (
) are automatically discussed
•
So are all Capital Cases (no such thing as a “frivolous case” here)
More “cert-worthy” criteria - Important
Multiple amicus curiae briefs (
) at cert stage
Affects large number of people
Unique/one of a kind case this Court must decide
Interest Groups become involved to influence decisions by submitting Amicus Curiae
briefs to influence the Supreme Court (NAACP)
Bring new points of view to the case
Federal government can also submit them.
Petitions filed by individuals are lower priority Ranking tends to be:
#1 –
#2 - Corporations
#3 - States
#4 - Organized groups
#5 -- Individuals
Constitution - Importance of Interpretation
Marbury v. Madison
Court interpretes
Philosophy of the individual judges determine the answer to the legal questions
Ultimate authority resides in the U.S. Supreme Court
Constitution - importance of interpretation Originalist Philosophy = Rule of Law (Judicial
Restraint)
Original meaning of the Constitution should guide interpretation
 They follow the “original intent” of the framers.
 Go to great lengths to defer to the legislature (or executive) because they represent
the majority of Americans.
 Respect stare decisis, the principle of upholding established precedent handed down
by past judges.
Example case:
Judicial Activism
 Courts believe it is their duty to uphold liberties because the leg. and exec. branches
won’t always do that.
 Believe in “case law.”
 Courts making new public policies.
 Example case:
 Overturned the precedent set in Plessey.
 Expected the states to act upon their ruling
 Brown II (1955): “…with all deliberate speed.”
Road to the Supreme Court
Justices read briefs pertaining to the case.
Hear oral arguments, how long? (
)
Meet to discuss cases and vote on decision
Write and announce opinions
Types of Opinions
When an opinion is written (a decision), it often takes months and many drafts
Majority Opinion – justices in the majority must draft an opinion setting out the reasons for
their decision (
)
Concurring Opinion – justices who agree for other reasons can give their opinion
Dissenting Opinion – justices who disagree with the opinion write their side
Implementation
 “John Marshall has rendered his decision; now let him enforce it!” – Andrew Jackson
 10 years after Brown only 1% of Southern schools were desegregated
 Court must rely on branches, states, and officials to enforce its ruling
 The Courts and the Policy Agenda
A Historical Review - The Courts and the Policy Agenda
John Marshall (1801-1835) and the Growth of Judicial Review – Marbury v. Madison
The Warren Court (1953-1969) – most active Supreme Court in shaping public policy in areas
of desegregation & rights of the accused. Example:
The Burger Court (1969 - 1986)– Nixon chose Burger as the chief justice. This court was more
conservative than the liberal Warren Court. They wrote the abortion decision in Roe v. Wade
and upheld affirmative action. Example:
The Rehnquist Court (1986-2005) – has slowly chipped away at liberal decisions such as those
regarding defendants’ rights, abortion, and affirmative action. Example:
Executive Privilege - The right of the President to confidentiality refuse to disclose information
to Congress or a court has been claimed by Presidents throughout American History.
Executive Privilege has been limited by the Supreme Court. Example:
Court Packing - President Roosevelt (FDR) attempted to increase the size of the Supreme
Court.
He wanted to add six new judges to make a total of 15. (current judges did not support his
new deal programs “nine old men.”) Congress didn’t approve.