AP Gov Chapter 9 Review: The Judiciary

 

Intro

-The inclusion of a judicial branch was a dramatic change for the new constitution

-Supreme Court has final power of constitutional review

-Constitution allows:

-Federal judiciary/federal system-“inferior courts” created by Congress

-States create their own criminal justice system and court

-Most distant branch from the average citizen

-Federal justices serve for life based on good behavior; not directly responsible to electorate

-Basis of constitutional power in Article III

-Judges appointed by president, need consent of Senate

-Judicial power covers common law, equity, civil law, criminal law, and public law

-Case decisions: either original or appellate jurisdiction

-Chief Justice of the Supreme Court presides over impeachment trials

 

Dual Court System

-Reflects shared power of national and state governments

-Although independent, state courts are linked by appeals process that allows people to challenge state statutes in federal court

-Two kinds of federal courts:

            -Constitutional: carry out direction in Constitution for courts to exercise judicial power

            -Special: deal w/ cases derived by delegated powers of Congress

                                    -Military appeals, tax appeals, veteran appeals

-Jurisdiction:

            -Federal: cases w/ laws from Constitution, treaties, ambassadors, admiralty and maritime issues, U.S. is involved w/ 2 or more states, cases between citizens of different states

                        *Supreme Court has original jurisdiction in cases involving ambassadors, public ministers and consuls, and ones in which a State is involved

            -State: cases deriving from state laws

                        *Through appeals, these cases could end up in federal court

-Most common form of jurisdiction: concurrent

-“Judge made law”:

                        -Common law: based on stare decis (judicial precedent)

                        -Cases of equity: cases that can’t be resolved under common law and are appealed to federal courts

            -Statutory law (results of legislative action, treaties, and executive orders)

                        -Civil law: contract issues and tort cases

                        -Criminal law: criminal laws passed at both federal and state level

                                    *Some people can be tried under both federal and state statutes

                        -Public law: constitutional law

-Cases/Appeals: defendant/petitioner vs. plaintiff/respondent

 

Structure

-Judiciary Act of 1789: allowed creation of district courts

            -currently 94 courts

            -handle 80% of cases brought to them

            -each state has at least one federal district

            -1st court for hearing cases w/ federal crimes, civil suits w/ federal law, bankruptcy, admiralty and maritime, and immigration

-U.S. attorney appointed by president, confirmed by Senate

            -bring cases to district courts

-Congress established courts of appeal in 1891

            -intermediate before Supreme Court

            -currently 12 courts

            -Supreme Court Justice is a liaison

            -review decisions of district and special courts

            -review and enforce decisions of federal agencies

            -review appeals from state courts

 

Selection of Justices

-involves executive and legislative branches

-input from American Bar Association

-President needs Senate approval for all federal judgeships

-Senatorial courtesy: senators of particular state give approval of nominee

            *Doesn’t apply to Supreme Court nominations

-Nominee must appear before Senate Judiciary Committee

            -Review:

                        -judicial ideology

                        -constitutional precedent

                        -judicial activism

                        -legal writings

                        -past judicial decisions

-Complete background check by Department of Justice

-Lower court judges chosen by recommendations of other officials, not by President

            -often give to nominee because of prior political support to President or party

 

Limited Number of Cases

-Four Supreme Court Justices must agree to review a case before it’s put on the docket

-Writ of certiorari (“To be made certain): appeal heard based on 5 criteria

            -if court made decision that conflicts w/ precedent

            -if court has come up w/ a new question

            -if one court of appeals made a decision that conflicts w/ another

            -other inconsistencies between courts of different states

            -split decision in court of appeals

-Once writ is granted, need:

            -transcripts of appeal

            -petitioner and respondent briefs from their lawyers

                        -must be certain length, color of paper, and in window of time

            -amicus curiae “friend of the court” briefs if desired

-Attorneys are grilled for 30 minutes by 9 justices

-Solicitor General of U.S. represents the government

-9 justices conference and reach decision

            -majority

            -concurring

            -dissenting

-Chief justice assigns a justice to write majority opinion

-Other justices include their view if they have a different opinion

-Outcome of case announced months later

-Significant cases: Chief Justice reads decision

-Pur curiam decision-decision w/o explanation

-Decision becomes public policy

-Executive branch, legislature, or regulatory agencies must implement decision

-States may be required to change laws

 

Effect on Public Policy

-John Marshall Court (1st Supreme Court)

-Marbury v. Madison

-Gibbons v. Ogden

- McCulloch v. Maryland

-Roger Taney Court (1836-1864)

            -rulings contributed to Civil War

            -gave Lincoln power to take away write of habeas corpus

            -Dred Scott Decision

            -could try Southern sympathizers in border states in military court

            -President could take away civil liberties during national emergency

-Salmon Chase Court (during Reconstruction)

            -reversed statutes passed by radical Republicans

            -angry Congress reduced appellate powers

            -less active role once Grant elected

-Industrial period/progressive era/Great Depression

            -economic issues

            -Swift v. United States (1905)

            -Schechter Poultry Corporation v. United States (1935)

-Earl Warren Court (1953-1969)

            -most activist court

            -determined future of civil rights movement

            -overturned Plessy v. Ferguson

            -expanded rights of the accused and ordered states to reapportion legislature

-Warren E. Burger Court (1969-1986)

            -more conservative than Warren Court

            -rulings bothered strict constructionists

            -upheld affirmative action programs; continued desegregation and rights of the accused

            -limited aspects of Miranda decision

            -Roe v. Wade

            -United States v. Nixon

-William Rehnquist Court (1986-present)

            -most conservative court in history

            -reversed many of Warren and Burger rulings

            -many swing votes; majority opinion shifts with each case

            -new form of judicial activism (decisions that overturn precedent):  “conservative activism”

                        -cases that overturn federal laws send message that federal government is using too much of its inherent powers to create law

 

Judicial Philosophy

-strict constructionists v. loose constructionist: judicial restraint v. activist

-Critics of activism:

            -feel civil liberty decisions create society w/o moral fiber

            -feel judges have too much freedom

            -not Court’s responsibility to set policy on issues like abortion

            -feel Court should facilitate policies instead of initiate them

            -irony: want precedents made by activist courts to be followed

-Supporters of activism:

            -want justices to protect rights of the accused and minority interests

            -Supreme Court should be a watchdog and maintain checks and balances

            -need to stop states from trying to undermine court decisions and national law through their own laws

            -wants Court to make crucial decisions to realize interests of government

 

Key Terms

-amicus curiae                          -majority opinion

-appellate jurisdiction                -Marshall court

-Burger court                            -McCulloch v. Maryland (1819)

-cases of equity                        -oral argument

-civil law                                   -original jurisdiction

-common law                           -precedent

-concurring opinion                   -public law

-constitutional courts                 -Rehnquist court

-criminal law                             -senate confirmation

-dissenting opinion                    -special courts

-Fletcher v. Peck                    -stare decis

-Gibbon v. Ogden                   -unanimous opinion

-judicial activism                       -Warren court

-judicial restraint                       -writ of certiorari

-judiciary committee