CHAPTER 8- THE JUDICIAL BRANCH
8.1- THE CONSTITUTION AND THE FEDERAL JUDICIAL BRANCH
The Judicial power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. - US Constitution, Article 3.
With these words, the framers created the judicial branch of the federal government. These courts are often called "Guardians of the Constitution" because they work to protect the rights and freedoms guaranteed by the Constitution. Federal courts decide on constitutionality, or whether laws or actions agree with the principles of the Constitution.
The federal court system consists of more than 100 courts across the country that hear, meaning "deal with," a wide variety of cases.
The courts do not make laws. That is the job of Congress. The courts also do not implement laws. That is the job of the President and the executive branch. The federal courts say what a law means and say how that law applies to the facts in a particular dispute. Collectively, the system of courts of law in the judicial branch is called the judiciary.
Protecting the Power of the Court
The framers of the Constitution were wise enough to know that the judicial branch had to be independent if it was to:
The Constitution protects the judiciary from the influence of the other two branches of government in two ways:
Checking the Power of the Court
The powers of the judiciary are balanced by checks from the executive and legislative branches.
With these words, the framers created the judicial branch of the federal government. These courts are often called "Guardians of the Constitution" because they work to protect the rights and freedoms guaranteed by the Constitution. Federal courts decide on constitutionality, or whether laws or actions agree with the principles of the Constitution.
The federal court system consists of more than 100 courts across the country that hear, meaning "deal with," a wide variety of cases.
The courts do not make laws. That is the job of Congress. The courts also do not implement laws. That is the job of the President and the executive branch. The federal courts say what a law means and say how that law applies to the facts in a particular dispute. Collectively, the system of courts of law in the judicial branch is called the judiciary.
Protecting the Power of the Court
The framers of the Constitution were wise enough to know that the judicial branch had to be independent if it was to:
- Ensure fairness for all citizens.
- Make sure that the president and Congress couldn't influence decisions made by the courts.
The Constitution protects the judiciary from the influence of the other two branches of government in two ways:
- Federal judges are appointed for life and can only be removed from office through impeachment- charging an official with a crime or corruption- and then conviction by Congress, a complex process.
- The salary of federal judges cannot be reduced by a President or by Congress.
Checking the Power of the Court
The powers of the judiciary are balanced by checks from the executive and legislative branches.
- The President nominates people to become Federal Judges.
- The Senate must confirm anyone whom the president nominates to be a federal judge.
- The House can impeach judges and justices.
- Congress creates federal courts (Other than the Supreme Court) and decides how many judges those courts need.
- Congress decides which types of cases the federal courts will hear.
- Congress can amend the Constitution with the approval of the states to reverse a judicial ruling.
8.2- THE FEDERAL COURT SYSTEM
The Federal Court system follows some specific rules set up by Congress and the Constitution. These rules list the types of cases the courts can hear, or conduct, as well as how judges are chosen for the courts.
Jurisdiction:
The jurisdiction- area of power or authority- of the federal courts is described by the Constitution, but not very clearly. Congress sets more specific guidelines for what federal courts may do.
All courts have rules about the types of cases they can hear. Traffic courts, for example, only hear cases about traffic violations. In the same way, the Constitution gives federal courts the power to hear cases that deal with:
Jurisdiction:
The jurisdiction- area of power or authority- of the federal courts is described by the Constitution, but not very clearly. Congress sets more specific guidelines for what federal courts may do.
All courts have rules about the types of cases they can hear. Traffic courts, for example, only hear cases about traffic violations. In the same way, the Constitution gives federal courts the power to hear cases that deal with:
- Laws and treaties written by the federal government.
- The meaning of the Constitution.
- Disputes involving ambassadors or other foreign officials.
- Maritime law (law on seas and and oceans)
- Disputes in which the United States is suing or being sued.
- Disputes between two or more state governments.
- Disputes between citizens of different states.
- Disputes between United States citizens or states and foreign nations or citizens.
Judges:
Under Article 3 of the Constitution and under the power given to Congress by Article 3 to create lower courts, the president appoints and the Senate confirms the following federal judges:
You do not need to meet any special qualifications to become a federal judge. However, people who are nominated are usually successful private-industry or government lawyers, state court judges, magistrate or bankruptcy judges, or law professors.
Each court in the federal system has a chief judge who hears cases and is responsible for the operation of the court. Usually- but not always- the chief judge is the judge who has served on the court the longest.
Judicial Ethics:
Federal judges must follow the Code of Conduct for United States Judges. This code says that all judges should:
Under Article 3 of the Constitution and under the power given to Congress by Article 3 to create lower courts, the president appoints and the Senate confirms the following federal judges:
- Justices of the Supreme Court
- Judges in the courts of appeals
- Judges in the district courts.
- Judges of the Court of International Trade.
You do not need to meet any special qualifications to become a federal judge. However, people who are nominated are usually successful private-industry or government lawyers, state court judges, magistrate or bankruptcy judges, or law professors.
Each court in the federal system has a chief judge who hears cases and is responsible for the operation of the court. Usually- but not always- the chief judge is the judge who has served on the court the longest.
Judicial Ethics:
Federal judges must follow the Code of Conduct for United States Judges. This code says that all judges should:
- Behave morally and ethically, and should protect the independence of the judiciary.
- Carry out the duties of the office without bias and with hard work.
- Not take part in activities outside their job that conflict with judicial duties.
- Not take part in political activity.
8.3- THE LOWER COURTS
The Supreme Court is the only court specifically created by Article 3. However, Article 3 gave Congress the authority to create lower federal courts to assist the Supreme Court. Today these lower courts include:
Additionally, Congress has created several special federal courts. The chart below shows the different types of federal courts.
US District Courts:
Congress created 13 district courts in 1789, when the country was much smaller and had fewer people. Today, we have 94 federal district courts spread out all across the United States to heard trials. Each as its own geographic territory. More than 600 judges work in our district courts.
Trial Courts:
United States district courts are trial courts, or courts that hear criminal and civil cases. District courts have authority to hear nearly all types of federal cases, within the limits set by Congress and the Constitution. Trials in the district courts may be of two kinds:
Federal Trial courts are not the only trial courts in the country. In fact, most legal cases are settled in the state court system.
Court Officials:
District courts are busy places. In addition to the judges who run the court, many other officials play a role in the work of the court. Three types of these officials are: Magistrates, US Attorneys, and Marshals.
Magistrates: A magistrate is an officer of a district court who handles many of the duties of the district court judge so that the judge can hear more trials. A full time magistrate serves a term of eight years. Duties assigned to magistrates by district court judges are different from court to court. A magistrate might.
Marshals: Marshals have the job of keeping order in the court. They are US federal officers within judicial districts who carry out court orders and perform duties similar to those of a sheriff.
US Court of Appeals:
Congress created the US Circuit Courts of Appeals in 1891 to help the Supreme Court. The Supreme Court had so many case appeals to consider that it needed help to deal with them all. The Courts of Appeals, therefore, were set up to be the first step in the appeals process. Congress hoped the Court of Appeals could settle most of the cases, especially the less important ones. If the Court of Appeals came to the proper decision, the Supreme Court wouldn't have to hear the case.
- District Courts, which conduct trials of cases never heard previously.
- Courts of Appeal, which review or reconsider cases that have already been tried in other courts.
Additionally, Congress has created several special federal courts. The chart below shows the different types of federal courts.
US District Courts:
Congress created 13 district courts in 1789, when the country was much smaller and had fewer people. Today, we have 94 federal district courts spread out all across the United States to heard trials. Each as its own geographic territory. More than 600 judges work in our district courts.
Trial Courts:
United States district courts are trial courts, or courts that hear criminal and civil cases. District courts have authority to hear nearly all types of federal cases, within the limits set by Congress and the Constitution. Trials in the district courts may be of two kinds:
- Bench Trials: In these cases, only a judge hears and decides the case.
- Jury Trials: Outcomes are decided by a jury of ordinary citizens.
Federal Trial courts are not the only trial courts in the country. In fact, most legal cases are settled in the state court system.
Court Officials:
District courts are busy places. In addition to the judges who run the court, many other officials play a role in the work of the court. Three types of these officials are: Magistrates, US Attorneys, and Marshals.
Magistrates: A magistrate is an officer of a district court who handles many of the duties of the district court judge so that the judge can hear more trials. A full time magistrate serves a term of eight years. Duties assigned to magistrates by district court judges are different from court to court. A magistrate might.
- Issue warrants or orders for arrest.
- Decide whether to hold a person for grand jury action
- Set bail.
Marshals: Marshals have the job of keeping order in the court. They are US federal officers within judicial districts who carry out court orders and perform duties similar to those of a sheriff.
US Court of Appeals:
Congress created the US Circuit Courts of Appeals in 1891 to help the Supreme Court. The Supreme Court had so many case appeals to consider that it needed help to deal with them all. The Courts of Appeals, therefore, were set up to be the first step in the appeals process. Congress hoped the Court of Appeals could settle most of the cases, especially the less important ones. If the Court of Appeals came to the proper decision, the Supreme Court wouldn't have to hear the case.
Organization:
The 94 judicial districts are organized into 12 regional circuits. Each circuit has one United States Court of Appeals to heard cases appealed from district courts in that circuit. One judge from the Supreme Court is responsible for each court of appeals district.
Responsibilities:
People who are dissatisfied with the result of an earlier trial can appeal the case, which means they ask the appeals court to review the way the lower court conducted the trial. Courts of appeals have no original jurisdiction, which mean s that they never hear a case from beginning or origin with all the evidence presented. No evidence is presented again. No testimony is heard.
The 94 judicial districts are organized into 12 regional circuits. Each circuit has one United States Court of Appeals to heard cases appealed from district courts in that circuit. One judge from the Supreme Court is responsible for each court of appeals district.
Responsibilities:
People who are dissatisfied with the result of an earlier trial can appeal the case, which means they ask the appeals court to review the way the lower court conducted the trial. Courts of appeals have no original jurisdiction, which mean s that they never hear a case from beginning or origin with all the evidence presented. No evidence is presented again. No testimony is heard.
The Appeals Process
A person making an appeal usually asks the appeals court to review the process by which the trial was conducted, or how the law itself was applied. A three judge panel:
Special Federal Courts:
The Constitution also let Congress set up special courts, which focus on specific types of controversies, such as disputes over the payment of taxes. The table below outlines the types of cases handled by several of these special courts.
- Reviews transcripts of the prior courts proceedings.
- Listens to arguments from attorneys for both sides.
- Decides whether to uphold the trial judges ruling, dismiss the case, or send the case back to the trial court so that it can be conducted properly.
Special Federal Courts:
The Constitution also let Congress set up special courts, which focus on specific types of controversies, such as disputes over the payment of taxes. The table below outlines the types of cases handled by several of these special courts.
- The Court of Appeals for the Armed Forces: - A civilian (nonmilitary) court that hears appeals of military courts-martial.
- Local Courts of the District of Columbia- Congress- created equivalent of a state court system in the District of Columbia.
- US Court of Appeals for Veterans' Claims- Hears appeals over decisions given by the Department of Veterans Affairs on veterans benefits such as pensions and medical care.
- The Territorial Courts- Provide a court system for American territories, including the Virgin Island sand Guam. These courts operate like district courts.
- US Court of Federal Claims- Hear claims made against the United States for money damages.
- US Tax Court- Hears appeals by people who believe that they were assessed the wrong amount of tax by the Internal Revenue Service.
8.4- THE UNITED STATES SUPREME COURT
The United States Supreme Court is the most powerful court in the country. It is the court of appeal whose decisions are final.
Responsibilities:
Written above the main entrance of the Supreme Court Building in Washington DC, are the words "Equal Justice Under Law," as a reminder why the Court exists. The Court is charged with ensuring equal justice under the law for all Americans and is the guardian and interpreter of the Constitution.
As the country's highest court of appeal, the Supreme Court reviews cases appealed from:
The Supreme Court can choose the cases it will hear and exercises a power called Judicial Review. Judicial review is the power of the courts to decide whether acts of governments- national, state, or local- conflict with the Constitution. If the Court decides that a law is unconstitutional, the section of the law in dispute is considered null and void, no longer in force. This very important power of judicial review is implied in Article 3 of the Constitution but it was not formally established until the historic case of Marbury v. Madison.
The Justices:
The Supreme Court currently has nine justices. The first Supreme Court only had six justices, and Courts have had as many as ten justices (in the mid-1800s). Supreme court justices serve life terms and do not have to retire at any specific age. Justices, like all federal officials, can be impeached and removed.
The position of Supreme Court justice is very important. So the process of nominating and approving a new judge is complicated enough to ensure that only the most respected candidates can become Supreme Court justices. The process follows five steps:
Example: When Justice Thurgood Marshall retired, President George HW Bush was pressured to replace the retiring African American justice with someone who was also African American to ensure that the Court would retain its racial mix.
The Supreme Court at Work:
Every year, nearly 7,000 cases are appealed to the Supreme Court. The justices review all the appeals and choose which cases they will hear.
Selecting Cases
When any four justices feel a case is important enough for the Supreme Court to address (The Rule of Four- four Justices must vote to accept the case) that case is added ot the list of cases to be considered during that term, or session. The justices usually select only about 150 cases to hear in a year.
Hearing Arguments
Once the justices have decided to hear a case, the attorneys are notified and begin their preparations. The attorney may be asked to do two things:
Making Decisions
Once oral arguments are made, the justices meet later in private to discuss the case. the Chief Justice runs these meetings and usually speaks first. Each justice, in order of seniority, which means length of service on the Court, gives his or her view of the case. If all views are the same, the decision is made. If not, discussion continues. When discussion is completed, a vote is taken. votes that are 9-0 are said to be unanimous. All other votes are called split votes. The side with the majority of votes wins.
Writing Opinions
After the Court has reached a decision on a case, justices write opinions- written statements explaining the reasons for their decisions. Three types of opinions may be written by the justices.
Responsibilities:
Written above the main entrance of the Supreme Court Building in Washington DC, are the words "Equal Justice Under Law," as a reminder why the Court exists. The Court is charged with ensuring equal justice under the law for all Americans and is the guardian and interpreter of the Constitution.
As the country's highest court of appeal, the Supreme Court reviews cases appealed from:
- The Circuit Courts of Appeals
- The highest state courts, when that court's decision is based at least in part on a federal constitutional or legal principle or federal statute.
The Supreme Court can choose the cases it will hear and exercises a power called Judicial Review. Judicial review is the power of the courts to decide whether acts of governments- national, state, or local- conflict with the Constitution. If the Court decides that a law is unconstitutional, the section of the law in dispute is considered null and void, no longer in force. This very important power of judicial review is implied in Article 3 of the Constitution but it was not formally established until the historic case of Marbury v. Madison.
The Justices:
The Supreme Court currently has nine justices. The first Supreme Court only had six justices, and Courts have had as many as ten justices (in the mid-1800s). Supreme court justices serve life terms and do not have to retire at any specific age. Justices, like all federal officials, can be impeached and removed.
The position of Supreme Court justice is very important. So the process of nominating and approving a new judge is complicated enough to ensure that only the most respected candidates can become Supreme Court justices. The process follows five steps:
- When an opening on the Court occurs the president asks advisors to suggest candidates, such as other judges in the federal court system, state supreme court justices, senators, or governors.
- The President narrows down the list to a few potential nominees, then interviews them. Presidents usually look for judges who share their own political beliefs.
- The President selects a candidate to nominate, and his staff then asks the Senators from the nominee's state to introduce the candidate to the Senate before confirmation hearings. At this point, the nomination is formally announced.
- The Senate Judiciary Committee interviews the nominee to determine his or her views on important political and Constitutional issues. When the interview is complete, the Senate Judiciary Committee makes a recommendation to the full Senate.
- The full Senate votes on the nominee, usually supporting the recommendation of the Judiciary Committee.
Example: When Justice Thurgood Marshall retired, President George HW Bush was pressured to replace the retiring African American justice with someone who was also African American to ensure that the Court would retain its racial mix.
The Supreme Court at Work:
Every year, nearly 7,000 cases are appealed to the Supreme Court. The justices review all the appeals and choose which cases they will hear.
Selecting Cases
When any four justices feel a case is important enough for the Supreme Court to address (The Rule of Four- four Justices must vote to accept the case) that case is added ot the list of cases to be considered during that term, or session. The justices usually select only about 150 cases to hear in a year.
Hearing Arguments
Once the justices have decided to hear a case, the attorneys are notified and begin their preparations. The attorney may be asked to do two things:
- Submit Briefs: Attorneys on both sides of the case are asked to submit a brief outlining their positions. A brief is a document prepared by a lawyer to explain his or her legal position on the issue in question. Briefs often use decisions reached in previous Supreme Court chases to support a position. Interested groups may also submit amicus curiae- friend of the court- briefs.
- Make Oral Arguments: If the justices choose to hear them, the lawyer for each side in the case (the petitioner and the respondent) are usually allowed 30 minutes each in which to present their oral arguments. The justice may, and often do, ask questions.
Making Decisions
Once oral arguments are made, the justices meet later in private to discuss the case. the Chief Justice runs these meetings and usually speaks first. Each justice, in order of seniority, which means length of service on the Court, gives his or her view of the case. If all views are the same, the decision is made. If not, discussion continues. When discussion is completed, a vote is taken. votes that are 9-0 are said to be unanimous. All other votes are called split votes. The side with the majority of votes wins.
Writing Opinions
After the Court has reached a decision on a case, justices write opinions- written statements explaining the reasons for their decisions. Three types of opinions may be written by the justices.
- Majority Opinion- A majority decision explains why the majority of the Court voted as it did on a particular case. The job of writing the opinion is assigned by either the Chief Justice or the justice with the most seniority on the side that won the decision, who can choose to write the opinion or to assign it to someone else.
- Concurring Opinion: A concurring opinion is written by a justice who voted with the majority on the outcome of the case, but did so for a different reason than the majority. This opinion explains that justice's position.
- Dissenting Opinion: A dissenting opinion may be written by any or all of the justices who voted with the minority (the losing side). These opinions explain the reasons for the justices' positions. Dissenting opinions often are used as a basis for challenging Court ruling in future cases.
8.5- THE COURT THROUGH HISTORY
In 1789, John Jay began his service as the first Chief Justice of the Supreme Court. Since that time, the Court has defined its role and made critical decisions that have affected the life of every American.
Judicial Activism and Judicial Restraint:
How does the Supreme Court define its role in the government? How do justices decide how to interpret the Constitution? Throughout history, justices have taken different positions on these questions. The different points of view boil down to opposite interpretations of a justice's role:
Judicial Activism:
Justices who believe the Court should take an active role in policy-making and Constitutional interpretation are called judicial activists.
They tend to interpret the Constitutional and federal laws broadly to achieve certain results. They are more likely to strike down state or federal laws and to ignore or overturn precedents- prior court decisions- in their rulings.
Judicial Restraint:
Justices who tend toward judicial restraint believe that policy decisions should be left to Congress and the President, not to the court. Justices with this viewpoint may refuse to review certain cases that they feel would force the court to interfere with congressional and executive authority.
Landmark Decisions:
Throughout its history, the Supreme Court has made many decisions that have changed our nation, laws, and government. Such Supreme Court decisions are considered landmark, or very significant decisions.
Judicial Activism and Judicial Restraint:
How does the Supreme Court define its role in the government? How do justices decide how to interpret the Constitution? Throughout history, justices have taken different positions on these questions. The different points of view boil down to opposite interpretations of a justice's role:
Judicial Activism:
Justices who believe the Court should take an active role in policy-making and Constitutional interpretation are called judicial activists.
They tend to interpret the Constitutional and federal laws broadly to achieve certain results. They are more likely to strike down state or federal laws and to ignore or overturn precedents- prior court decisions- in their rulings.
Judicial Restraint:
Justices who tend toward judicial restraint believe that policy decisions should be left to Congress and the President, not to the court. Justices with this viewpoint may refuse to review certain cases that they feel would force the court to interfere with congressional and executive authority.
Landmark Decisions:
Throughout its history, the Supreme Court has made many decisions that have changed our nation, laws, and government. Such Supreme Court decisions are considered landmark, or very significant decisions.