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					Judiciary
   System
       Powers and Role
       Judicial Review
   Institution
       Organization of Dual Court System
       How Supreme Court functions
   Individual
       Selection of Judges
       How Judges decide
Judicial Power
   Article III, sect. 1
       vested in one SC and in such inferior courts
        as Congress may ordain & establish
   Article III. Sect. 2
       Cases – Const, laws of US, & treaties
       Controversies – ambassadors, admiralty,
        states, citizens of different states, US is
        party
Role
   Apply the rule (law, regulation, Const)
    to a particular case or set of
    circumstances
   Federalist #78 – Hamilton
       “least dangerous branch”
       “merely judgment”
       “duty it must be to declare all acts contrary
        to the manifest tenor of the Const void”
Marbury v. Madison (1803)
   Facts
       Federalists defeated in election of 1801
       Lame duck Congress – est’d judicial
        positions
       Adams nominated appointees, incl.
        Marbury, Senate confirmed, not all
        delivered
       Madison refused to deliver 4 commissions
Marbury v. Madison (1803)
   Procedure
       Marbury brought suit directly to SC under
        Sect. 13 of JA of 1789
       Asked SC to issue writ of mandamus (order
        directing occupant of office to fulfill duties
        of office)
       Asked SC to direct Madison to deliver
        commission
Marbury v. Madison (1803)
   Issues
       1) Has Marbury a right to the commission?
        YES
       2) If he has a right and that right has been
        violated, do the laws of his country afford
        him a remedy? YES
       3) If they do afford him a remedy, is it a
        mandamus issuing from this Court? NO
Marbury v. Madison (1803)
   Holding
       Conflict betw. Article III which establishes
        original jurisdiction of the SC
       And Sect. 13 of Judiciary Act of 1789,
        which expands original jurisdiction to
        include writs of mandamus
       Therefore, Sect. 13 of JA of 1789 is
        unconstitutional
Marbury v. Madison (1803)
   Chief Justice John Marshall
      “It is emphatically the province and duty of
       the judicial department to say what the law
       is. Those who apply the rule to particular
       cases must of necessity expound and
       interpret that rule.”
      Asserts the basis for judicial review –
       power of courts to invalidate statues,
       treaties or exec actions on the grounds
       they violate the Const.
Judiciary as Institution
   Dual Court system – state & federal
       Jurisdiction – civil and criminal; original and
        appellate
       Judiciary Act of 1789 – federal
       State Constitutions
   Intersections betw state & federal
       State law and federal Constitution – appeal to
        federal SC
       Federal habeas corpus - controversial
Hierarchical Systems                     (Fig. 10.1)

   Trial Court Level
       Federal district courts – 94 – 272,027 cases
       State trial courts – 89 million filings
   Appeals Court Level
       US Court of Appeals – 13 – 52,319 cases – Fig.
        10.2
       Intermediate Appellate Courts – ½ states – almost
        300,000 cases
   Supreme Court
U.S. Supreme Court
   Jurisdiction
       Original – rare
       Appellate – from state SCs or US Cts.of Ap
   How decides to hear
       Discretion
       Writ of Certiorari petitions
       Rule of four - cues
U.S. Supreme Court
   Caseload
       Number of petitions for review increasing
            5,144 in 1980-81
            8,445 in 1999-2000
       Number of cases heard declining
            152 in 1980-81
             73 in 1999-2000
Judiciary – Individual Level
   State Court Judges
       Elected
            Partisan or Non-partisan
       Appointed
            Governor or Legislature
       Missouri Plan
            Merit
Federal Court Judges
   Appointed by the President with the
    advice and consent of the Senate
       For life
       Removed by impeachment for misconduct
   District Court Judges
       President defers to Senate
       Senatorial courtesy
       653 active; 300 retired
Federal Court Judges
   Courts of Appeals (Circuit Courts)
       President & Justice Dept more involved
       More contentious
       Generally each state in circuit has one
        judge
       179 active and 80 retired
Supreme Court Justices
   President’s nominee – criteria
          Competence
          Judicial philosophy
          Politics
   Senate Judiciary Committee hearings
   ABA ratings/ Interest groups involved
   Nine justices since 1869
Current Supreme Court
   Chief Justice Rehnquist – 1924 – Nix/Re
   Justice Stevens – 1920 – Ford
   Justice O’Connnor – 1930 – Reagan
   Justice Scalia – 1936 – Reagan
   Justice Kennedy – 1936 – Reagan
   Justice Souter – 1939 – Bush
   Justice Thomas – 1948 – Bush
   Justice Ginsburg – 1933 – Clinton
   Justice Breyer – 1938 - Clinton
Supreme Court Decision Process
   Submission of briefs from parties and
    amicus curiae briefs
   Oral Argument – ½ hr. each side
   Conference – discuss, vote
   Assign majority opinion
   Drafting and circulating opinions
   Opinion Day
Influences on Judicial Decisions
   Precedent – prior decisions
   Briefs
   Judicial Attitudes and Values
       Social Bkgd and Experience
       Policy preferences and Role of Court
   Interaction Among Justices
       Group Decision Making
       Strategic Behavior
Evaluation of Court Decisions
   Judiciary has a special capacity to do
    justice that is superior to that
    possessed by other branches –
          Written justifications
          Held to precedents
          Consistency and impartiality
          Expectation of fairness
          Even-handedness
Courts as Policymaking Insts
   Justices are aware of the “tenuous
    nature” of their power and use it wisely
   Judicial process imposes constraints
       Passive
       Narrow and focused on particular issue
       Piecemeal – incremental decision making

				
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posted:11/1/2011
language:English
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