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