Ch. 14
The role of the courts in American government
1) American courts shape policies that form the heart of American democracy
a) Because judges tend to accept the ruling of other courts in similar cases, judges in effect make policies with their decisions
b) The Supreme Court for example makes fundamental decisions vital to the preservations of freedom, order, and equality
2) Courts can undo the work of representative institutions (congress)
3) This thwarts democratic theory which argues that the majority should rule
The conferral of power on federal courts
1) The constitution established “one supreme court” but left it to congress to structure the federal judiciary
a) Congress adopted the judiciary act of 1789. It provided a system of federal courts that would coexist with the courts of each state by be independent from them
b) Congress created two general types of lower courts
I) constitutional exercise the judicial powers found in article III. Their judges are given constitutional protection of lifetime terms there are 94 district courts and 13 courts of appeals
II) Congress set up legislative courts for special purposes. They are sometimes called article I courts. They help congress carry out legislative powers. Examples are the court of claims, court of international trade, tax courts, and court of military appeals. Courts do not carry out article II and therefore the judges are not protected for life.
c) in the first decade under the constitution the supreme court was not especially powerful
I) the first Supreme Court judge (John Jay) resigned for lack of power
II) Several states men refused appointments
2) Judicial review led to the ascending of supreme courts
a) The courts power boosted under the 4th Supreme Court judge john marshal when he authored his opinion on Marbury vs Madison
I) established the power of judicial review, the power to declare congress. It was declared invalid because they conflicted with the constitution
II)
b)
c) The Supreme Court also exercises judicial review over state laws and executive actions. The courts hold actions of coordinate branches of the federal government.
3) Hamilton anticipated the power of judicial review and discussed it in Federalist No. 78. With this, he sought to minimize the people's fear of judicial review and also pointed out that there is the power to impeach and constitutionally amend
Organization of the court system
1) The state courts
a) Each state (and the District of Columbia) has its own court system and no two are alike
b) State courts coexist with federal court systems and indiciduals fall under the jurisdiction of both. Under the doctrine of dual sovereignty, state and federal courts can prosecute the same person for the same bad behavior under the state and federal law.
c) State courts handle and receive the vast majority of legal disputes
2) The federal courts: they are like pyramids. The Supreme Court is at the apex, the us courts of appeals occupy the middle, and the 94 district courts on the base
How courts work
1) Court fundamentals:
a) Crime is a violation of the public order as defined in the criminal code. The code is legislation that regulates conduct and specifies sanctions for violation
I) government (state and local) maintains order by prosecuting persons for violating the criminal code (criminal cases)
II) Most criminal cases are prosecuted in state courts. Some criminal cases (possession of cocaine) are prosecuted in federal courts
b) Civil cases stem from disputed claims to something value, they involve private disputes (accidents, contracts, divorce) government can be a party to such disputes
c) Few cases ever go to trial most are settled out of court, some are abandoned
d) When a judge decides a case, it is said to be adjudicated
I) to support their decision, they may give their opinion
II) if circumstances are novel, judges may publish their opinions (set precedent and add to the body of common law)
2) The US district courts (original jurisdiction only)
a) There are 94 district courts, each state have at least one (will not hear case on appeal, 1st time cases only)
b) Heard by single judge depending on the case there may or may not be a jury
c) District courts cover criminal cases, civil case which national government is a party, civil case between citizens of different states provided amount disputed exceeds $50,000
3) if a person is unhappy with the court decision they may have the option to have it appealed. Cases litigated beyond the federal district courts usually go to one of the regional appeals court known as US court of appeals
a) 13 courts, 12 cover cases from geographic areas called circuits
b) Judges on these courts sit on panels of three. They aim at correcting errors in lower courts and making policy through opinions they write.
I) their opinion gives judges influence beyond the immediate case
a) Precedent
b) Stare decisis which means “let the decision stand”. Its decision making according to a precedent rather than some other rule
2) Judicial policy making occurs:
a) When judges interpret prior judicial decisions (known as common law or judge made laws)
b) When judges interpret legislations (known as statutory constitution)
c) Judges interpret constitution (judicial review)
c) the 13 circuits of courts of appeals do not have to consult with each other about application of law. They are made in variance in their interpretation. Such conflicts are corrected by review at the