GOV 141: Federal Courts

Marbury v. Madison
 1801: President John Adams is set to
leave office after losing to Thomas
Jefferson.
 Appoints a number of Judges and
Justice’s of the Peace in final days of
office, including William Marbury.
 When Jefferson takes over he refuses
to go through w/ appmt and orders
James Madison to void it.
 Marbury v. Madison
 William Marbury sues James Madison,
Sec. of State, to enforce appmt.
 Enter new Chief Justice of the U.S.
Supreme Court, John Marshall.
 Marshall feared Jefferson would not
enforce a decision that ran against
TJ.
 Marbury had asked the court to order
TJ to seat Mabury. Said Congress
gave them authority to do so.
 Marbury v. Madison
 The crux of the case:
 Could Congress give the Supreme Court
jurisdiction over cases beyond that
given by the original constitution?
 Marbury v. Madison
 Holding of the Case:
 Part of Judiciary Act of 1789
unconstitutional to the extent it purports
to enlarge the original jurisdiction of the
Supreme Court beyond that permitted
by the Constitution. Congress cannot
pass laws that are contrary to the
Constitution, and it is the role of the
Federal courts to interpret what the
Constitution permits
 Marbury v. Madison
 Bottom Line: Established that the
Court had Judicial Review over
federal statutes and the final say so
on what the constitution says/doesn’t
say and allows/doesn’t allow.
 Article III, Section 1
 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.
 The Judges… of the supreme and inferior
Courts, shall hold their Offices during good
Behaviour, and shall, at stated Times,
receive for their Services a Compensation,
which shall not be diminished during their
Continuance in Office.
 Article III, Section II
 The judicial Power shall extend to all Cases, in
Law and Equity, arising under this Constitution,
the Laws of the United States, and Treaties made,
or which shall be made, under their Authority;--to
all Cases affecting Ambassadors, other public
Ministers and Consuls;--to all Cases of admiralty
and maritime Jurisdiction;--to Controversies to
which the United States shall be a Party;--to
Controversies between two or more States;--
between a State and Citizens of another State;--
between Citizens of different States;--between
Citizens of the same State claiming Lands under
Grants of different States, and between a State,
or the Citizens thereof, and foreign States,
Citizens or Subjects.
Article III, Section II (continued)
 In all Cases affecting Ambassadors, other public
Ministers and Consuls, and those in which a State
shall be Party, the supreme Court shall have
original Jurisdiction. In all the other Cases before
mentioned, the supreme Court shall have
appellate Jurisdiction, both as to Law and Fact,
with such Exceptions, and under such Regulations
as the Congress shall make.
 The Trial of all Crimes, except in Cases of
Impeachment, shall be by Jury; and such Trial
shall be held in the State where the said Crimes
shall have been committed; but when not
committed within any State, the Trial shall be at
such Place or Places as the Congress may by Law
have directed.
 Article III, Section III
 Treason against the United States, shall
consist only in levying War against them,
or in adhering to their Enemies, giving
them Aid and Comfort. No Person shall be
convicted of Treason unless on the
Testimony of two Witnesses to the same
overt Act, or on Confession in open Court.
 The Congress shall have Power to declare
the Punishment of Treason, but no
Attainder of Treason shall work Corruption
of Blood, or Forfeiture except during the
Life of the Person attainted.
 Judicial Review
 The power of the Supreme Court to
declare actions of other branches
and levels of government
unconstitutional… that is contrary to
the U.S. constitution.
 Original Jurisdiction
 Power of a court to take the first
crack at a case… to be the first to
hear a particular type of case.
Judicial Review and Democracy
Who does it benefit?
 Judicial Review
 Protects minorities
 Ensures powerful governments can’t
roll over people.
 A very “republican” institution
 Constitutional Courts
 Article III Courts
 Legislative Courts
 Highly specialized courts created
pursuant to Article I of the
Constitution.
 Article I tribunals

 Administrative law courts

 Boards of Contract Appeals
 Board of Patent Appeals and Interferences
 Courts-martial in the U.S. armed forces
 Trademark Trial and Appeal Board
 United States bankruptcy courts
 United States Court of Appeals for the Armed Forces
 United States Court of Appeals for Veterans Claims
 United States Court of Federal Claims
 United States Merit Systems Protection Board
 United States Tax Court
 United States territorial courts
 Supreme Court of the United States
 United States Court of International Trade
 United States courts of appeals
 United States district courts
 United States Foreign Intelligence Surveillance Court (“FISA” court)
 United States Foreign Intelligence Surveillance Court of Review
 U.S. District Courts
 94 in America
 Court of original jurisdiction for most
federal controversies
 Grand Juries: Indict
 Petit or trial juries: hear the cases
 Can only hear cases where party has
standing and there must be actual
controversy.
 Courts render verdicts
 U.S. Courts of Appeal
 13 U.S. Circuits including D.C.
 For Kentucky, the 6th Circuit based in
Cincinnati
 Court of Appeals courts are appellate
courts, that is they hear cases that have
been appealed from previous courts.
 Courts review, principally, for errors of law.
Briefs are the crucial tool for lawyers to
make their case followed by oral
arguments.
 Courts render opinions based largely on
precedents
 Precedent
 A previous case whose legal issues
were similar to the one/ones at hand.
Such cases’ verdicts/opinions are
intended to be instructive to the
courts. While the Court doesn’t have
to follow every precedent most are
considered important.
 Supreme Court
 Usually the appellate court of final
jurisdiction.
 See graphic on page 427.
 Stare Decisis
 Phonetically: stair-ee di-sahy-sis
 Legal doctrine that holds precedents
should guide judicial decision
making.
 Why Stare Decisis
 Used in Common Law systems rather than
Civil Law systems
 Decision made by a higher court is binding
precedent (also known as mandatory
authority) which a lower court cannot
overturn
 Court should not overturn its own
precedents unless there is a strong reason
to do so and should be guided by
principles from lateral and lower courts.
This is an advisory principle which courts
can and do occasionally ignore
Appointment to the Federal Bench
 District, Circuit, and Supreme Court
appointments require confirmation by U.S.
Senate.
 Lower courts are not AS political and are
often subject to the wishes of more
localized powers… such as a state’s
highest ranking R or D, depending on
who’s President.
 Senatorial Courtesy: Tradition where
state’s Sr. Senator clears federal
appointments within their state.
 In Appeals’ court judgeships tend to be
partitioned out to various states.
Fillibustering Judicial Nominees
 Increasingly common.
 Reflects increased politicization of
courts.
 Supreme Court in Action
 Plaintiff or Defendant
 Appellant or Appellee/Respondent
 Writ of Cert: Announcement that the
Supremes will hear lower court
case… requires four of nine justices.
 Amicus Curiae: Friends of the court
briefs… non-party’s file.
 Supreme Court in Action
 Majority Opinions: State the opinion
of the majority.
 Concurring Opinions: The opinion of
one or more judges who agree but
for a reason different than the
majority.
 Dissenting Opinion: The opinion of
the judge or judges who disagree
with the outcome and the legal
reasoning of the majority.
GOV 141: The Federal Judiciary
 What Role Should Courts Serve?
 Activist Courts- Often derogatory
term; used to describe courts that
are more willing to find new
“constitutional” rights than
conservatives prefer.
 Courts that interpret the law, not
make law- favorable distinction used
by conservatives to describe courts
they prefer to activist ones.
 Judicial Philosophy
 Textualism: Interpretation of law
based principally on text of laws.
 Originalists- Interpret constitution
according to what the founding
father’s intended.
 Judiciary Politics
 Federalist Society
 American Bar Association (ABA)
 Pro-life groups
 Pro-choice groups
 ACLU (American Civil Liberties Union)
 Eras in Supreme Court History
 National Power and Property Rights:
The initial period the Supreme Court
beginning with John Marshall.
Marshall was a Federalist and a
nationalist. Believed strongly in need
for centralized government. Also
believed in the (related) need for
national commerce. Very protective
of property rights.
 Eras in Supreme Court History
 Government and the Economy: The
U.S. Civil War and Industrial
Revolution brought mass production
corporate economy. Initially the
court took the position that the
corporation, which it determined was
a person, was to be protected
against regulation by governments.
This lasted until FDR’s second term.
Individual Rights and Liberties
Period where courts turned their
focus to the relationships between
individual people and governments.
Court supported desegregation,
created a new right for women to
obtain an abortion, used the 14th
amendment to apply rights
enshrined in the Bill of Rights to the
states.
Conservative, or Rehnquist, Era
 Began with the appointment of Chief
Justice William Rehnquist. Courts
began to reign in federal government
and recognize states’ rights. Stricter
interpretation of the commerce
clause. Found increased use for
sovereign immunity doctrines. Also
the era of Sandra Day O’Connor, the
courts continual swing voter.