Transcript U.S. Government

American Government
M1138 (Calda)
Unit 6: Judiciary
American Studies IMS
Charles U, Prague
http://kas.fsv.cuni.cz
http://tucnak.fsv.cuni.cz/~calda
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Judiciary in the U.S. Constitution, Article III (1)
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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, both 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.
Section 2-- 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 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.
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Judiciary in the U.S. Constitution, Article III (2)
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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...
Section 3-- 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.
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Marbury vs. Madison: Judicial Review
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(Feb. 24, 1803), U.S. Supreme Court decision, the first instance in which the high
court declared an act of Congress unconstitutional, thus establishing the doctrine of
judicial review.
The Supreme Court's conflict with President Jefferson and the Republican
Congress after Secretary of State Madison, on Jefferson's orders, withheld from
William Marbury the commission of his appointment (March 2, 1801), by former
President Adams, as justice of the peace in the District of Columbia.
Marbury--one of the "midnight appointments" requested the Supreme Court to issue
a writ of mandamus /command in writing/ compelling Madison to deliver his
commission.
In denying his request, the Court held that it lacked jurisdiction because Section 13
of the Judiciary Act passed by Congress in 1789, which authorized the Court to
issue such a writ, was unconstitutional and thus invalid.
Chief Justice Marshall declared that in any such conflict between the Constitution
and a law passed by Congress, the Constitution must always take precedence.
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Judicial Review
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the power of the federal courts to declare federal, state, and local laws invalid if
they violate the Constitution
The supremacy of federal laws or treaties when they conflict with state and local
laws
The role of the Supreme Court as the final authority on the meaning of the
Constitution
Alexander Hamilton: the judiciary would be the weakest of the three branches of
government because it lacked „the strength of the sword or the purse“ (Federalist
78)
The judiciary has „neither FORCE nor WILL, but only judgment“.
Life tenure frees the judiciary from executive and legislative control.
checks on the Supreme Court: constitutional amendments, impeachment.
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System of Courts in the U.S.
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Federal:
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U.S. district courts; 94 of them, the total of around 600 judges -- 280 000 cases p.a.>
U.S. courts of appeals, 13 of them -- 36,000 cases >
U.S. Supreme Court -- receives ca. 4200 petitions and appeals, issues approx. 140 signed
opinions, plus approx. 10 cases of original jurisdiction, since 1839 NINE judges, 17891999: the total of 108 Supreme Ourt judges
State:
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State Trial Courts (27,000,000 cases) >
State Intermediate Appellate Courts (130,000 cases) >
State Courts of Last Resort (60,000 cases) > U.S. Supreme Court
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Six most important Supreme Court cases
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Marbury v. Madison (1803)(see above)
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Dred Scott v. Sanford (1857) The decision argued that Scott was a slave and as such was not a
citizen and could not sue in a federal court.. Congress had no power to exclude slavery from the
territories and that Negroes could not become citizens The Dred Scott decision became a violent
issue in national politics and undermined the prestige of the Supreme Court.
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Plessy v. Ferguson (1896); „separate but equal“
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Brown v. Board of Education, Topeka, Kansas (1954) end of segregation in public schools
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Roe v. Wade (1973) woman´s right to abortion at the beginning of pregnancy
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Regents of the University of California v. Bakke (1978), U.S. Supreme Court ruled (5-4) that fixed
quotas may not be set for places for minority applicants if white applicants are denied a chance
to compete for those places. While outlawing such quota programs, the court, however, also
maintained that professional schools may consider race as a factor in making decisions on
admissions
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Input of Cases
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Where do the Supreme Court cases come from?
-- original jurisdiction, eg disputes between states
-- appellate jurisdiction
2 preconditions:
(a) the case must go thru lower stages, litigants cannot „jump“ at will from state to
federal
(b) the case must raise a federal question
Supreme Court´s docket (agenda, a list of things to be done); the Court selects
about 170 cases for consideration.
rule of four: review is not granted unless four or more justices agree that a case
warrants consideration
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Terms and Concepts:
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opinion writing
the chief justice
judicial restraint v. judicial activism
judicial restraint: legislators, not judges, should make the laws; judic. restraint
supporters usually conservative, valuing order over freedom and freedom over
equality
judicial activism: judges should promote desirable social goals, usually prefering
equality to freedom, freedom to order
class action suits: assembling the claims or defenses of similarly situated
individuals tried so that they can be tried as a single lawsuit (enables people with
limited financial resources to succeed)
litigious character of American society)
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U.S. Supreme Court & Politics
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FDR: packing the Court?
conservative presidents tend to nominate conservative judges
liberal presidents tend to nominate liberal judges
Reagan: Bork (1987)
Bush: Thomas (1991)
Supreme Court a part of the system of government
Supreme Court at present:
4 liberal/moderate members: John Paul Stevens, David Souter, Ruth Bader
Ginsburg, Stephen Breyer
2 “swing votes”: Sandra Day O´Connor, Anthony Kennedy
3 conservatives: William Rehnquist, Anthony Scalia, Clarence Thomas
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Sources of American Law
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Constitution
Statutes and Administrative Regulations
Case Law - practice of deciding new cases with reference to former decisions,
according to a precedent,
The body of judge-made law: the common law
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Web Resources
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US Supreme Court: http://www.supremecourtus.gov
Federal Judiciary Homepage: http://www.uscourts.gov
FindLaw: http://www.findlaw.com/
Federal Judicial Center: http://www.fjc.gov/
The Oyez [:Hear”:] Project: http://oyez.nwu.edu/
http://www.igs.berkeley.edu/library/gallery.html
supct.law.cornell.edu/supct/ (searchable index to Supreme Court opinions)
www.halt.org (An Organization of Americans for Legal Reform)
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