SoP supreme court

• • justices are not guided by political party but rather by their own unique and developed interpretation
• judicial review: power of the judicial branch to review the actions of the executive and legislative branches when inconsistent with constitution

  • undemocratic
• how decisions are reached in judicial review

  • focusing on plain text, original intent, and historical context (ex Scalia)
  • Focusing on contemporary issues with an eye to what the constitution means today (ex Breyer)
• interpretative techniques

  • literalism: strict interpretation of the actual words, holding the same meaning across time
  • intent of the framers: interpreting by understanding hat those who wrote the constitution/amendments meant
  • balancing of interests: aware of the consequence and how a case ruling will influence an individual’s relationship with their community
  • precedent (see decisis): judges turn to past cases/court rulings the resemble current case to resolve issue/conflict
• • judicial restraint v judicial activism: willingness of judge to overturn the action of popularly elected officials
  • practiced by both conservative and liberal justices
  • only used when there is a clear conflict between law and constitution
• Federal judiciary

  • Article III of the constitution established that the judicial power shall be vested in one supreme court
  • types of cases or controversies that could be considered by the federal court by its jurisdictional authorization
• Fed 78 talks about the power of judicial review

  • judiciary is the least dangerous
• Judiciary act of 1789

  • established three layers of the federal court system
  • thirteen district courts (one judge per district)
  • three circuit courts (each consisting of two Supreme Court justices and one district judge) in separate regions of the country
  • single supreme court (composed of one chief justice and five associate justices)
• important provisions added in the Judiciary act of 1789

  • added the power to issue writs of mandamus to the Supreme Court's original and appellate jurisdiction (if a citizen wanted a court to issue an order to a public official commanding the performance of some specific task, he goes directly to the Supreme court)
  • writ of mandamus: to command or mandate to force someone to do something
  • US Supreme Court would have appellate jurisdiction over decisions by state courts (either overturned a federal law or treaty or upheld a state law alleged to violate the constitution/federal laws/treaties)
• Jurisdiction of federal courts involves the authority to hear a case or controversy with the proper parties and when the point is to be decided is among the issues that these courts are authorized to consider.
• cases can be considered because

  • of their subject matter
  • of the nature of the parties involved
• original jurisdiction: the authority to be the first court to hear and decide a case

  • cases affecting ambassadors, public ministers, and consuls
  • cases to which a state is a party
• appellate jurisdiction: power of federal courts to review and correct errors of law

  • no jury
  • cases falling under the jurisdiction of the lower federal courts
• types of federal courts:

  • legislative courts: providing technical expertise on specialized subjects
  • U.S. Tax Court, U.S. Court of Veteran's appeals, etc
  • lifetime terms
  • constitutional courts: established by Congress under Article III
  • federal district courts, courts of appeal, and U.S. Supreme Court
• US District Courts

  • created after the ratification of the Judiciary Act of 1789
  • 89 district courts in 50 states, (each state 1 district court; four district courts for more populous states) + district of columbia + Guam + Puerto Rico + Northern Mariana Islands + Virgin Islands
  • only exercise original jurisdiction
• US Courts of appeal

  • the Judiciary Act of 1789 created three circuit courts of appeal
  • incovenient
  • so in 1891 Congress created an intermediate appellate level, dividing the country into 11 numbered circuits and one in Washington DC
  • US Court of Appeals for the Federal Circuit (1982)
  • appeals about foreign trade, monetary claims against gov, trademarks, patent disputes
• US supreme court

  • 1 chief justice + 8 associate justices chosen by president and confirmed by Senate
  • exercises both original and appellate jurisdiction
  • Congress governs the appellate jurisdiction over cases coming from lower federal courts and "federal question" cases (originating in state courts)
  • certiorari cases: under the court's discretionary jurisdiction (justices can decline the case)
  • appeal cases customarily fall into the Court's mandatory appellate jurisdiction (must be heard by congress)
• • majority opinion: statement about main rationale for the Court deciding as it does in the case
  • concurring opinion: written when a justice agrees with the majority but differs with some of its reasoning
  • dissenting opinion: written when disagreement with the Court's entire holding
• Judiciary review

  • Article III establishes SCOTUS, original jurisdiction, and appellate jurisdiction (Congress has power over appellate)
  • came from Madison v Marbury
• Courts

  US district courts -> courts of appeals -> U.S. Supreme Court
• 2nd Judiciary Act (1801)

  • 1800 election federalists vs democratic republicans
  • adam Attempts to “pack” the courts with federalists
  • midnight judges
  • Creates office to which auburn was appointed and several others
• Marbury V Madison (1803) background

  • Marbury v madison
  • laws in question
  • judiciary act of 1789- writs of mandamus & original jurisdiction- law challenged in this case
  • judiciary act of 1801 creates Marbury’s job
  • Marshall uses this to create judicial review
• Marbury V Madison

  • Marbury had a right to the commission
  • rebukes Jefferson for not delivering the mail giving Marbury’s job
  • can’t use the writ of mandamus in the supreme court
  • because congress only regulates appellate jurisdiction
  • writ of mandamus is unconstitutional?
  • Marshall says that the courts have to interpret the law
  • court>
• • Madison wins the battle loses the war
  • Marbury loses (doesn’t get his job)
  • Marshall loses the battle; but wins the war (judicial review)
• Cases reviewed classifications

  • appellate dock:
• Legacy of judicial review

  • becomes vilified in some cases
  • Dred Scott, Plessy v. Ferguson
  • When making mistakes, they use the powers of the constitution to overcome those mistakes instead of undermining the courts
• selection processes: a political process

  • nominated by president, confirmed by senate
  • senatorial courtesy
  • it has become more polarized
  • starts w/ failed conformation of Bork, begins to escalate with confirmation Thomas
  • death of Justice Antonin Scalia and the ramifications for the Supreme Court