Judiciary POLS 1101 096
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This 10 page Class Notes was uploaded by Aashika Kushwaha on Thursday October 22, 2015. The Class Notes belongs to POLS 1101 096 at University of Texas at Dallas taught by Dr. Iliyan Rumenov Iliev in Summer 2015. Since its upload, it has received 29 views. For similar materials see American National Government and Politics in Political Science at University of Texas at Dallas.
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Date Created: 10/22/15
Judiciary Article III section 1 0 Power vested in SCOTUS and inferior courts rest of fed courts district courts appellete coursts not inferior to state court just inferior to SCOTUS It is up to Congress to create the rest of the other federal courts NOT CREATED BY CONSTITUTION Courts are their for life 0 Appointed for life once a fed judge you stay until you die or quit on your own 0 C COnsittuiotna basis for courts 0 Constitution only crates the Supreme court established by Congress 0 Congress can create quotinferiorquot courts 0 ex District and Appeals courts bankruptcy court etc pyramid structure courts are a primary ex of federalism courts axis at both levels and enforce the same laws other the nation courts stand I n a pyramid structure 0 less cases heard by a court the more important it is Court s powers The SCOTUS and lower courts as well as state courts exist to settles cases or controversies nature of legal process is adversarial plaintiffs and defendants must have opposite interests Disputes must consist of a matter of fact witness testimony ngerprints proof etc o Disputes matter of law or interpretation or merit matter of law Dealing with infringement of Civil rights Matter of interpretation of law or constitution Freedom of speech samesex marriage divorce etc most common Courts exercise power over different jurisdictions or areas of law TX court has no jurisdiction of civil cases in Oklahoma 0 Legal interpretations proved and settle con icts btw laws clarify meaning of law and con icts What do Courts do 0 Over 80 million cases In courts each year 0 Number of cases has little connection with importance 0 f court SCOTUS only has 6000 cases sent to them each year only about 150200 cases are actually heard 23 Takes appeals to get to SCOTUS level They pick and choose the cases that seem the most important This is only a fraction of a very large and growing number of cases They don t have that many judges as cases Don t have time Federal courts hear app 280000300000 cases per year About 40000 cases are heard at Federal Appeal courts Courts hear cases based on jurisdiction Original jurisdiction the power to hear a case for the rst time Bankruptcy courts can only hear bankruptcy cases Appellate jurisdiction that power to review a lower courts decision Basis for decisions Varies based on the court State original jurisdictions criminal cases use guilt or innocence standard is a quotproof beyond a reasonable doubtquot civil cases standard is a quotpreponderance of the evidencequot do you have enough evidence for a case Appeals based on what kind of case it is to be sent to designate courts versus Federal Court State courts decide matters of STATE law Federal courts deal with FEDERAL law or con icts in STATE and FEDERAL law courts Criminal courts penal law Domestic courts family law adoption divorce Civil courts hear civil cases Appeals courts matters of appeal not matter of fact State Supreme Courts matters of appeal from state appellate courts nal appeal before sent to upper courts out of state Court Systems Selection of judges for state courts varied varied by how states dedde IN some cases judges are elected other areas appointed Election on partisan ballot 7 states based on political party Nonpartisan election 15 states elect me if I have been good or don t elect me but I represent your party tougher with their decisions based on how close they are to reelection Tougher closer to reelection act like politicians to show that they are enforcing the law Following the rules ALWAYS KEEP REELECTION IN MIND Caught a horrible criminal I did my job to keep everyone safe Can get campaign contributions if ppl think the judge is doing a good job is necessary for reelection a lot of The lawyer contributed to the judge for their campaign if so the judge may be more lenient for the lawyer s vote 0 Missouri Plan merit plan a nonpartisan commission reviews candidates for judicial vacancy 16 states Appointments by governor with collegial body 10 states Elected by state legislature 2 states Missouri System 0 judges are rst appointed by either states legislature 0 Governor The goal is tat the legislature or Governor will use a merit based process to ll judicial positions 0 judges serve speci ed term normally 2 or 3 years 0 judges then stand for retention vote voters merely vote for or against them no one stands against them on the ballot judges then serve a longer term Membership on State Courts 0 States may utilize some combination of elections or appointments to the bench Removal procedures differ by statesome impeach otherjust don t reelect Texas Courts compex court system all judges are elected Subject to voter quotpunishmentquot less freedom to make unpopular decisions risk losing of ce if voters disagree with their legal interpretations Less mix of parties overlapping courts some courts do jobs of others multiple layers of constitutional and statutory courts court system is bifurcated two courts of nal appeal complexity is increased by having overlapping jurisdiction courts of record and not of record do novo appeals not a simple distinguish which court will be used next low courts cant do more than give you a ne no clearjurisdiction Two supreme courts Requirements of being a judge in TX 0 Don t need to have a law degree 0 Just need to be voted for by lower level courts not based on rules in the Constitutions Federal Court System role of Congress Determines the structure of the federal judiciary Establishes the number of federal judges btw 6 and 10 Roosevelt wanted 15 Determines the jurisdictions of lower courts geographic jurisdiction judges could be in charge of different districts can tell court to change what kind of cases they deal with Determines budget of judges salaries for judges 94 courts Federal Courts District courts hear federal criminal and civil cases Specialized Federal Courts congressional or legislative courtsTax court Patent court Miitary Courts Appellate Courts appeals from lower courts federal agency rangs Supreme Court appeals from state Supreme Federal judges Appointments as limited patronage Selected by president Judges for life Senatorial courtesy president consults senior U S senators to ask for advice on if a person should be appointed as a judge quotAdvice and consent of the Senatequot Approved by Congress Life tenure of federal judges except for specialized courts Pensions salary can not be lower only raised Senior status decisions apply to other courts Judges can be impeached for several reasons House brings impeachment charges Senate must convict 23 vote Federal Court System US District Courts major trial courts mainly cases under federal law US Court of Appeals circuit courts intermediate appellate courts SCOTUS has limited jurisdictions Court of Appeals is the nal arbiter of most disputes in fed system Twelve circuits fed judicial districts PLUS federal circuit that grants appeals from specialized federal courts tax court bankruptcy courts etc The Court of Appeals for the D C Circuit hears appeals or speci c agencies SCOTUS jurisdiction Mainly hears appeals Has original jurisdiction on a small set of items cases heard for the very rst time Cases involving foreign ambassadors or diplomats Cases with a state as a party or one state suing another ex Ellis Island dispute is Ellis Island in NT or Njabout tax dollars coming from tourists who gets the money from the tourists Congress cannot expand the jurisdiction of the SOCTUS MARBURY VS MADISON 1803 limited what president can do Cannot change how many cases SCOTUS can hear SCOTUS was limiting Congress what they could do Very few cases get through to SCOTUS level US Appellate and SCOTUS have the power to determine what case they will hear out of all of the 6000 that are sent to them excluding cases that have to do with Determination of their own discretions SCOTUS has control over its own jurisdiction outside of those cases it must hear under original jurisdiction how they should pick and choose cases It is their choice which case will have the biggest impact on the judicial system 0 Court can make law and make policy on its own Their decisions are always nal EX Samesex marriage case 0 Can decide what kind of cases they want to hear criminal defendant rights Miranda rights 1960519705 SCOTUS o Appellate jurisdiction writ of certiorari review at the court s discretion 0 State of federal cases 0 Court out of nine judges nee to grant cert say a case is important and should be reviewed 0 Appointed for life William Howard Taft served as President and SCOTUS justice Current SCOTUS Note how anonymous the Court can be 0 Left Ginsburg Breyer Sotomayor Kagan 0 Center Kennedy 0 Right Roberts Chiefjustice Alito Scalia Thomas 0 They are anonymous so that s why we don t really hear about them It is important for the to be away from the public eye Con ict btw the Congress and President 0 Nixon appointments Carwell and Haynsworth The reshaping of the Court by Reagan and the Bushes appointed 7 of 9 0 Effects on federal bench Disappointments and legacies of Court appointments Power of the Courts 0 Power and areas of decisions for fed courts the use of constitutional situations to make law 0 Preservation of defendant s rights Suits against the Gov or departments of the gov Clashes btw the branches of the gov political questions doctrine brings up cases such as if president powers should be limited more or not Con icts among citizens interstate con icts constitutional violations applications of federal law state law con icting with fed law Ex Federal discrimination cases Cases and Controversies What are the thresholds for SCOTUS What cases receive a hea ng MUST BE A TRUE CASE OF CONTROVERSY The court gets to choose most states had gay marriage and others didn t like it Adverseness he case must have opposing interests on each side The case cannot make their own opinions make decision based on judicial system STANDING OT SUE parties must show a standing can t sue about gay marriage unless there is a serious problem NO ABSTRACT OR HYPOTHETICAL INJURIES cant sue just because you aren t happy MOOTNESS the case cannot be moot Results of the case must have an actual effect on the states of the country if some states allow gay marriage and others do not and it is causing a problem must have direct effect on the people RIPENES matter cannot be brought too early The parties to the case must how that they have looked to other venues for resolution SCOTUS decides when a case needs to be heard Cases and Controversies Must be a case that ppl are debating about nationwide Case must have opposing sides Adverseness Standing to sue there has to be one side that was actually injured not hypothetical not someone that is just upset about a law Mootness the case must have a signi cant effect on the society Ex Samesex marriage if all states had already allowed it then there wouldn t be a case Ripeness case must be made at the right time Sometimes society isn t ready for that case yet SCOTUS decides Has Congress done something about it before Is society ready How does the court work to do these things Establishment of precedent rulings that lower courts apply in future cases Brown vs Board Statutory interpretations 9is bureaucracy implementing the law Common law interpretations interpretations from differct parts of law judicial Review Marbury v Madison 1803 The court lacks the explicitly states power of judicial review the power to interpret the Constitution and federal law The Court however asserts this as a basic implied power for making judicial decision in most of its cases don t have to ask to make a decision Marbury vs Madison Marbury emerges as a matter of political dispute Marbury had been appointed Justice of the Peace in the District of Columbia by Pres John Adams Marbury petitioned the SCOTUS to force the Sec of state James Madison to deliver the documents Marbury sues to get his commission which had been up to Jefferson and Madison Commission from Federalist administration of Adams Marbury les for writ of mandamus judicial remedy for SCOTUS John Marshall that Jefferson would not comply with the order Marshall nessed the issue Court lacks the power to force president to do anything Court s original jurisdiction cannot be expanded to offer writ under the Judiciary Act of 1789 gave Court more power approved by Congress Court did not compel Madison to hand over Marbury s commission Court provision ofJudiciary Act of Supreme Court is unconstitutional Congress doesn t have power to give us jurisdiction This assertion established Court s power to judicial review in federal matters Marshall created the foundation of the court s power ex No one is questioning Court s nal decision about samesex marriage because they have asserted their own jurisdiction Marbury Marshall declared that Madison should have delivered the commission to Marbury Decision did not force political actors to do anything Only required that eh Court refuse to act on Marbury s behalf of Jefferson Marshall opened door of court JUDICIAL REVIEW can decide if law is appropriate or not Eras of the Court Trends in judicial activism as represented by the use ofjudicial review coincide with three distinct quotissue erasquot in the Court historyquot Nation vs state authority Gov regulation of the economy Civi Rights and liberties from the gov rights that gov can take away Nation v State 0 regulation laws didn t attempt to get public support shield the business from economic intervention shield Laissez faire before the Great Depression Lochner v New York Court restricting amount of work hours struck down private companies can set their own working hours Upheld Oregon statue limiting workday of female workers 0 After the crash of 19529 State and fed gov were dealing with economic reforms aissez faire court forced to regulate the economy 0 FDR New Deal Packed the SCOTUS with people that supported him quotpack the courtquot started allowing more gov regulations 0 The third era ofjudicial review 1950 s and 60 s 0 During this period the Court s main object was relationship between the individual and the gov The rise of civil rights proposals SCOTUS Why does the court make different decisions 0 Court decides when they want do it o 4 members must agree SCOTUS CASES 0 Standing to sue individual injury must exist Adverseness must be con ict timing determined by SCOTUS case might not be moved THE COURT SETS TS OWN AGENDA Note that the implications of this in the content of the agenda setting material we have covered 0 Opinions of SCOTUS Assignment of the opinion by Chief justice or senior associate justice Brown vs board Court s operation is as much tradition as legal practice Litte might change matter Courts are political Courts make public policy and determine disputes in partisan fashion judicial is impartial more than the policy maker Court makes laws often samesex marriage looking at public opinions ldeology involved in court law making Judicial courts are passive they need to wait for a a case to get to them before they make a law or policy Courts are not policy experts they may lack policy expertise Add to this the complications of the federal rules of evidence Internet porn case as an example make bad law truism may be biased Noncompliance issues courts lack ability to enforce the decision they must wait for someone to enforce them after they create their decisions We follow these rules out of respect although once they make a decision it takes awhile for everyone to hear about it and to start to follow it People tend to comply out of respect and defer in many cases President is also another major factor