Interest Groups: Types and Goals

• Federal Courts lesson summary

The Constitution and The Judiciary

• Article III creates the federal judiciary, including the Supreme Court
• Congress sets up lower courts
• Federal courts have jurisdiction over cases arising under the Constitution, federal laws, treaties, disputes between states, and more
• Judges maintain positions during good behavior, receiving secure compensation which protects them from political pressures
• Courts can only decide actual disputes, ensuring no advisory opinions are issued

The Power of Judicial Review

• Judicial Review determines the constitutionality of actions by other government branches and states, rendering actions null and void if unconstitutional
• In 1803, the Supreme Court claimed the power of Judicial Review, extending this power to all lower federal and state courts

The U.S. Court System

• Before the Constitution, only state courts existed
• The U.S. has a dual court system with separate federal and state courts
• The Supreme Court serves as the final court of appeal in all cases
• The U.S. court system operates as a hierarchy
• Losing parties can appeal to higher courts, moving from circuit courts to the U.S. Supreme Court if the justices agree
• Precedents are guidelines from earlier cases, particularly from the Supreme Court, that shape how the courts operate

Federal District Courts

• Federal District Courts hear cases about federal laws, the Constitution, Congress, and other federal issues, handling both criminal and civil cases
• There are 94 U.S. Federal District Courts, with every state having at least one, and larger states having up to four
• Evidence and witnesses are presented and questioned by both sides
• In criminal cases, the government is represented by a U.S. Attorney, appointed by the President with Senate approval, for each district
• Juries decides the final verdict

Circuit Courts of Appeals

• Circuit Courts review appeals from federal district courts, focusing on legal reasoning rather than re-examining facts
• Cases are heard in the circuit where the district court was originally located
• Lawyers use briefs and oral arguments, and no new evidence or witnesses are introduced
• A rotating panel of 3 judges makes the decision
• En banc reviews, involving all judges, adds extra credibility
• The courts are arranged in 12 circuits, plus a 13th circuit court handling specialized issues like patents and copyrights

The U.S. Supreme Court

• Cases reach the Supreme Court from either the circuit courts (U.S. Courts of Appeals) or state supreme courts
• Parties appeal by petitioning the court for writs of certiorari, an order for the Supreme Court to review lower court records -The Supreme Court hears fewer than 100 cases annually, which accounts for less than 2% of cases petitioned
• The Rule of Four states that it takes 4 of 9 justices to agree to hear a case
• After the court accepts a case, each party submits written arguments known as briefs
• Those not directly involved can submit amicus curiae briefs
• Each party has 30 minutes to present oral arguments and answer questions from the Justices
• Oral arguments are open to the public, but cameras are not allowed
• The Solicitor General argues the government's position when the United States is a party in a case
• Justices discuss cases in a closed conference and take an initial vote, which helps determine precedent and how laws are applied now and in the future
• A tie results in the lower court's decision standing
• The reasoning for the decision is written as the majority opinion, with more than half the nine justices agreeing
• Justices who agree with the majority but for a different reason may write a concurring opinion
• Justices disagreeing with the majority may write a dissenting opinion

The Selection of Federal Judges/Justices

• Federal judges and Supreme Court Justices are nominated by the President and require a Senate majority vote to be confirmed
• The president typically consults a list from the American Bar Association for recommendations
• U.S. Constitution does not establish any requirements for federal judges

Senate Confirmation

• The Senate Judiciary Committee questions nominees extensively before the Senate vote
• Senators assess nominees’ judicial views
• Originalists favor interpreting the Constitution strictly, limiting federal power and protecting states' rights
• Living Constitutionalists prefer a flexible interpretation that allows federal government to adapt to changing times

Contentious Confirmations

• In March 2016, President Barack Obama nominated Merrick Garland to replace Justice Antonin Scalia after his death
• Senate Majority Leader Mitch McConnell blocked Garland's nomination
• McConnell's decision paid off when the Senate confirmed Neil Gorsuch in 2017 after Trump was inaugurated
• Republicans deployed the "nuclear option" to prevent Democrats from filibustering Gorsuch's approval

Recent Contentious Confirmations

• In 2018, Trump appointed Brett Kavanaugh to the Supreme Court
• Christine Blasey Ford accused Kavanaugh of assault during his confirmation hearings, leading to an FBI investigation
• Kavanaugh was later confirmed by the Senate

The Current Supreme Court

• Congress determines number of justices on Supreme Court
• The original court in 1789 had six justices
• The Supreme Court has had 9 justices since 1869
• Current Justices:
  • Chief Justice John G. Roberts
  • Associate Justice Clarence Thomas
  • Associate Justice Samuel A. Alito
  • Associate Justice Sonia Sotomayor
  • Associate Justice Elena Kagan
  • Associate Justice Neil M. Gorsuch
  • Associate Justice Brett M. Kavanaugh
  • Associate Justice Amy Coney Barrett
  • Associate Justice Ketanji Brown Jackson

The Bicameral Legislature

• The Senate has 100 members, with equal representation per state. Senators serve 6-year terms, and 1/3 of senators are elected every 2 years, representing state interests
• The House has 435 members, with proportional representation. Representatives serve 4-year terms, and all members are elected every 2 years, therefore representing district interests

Congressional Districts

• The Permanent Apportionment Act of 1929 permanently set the number of representatives at 435
• Reapportionment is the process of reallocating all 435 House seats based on population
• Following the 2020 Census, Texas gained representatives, bringing their total to 38
• Redistricting is the process of dividing states into congressional districts, which is left up to the states
• Each district must have approximately the same number of people
• In Texas, 25 out of the 38 districts have a Republican representative

119th Congress

• The Senate has 53 Democrats, 45 Republicans, and 2 Independents
• The Vice President casts votes in case of a tie in the Senate, otherwise, the President Pro Tempore presides
• At the start of each Congressional Session, party leaders are elected by a majority vote via a caucus
• The Majority Leader holds ultimate power and acts as the party's spokesperson, making key decisions on legislation and committee membership
• John Thune is the current Senate Majority Leader
• The House has 215 Democrats and 218 Republicans, and a total of two vacancies
• The House votes on the position of Speaker who serves the institutional role of presiding officer, administrative head, and leader of the House majority party every two years
• The Speaker assigns bills to committees and decides when a bill will be presented for a vote
• Mike Johnson is the current Speaker of the House

Congressional Committees

• Committees are small groups oriented around policy or procedural issues to divide the work of Congress through specialization
• Committees are in the House and the Senate, and committee membership is determined by the majority party leadership
• Party members without good relationships with party leadership may not get their desired committee assignments

Types of Committees

• Standing Committees: Permanent committees responsible for particular policy areas
• House Rules Committee: Determines how and when a debate on a bill will take place
• Select (special) Committees: Appointed to deal with specific issues not suited to standing committees
• Joint Committees: Made up of members from both the House and Senate
• Conference Committee: Formed to reconcile differences in House and Senate versions of a bill

Roles of Congress

• Congressional Oversight: Refers to Congress's efforts, through committees, to monitor agency rule-making, enforcement, and implementation of congressional policies
  • 2024 - House Committees are trying to investigate Hunter and Joe Biden for illegal business dealings
  • 2021 - Congressional Committees investigated the events of the January 6 attack on the Capitol
  • 2018 - Mark Zuckerberg testified before committees regarding social media and privacy concerns
• Impeachment: A formal charge by the House on the President (or other members of the executive branch) for "treason, bribery, or other high crimes, misdemeanors," which may result in removal from office
  • The House votes to impeach
  • The Senate votes to convict/acquit
  • Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump in 2019 were formerly impeached; Nixon resigned before a full House vote on impeachment in 1974