Lesson 6 Questions from the Book

Judicial Review

• The Supreme Court in 1803 established the power of judicial review through the case Marbury v. Madison.
• Judicial review is the ability of the courts to check the other branches of government and the states to ensure their actions are constitutional.
• When the courts deem an action unconstitutional, it becomes void.
• Judicial review is a key part of the checks and balances system.
• This power allows the courts to review actions taken by Congress, the President, and state and local governments.
• The power of judicial review is not limited to the Supreme Court but is also exercised by lower federal courts and state courts.

The U.S. Judicial System

• The U.S. court system is primarily composed of state courts which handle a vast majority of cases.
• Federal courts handle a significantly smaller number of cases.
• State courts are responsible for most crimes and criminal activity, including robbery, rape, and murder, as these violations are of state laws.
• State courts also handle civil matters such as personal injury, malpractice, divorce, family, juvenile, probate, contract disputes, and real estate cases.
• Federal courts hear cases involving foreign governments, patent or copyright infringement, Native American rights, maritime law, bankruptcy, or disputes between states.
• Federal courts also have jurisdiction over cases arising from interstate commerce and cases where the United States is a party.
• Diversity of citizenship cases, involving disputes between parties from different states or nations where damages of at least $75,000 are claimed, are heard in federal courts.
• Cases involving the U.S. Constitution or federal law, regardless of whether they are criminal or civil, can be heard in federal courts.
• Criminal violations of federal law, such as assault with a gun, drug trafficking, or bank robbery, are heard in federal courts.
• Civil violations of federal law, such as employment discrimination or securities fraud, are also handled by federal courts.
• Any alleged violation of a liberty protected by the Bill of Rights, such as freedom of speech or protection from cruel and unusual punishment, can be argued before the federal courts.

Federal and State Courts

• State court systems have distinct biases, political cultures, and judge selection methods, which impact case outcomes.
• State judges are elected in some states, potentially influencing decision-making.
• The federal court system has a three-tiered structure: district courts, circuit courts, and Supreme Court.
• The Supreme Court sets precedents that bind lower courts.

District Courts

• There are 94 district courts in the US, including 1 in each state.
• They serve as the trial courts of the federal system.
• Each court is overseen by a single judge.
• Trials may involve juries or be heard by the judge alone.

Circuit Courts

• There are 13 circuit courts, 11 across the nation and 2 in Washington, DC.
• They serve as intermediate appellate courts, reviewing district court rulings.
• Each circuit is overseen by a rotating panel of 3 judges.
• Circuit courts have differing legal and cultural views, potentially affecting outcomes.

Supreme Court

• There are 9 justices on the Supreme Court, including 1 chief justice and 8 associate justices.
• The Supreme Court's decisions are binding on all other courts in the system.
• It plays a vital role in establishing standards of interpretation.

History of the Federal Court system

• District courts were initially established by Congress, with limited jurisdiction.
• Congress expanded their jurisdiction over time, particularly over federal questions.
• The Judicial Code of 1911 made district courts the primary trial courts of the federal system.

Stare Decisis

• The federal court system operates under the principle of stare decisis.
• Stare decisis promotes consistency and stability in law and constitutional interpretation.
• It helps ensure fairness in the administration of justice.
• However, new precedents and rulings can still emerge.
• Court interpretations can change as times and circumstances evolve.

Specialized Federal Courts

• Other specialized federal trial courts exist, such as:
  • Court of International Trade
  • Court of Federal Claims
  • U.S. Tax Court
• Specialized federal appeals courts include:
  • Court of Appeals for the Armed Forces
  • Court of Appeals for Veterans Claims
• Cases from these courts can be appealed to the Supreme Court, though it is rare.

US Supreme Court Appointments

• President Obama appointed Sonia Sotomayor and Elena Kagan in 2009 and 2010 respectively.
• Both justices are considered to have liberal ideologies.
• President Trump appointed Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett in 2017, 2018, and 2020 respectively.
• All three justices are considered to have conservative ideologies.
• The timing of appointments coincided with the political control of the Senate. Democrats controlled the Senate during Obama's term and Republicans controlled the Senate during Trump's term.

US Supreme Court Justices Across History

• Dwight D. Eisenhower nominated Earl Warren as Chief Justice, and later called it a mistake due to Warren's liberal rulings.
• Ronald Reagan nominated Sandra Day O’Connor, who became a champion for women’s rights despite being a Republican appointee.
• George H.W. Bush nominated David Souter, who sided with the Court’s liberal wing.
• Anthony Kennedy, a Reagan appointee, became the Court’s swing vote.
• The nomination of Brett Kavanaugh in 2018 became intensely partisan and fueled debate about the influence of politics in the judicial process.
• The nomination of Harriet Miers by George W. Bush was withdrawn due to criticism from both sides of the political spectrum.
• The Senate confirmed Bush's subsequent nomination of Samuel Alito, who remains on the Court today.

US Supreme Court History and Structure

• The Supreme Court is a one-of-a-kind institution, having its own set of rules for choosing cases, procedures for hearing them, and lasting impacts on constitutional interpretation.
• The original court in 1789 had six justices, but Congress set the number at nine in 1869.
• There is one chief justice and eight associate justices.
• All nine justices serve lifetime terms.
• The court is diverse in terms of gender, religion, ethnicity, and ideology.

US Supreme Court: Key Facts and Figures

• There was discussion of court expansion during Franklin D. Roosevelt's presidency and also during the 2020 presidential election.
• The idea of expanding the court has not materialized.
• The current court is diverse in terms of gender, religion, ethnicity, and ideology.
• Some justices have served for three decades, whereas others were only recently appointed by President Trump.

Judicial Systems and State Variations

• The location of a case can heavily influence how it is judged.
• Each state court system has its own individual biases.
• State court systems are influenced by diverse political cultures and interests.
• Judge selection methods can vary between states, with some electing judges while others appoint them.
• This leads to inconsistent application of the law nationwide.

Federal Judicial System

• The federal judicial system operates on a three-tiered structure: district courts, circuit courts, and the Supreme Court.
• Cases generally start at the district level and can be appealed to the circuit courts and ultimately the Supreme Court.
• Higher court decisions bind lower courts.
• Precedent set by court rulings, particularly by the Supreme Court, influences future court decisions.
• The reliance on precedent contributes to the consistency and logical operation of the federal court system.
• This reliance on precedent enhances the legitimacy of the courts, particularly in the U.S. where federal judges and justices are not elected.

Supreme Court Session

• The Supreme Court session runs from the first Monday in October to late June the following year.
• The Court receives thousands of case requests each year, but only accepts a small percentage.
• The Court typically accepts fewer than 2% of the approximately 10,000 cases it is asked to review annually.
• Case names are written in italics and list the petitioner versus the respondent, e.g., Roe v. Wade.
• The petitioner is the party unhappy with the lower court's decision and is bringing the appeal.
• The petitioner typically requests a writ of certiorari, asking the lower court to send its case record for review.
• A writ of certiorari (cert. for short) is granted when four out of the nine justices vote to accept the case. This is called the Rule of Four.

The Docket and Case Preparation

• Once a case is on the docket, both parties must submit briefs outlining their arguments.
• The petitioner, the party who initiated the case, submits the first brief.
• The respondent, the party who is being sued, responds with their own brief.
• Parties can file additional briefs after the initial submissions.
• Amicus curiae briefs, or "friend of the court" briefs, can be submitted by interested groups and individuals not directly involved in the case.
• Interest groups often file amicus briefs, influencing the Court’s decision before and after a case is accepted.
• The Solicitor General may file an amicus brief on behalf of the government if the US is not a party to the case.

Oral Arguments

• Oral arguments are held from October to April.
• The Court's sessions are ceremonial, with a formal entrance and a traditional chant by the marshal.
• Each side is given 30 minutes to present their case, but justices frequently interrupt with questions.
• Oral arguments are not used to reiterate briefs but to clarify questions.
• The Solicitor General or their assistants typically argue for the US if it is a party to the case.

Private Discussions and Decision-Making

• Private conferences are held twice a week during sessions to discuss cases and petitions.
• Each justice shares their opinion, asks questions, and raises concerns about cases heard in court.
• The Chief Justice speaks first, followed by justices in descending order of seniority.
• An initial vote takes place privately before the official announcement of the decision.

Courtroom Transparency

• Oral arguments are open to the public, but cameras are prohibited in the courtroom.
• The prohibition of cameras is a tradition that has been challenged by groups seeking greater transparency.
• The Court has resisted pressure to allow cameras in the courtroom.

Free Market Economics Limitations

• Some goods are too large or expensive for individuals to provide for themselves, like marketplaces, roads, bridges, water security, and currency regulation.
• Exchange of private goods requires a system that has some of the openness of public or common goods, maintained by groups or entire societies.
• Toll goods are open to all and theoretically infinite but require payment for use, similar to private goods.
• Examples of toll goods include cable TV, cellphone service, and private schools.
• Private ownership of public goods has become more common as land became privatized and industrialization led to monopolies and oligopolies.
• Government regulation of private entities grew, particularly in the early 20th century due to the rise of large businesses and the Great Depression.

Public Policy & Distribution of Goods

• Public policy focuses on determining the distribution, allocation, and enjoyment of public, common, and toll goods.
• Key policy questions: Who pays the costs of creating and maintaining the goods? Who receives the benefits of the goods?
• Costs and benefits of private goods are directly experienced by buyers and sellers.
• Non-private goods are controlled and regulated by policymakers, who decide who pays and who benefits.

Distributive Policy

• Distributive policy collects payments or resources from many but concentrates direct benefits on relatively few.
• Example: Highways developed through distributive policy, where the public pays into taxes to fund construction, but the main (direct) beneficiaries are the users of the highways.
• Distributive policy also supports individual access to private goods by reducing costs for the public, like higher education which benefits individuals but can be expensive.
• Transcontinental Railroad Example: The government recognized the value of a nationwide railroad system, but the cost was high, so they chartered private corporations who received land grants and subsidies from taxpayers, but the benefits were dispersed to the corporations to help manage the risk, as well as the entire nation who could now transport goods and people more easily.
• Agricultural example: Federal programs support farmers and food producers through aid like price supports and crop insurance. These aid programs benefit individual farmers and agriculture companies. The program provides sustenance for the country.

Explore the concept of judicial review as established in the landmark case Marbury v. Madison. Understand how this power allows the courts to evaluate the actions of the government and ensure they align with the Constitution. Learn about its role in the system of checks and balances.