Lecture Notes on the Federal Judiciary and Related Concepts

Federalism #78

• Main Argument: Judicial branch is the "least dangerous":
  • Lacks "power of the purse" and "power of the sword"
  • Important due to judicial review
  • James Madison's perspective

Federal Judiciary Qualifications

• Constitutional Requirement: Must uphold "good behavior"

Lifetime Term for Federal Judges

• Purpose: Protect from political pressure and ensure independence

Judiciary Act of 1789

• Significance: Established federal court system, including the Supreme Court (SC)

Judicial Review

• Origin: Marbury v. Madison case
• Capability: Declare laws unconstitutional

Judicial Review Authority

• Overrule:
  • Lower court decisions
  • State provisions
  • Federal legislation

Legal Terms Defined

• Writ of Certiorari: Decision of four justices to review a lower court decision
• Stare Decisis: Precedent applies until overruled
• Precedent: Previous cases guide current decisions
• Rule of Four: At least four justices must agree to hear a case
• Jurisdiction: Court's authority and power

Types of Jurisdiction

• Original: Initial case consideration
• Appellate: Hear appeals from lower courts
• Exclusive: Only one court can hear the case
• Concurrent: Multiple courts can hear the case

Jurisdiction by Court Type

• District: Original
• Circuit Court of Appeals: Appellate
• Supreme Court: Both original and appellate

Supreme Court's Original Jurisdiction

• Circumstances:
  • Disputes between states
  • Involving citizens and foreign entities
  • High-ranking ambassadors

Judicial Activism vs. Judicial Restraint

• Activism: Judges influence decisions with personal views
• Restraint: Judges limit power to constitutional matters

Nomination & Confirmation of Federal Judges

• Process:
  • President nominates
  • Senate Judiciary Committee reviews
  • Senate votes (majority needed)

Senate Committee Hearings

• Committee: Depends on subject matter

Presidential Criteria for Nominees

• Qualities:
  • Political compatibility
  • Integrity
  • Professional excellence

Political Influences on Nomination

• Factors:
  • Ideological alignment
  • Impact on issues
  • President's goals

Senate Confirmation Influences

• Factors:
  • Political control
  • Presidential support
  • Public policy views

Confirmation Votes Needed

• Current Requirement: 51 votes

Presidential Impact on Courts

• Through Appointments: Can shift balance and influence decisions

Supreme Court Case Hearings

• Petitions: Around 80 granted yearly; low percentage (~1%)

Granting Certiorari and Judicial Independence

• Significance: Allows court to prioritize significant cases

Factors Contributing to Judicial Independence

• Appointment: Merit-based reduces political pressure
• Lifetime Appointments: Insulation from public opinion

Public Opinion and Checks on Court

• Influence:
  • Negative reactions prompt reform demand
  • Court's decisions can be swayed by public perception

Legislative and Executive Checks on Judiciary

• Legislative:
  • Impeachment
  • Confirmation of appointments
  • Court system oversight
• Executive:
  • Presidential appointments
  • Pardon power

Limiting Judicial Independence

• Responsibilities: Impeachment, appointments, and legislative/executive actions can influence judiciary

Amicus Curiae Briefs

• Purpose: Influence court decisions by presenting interested parties’ perspectives

Doctrine of Original Intent

• Focus: Framers' intent in constitutional interpretation

Judicial Opinions

• Majority Opinion: Supported by over half the judges
• Dissenting Opinion: Disagrees with majority
• Concurrent Opinion: Agrees with outcome, different reasoning

14th Amendment

• Components: Equal protection, due process, incorporation, citizenship

Incorporation Theory

• Doctrine: Bill of Rights applies to states

Key Supreme Court Cases

• Gideon v. Wainwright: Right to attorney under 14th Amendment
• New York Times v. US: Freedom of press vs. national security
• Tinker v. Des Moines: Student protest rights
• Wisconsin v. Yoder: Religious freedom
• McDonald v. Chicago: Right to bear arms
• Schenck v. US: Clear and present danger
• Engel v. Vitale: School prayer and Establishment Clause

Bill of Rights Overview

1. Rapps (Religion, Assembly, Petition, Press, Speech)
2. Right to bear arms
3. Quartering of troops
4. Unreasonable search and seizure
5. Right to remain silent
6. Right to attorney
7. Rights in civil cases
8. Bail, fines, punishment
9. Natural rights
10. State powers

Civil Rights Legislation

• Civil Rights Act of 1964: Prohibited discrimination
• Voting Rights Act of 1965: Ensured voting rights for African Americans

Title IX

• Impact: Expanded women’s rights and opportunities

Letter from Birmingham Jail

• Themes: Civil rights and racial injustice