Federal Judiciary overview - including landmark rulings and 14th amendment/selective incorporation

1. The Federal Judiciary
Constitution of the United States
Article III
Section 1.
The judicial power of the United States, shall be vested
in one Supreme Court, and in such inferior courts as the
Congress may from time to time ordain and establish.
The judges, both of the supreme and inferior courts,
shall hold their offices during good behaviour, and
shall, at stated times, receive for their services, a
compensation, which shall not be diminished during
their continuance in office.

2. The Judicial Branch
• Importance of an independent judiciary
– Law must be neutral and nonpartisan
– Judges and Justices ∴ must be free of political control
• ∴ appointed, not elected – beyond influence of party
politics
• ∴ serve for life – beyond the influence of the president
that appointed them [with Senate approval, of course]
• [Note that some State judges are elected for terms of office, such as
North Carolina – the idea is that those who interpret law should be
answerable to the people]
• Federal courts handle cases of federal law
– All federal is law based upon the Constitution [Article VI]
– U.S. justice system based upon long historical precedent
• Code of Hammurabi; 10 Commandments [Law of Moses]
• Roman law – codified; simplified by Justinian Code,
updated by Napoleonic Code
• English Common Law – based on court decisions rather
than written document or code
•Why does justice
have a sword?
•What does the scale
mean?
•Why is justice
blindfolded?

3. Types of Law
• Look these up, know what they are, what body makes
them, and what they deal with. Be able to give and/or
recognize examples of each [hint, hint...]
– Common Law
– Criminal Law
– Civil Law
– Constitutional Law
– Statutory Law
– Administrative Law
– International Law

4. • Top 3 levels are
constitutional courts
• Begins at the trial
level [usually]
– Original jurisdiction
• Decisions may be
appealed to next
level[s]
– Appellate
jurisdiction
•
[State systems are similar]
•
Article I courts, etc. try
cases and hear appeals
within their own
organizations
U.S. Supreme Court is
final court of appeal for
all courts & agencies
•
[incl. state supreme courts]
[Highest State courts]

5. The U.S. Supreme Court
• Primary responsibilities
– Interpret law
• The Constitution says what the Court says it
says
• E.g. Tinker v. Des Moines School Dist. (1969)
“speech” broadened to include “expression”
– Judicial review
• All federal courts have the power to find acts
and laws to be unconstitutional
• Not actually stated in the Constitution
• Marbury v. Madison (1803)
– Established precedent of judicial review
– Ruled that part of Judiciary Act of 1789 violated
separation of power

6. • Supreme Court jurisdiction
– Appellate [in most cases] – ruling on lower court
decisions
– Original [in rare cases] – diplomatic cases or if a state is
a party in the case
• How many justices?
– 1 Chief Justice and 8 Associate Justices = 9
• The Court at work
– Court in recess
• Court and staff are receiving documentation and
researching for pending cases
• or deciding whether or not to hear a case
• rule of 4
• writ of certiorari – order to lower court to send records

8. I will take this case all the way to
the Supreme Court …
• Writ of Certiorari (i.e."Rule of Four”)
– Annual docket = 8,000 cases
• Fewer than 100 heard or reviewed
• $300 filing fee
– In forma pauperis= right to be heard at
no expense.
– Often, interest groups will foot the bill.
• Quorum = 6

9. – Court in session
• Lawyers from both sides have 30 minutes to give
oral arguments before the justices
• Justices constantly interrupt with questions
• Already have lawyers’ briefs – their main
arguments in outline form [hence – briefcase]
[amicus briefs]
• Handing down rulings [the Court’s decision]
– Simple majority [5 out of 9] decides
– Rulings are written as opinions [3 kinds]
» Majority opinion – decision of the majority and
reasons for the decision
» Dissenting opinion – reasons for disagreeing with
the majority ruling [often historically important]
» Concurring opinion – agrees with the majority but
for different or additional reasons
– Opinions set precedents – adjusts how laws are applied
and/or provide arguments that can be used in later

10. Impact of Rulings
•
When making their decisions, SC justices consider the
following:
1. Stare Decisis or precedent...
– “let the decision stand”.
– Why important?
–
–
–
Stability: Meaning of the law not always changing
Legitimacy: based upon prior, legal wisdom and judgment
Equality: more than one group makes the decision;
application over many groups
1. Personal Ideology (Activism vs. Restraint?)
2. Public Opinion
–
•
See following slides for 2 & 3
Landmark Decisions:
–
–
have profound affect on future meaning of the law
Often a significant reinterpretation or application of previous
rulings

11. Landmark decisions
• Set precedents for later rulings and key
interpretations/reinterpretations of the Constitution
• Can seriously affect social life of Americans
– Discrimination [Brown v. Board of Education 1954] [cf. Plessy]
– Power of the federal government [Marbury v. Madison
1803; McCulloch v. MD. 1824]
– Free speech/press [Tinker v. Des Moines 1969; Texas v.
Johnson 1989; New York Times v. United States 1971 ]
– Abortion and privacy [Roe v. Wade 1973; Mapp v. Ohio
1961]
– Rights of the defendant [Gideon v. Wainwright 1963;
Miranda v. Arizona 1965]
– Much, much more [religious freedom, gun ownership,
property rights, etc.]

12. The 14th and selective
incorporation
• 14th Amendment
applies Bill of
Rights to State
law
• One at a time –
selectively –
specific rights
and protections
are brought
incorporated into
state law
• E.g. Gideon and
right to counsel

13. The Inferior Constitutional Courts:
U.S. District Court & U.S. Court of Appeals

14. Federal Circuit Court Districts, North
Circuit
Carolina There arein94the U.S. Court
Districts
3 of them are in NC
The districts are apportioned
according to population but
each state has at least 1

15. The Lower Federal Courts
• U.S. District courts
– trial courts
• Testimony and evidence
• Jury decision
• Verdict of guilty/innocent in
criminal cases
• Penalties and awards in civil
cases
– Federal crimes
– Lawsuits to which the U.S. is a
party
– Original jurisdiction within the
court’s district
– Concurrent jurisdiction in cases
that violate both federal and
state laws
• U.S. Courts of Appeal
– Appellate courts
• Evidence is lower court records
• Judges decide or rule on lower
court decisions
– Uphold [stare Decisis]
– Reverse/overturn
– Remand
– Not decision of guilt or
innocence
• Criminal or civil cases
– Appellate jurisdiction within the
court’s district
•
13th Appeals Court is the Court of
Appeals for the Federal Circuit
– Nationwide jurisdiction