Professional Documents
Culture Documents
1) Historical Context
a) Under the Articles of Confederation, there was no separation of executive and
legislative powers
b) The Constitutional Convention + Article 3
i) Conflict between states rights advocates and the nationalists, was resolved by
a compromise found in Article 3, which states that judicial power shall be
vested in one Supreme Court and inferior Courts that Congress can create
c) The Judiciary Act of 1789
i) Still heated discussion between states rights advocates and nationalist
ii) This act set up a judicial system comprising a Supreme Court with a chief
justice and 5 associate judges; 3 circuit courts, each with 2 justices of the
Supreme Court and a district judge; and 13 district courts
iii) Here Congress created two sets of lower courts
2) The U.S. Supreme Court (SC)
a) Interprets federal legislation
b) Impact of Chief Justice Marshall
i) Marshall was a legendary chief justice, wrote almost half of all opinions
handed down in his time
ii) Marbury vs. Madison (1803)
(1) Here the court asserted its power to declare an act of Congress
unconstitutional
(2) What happened: President John Adams nominated loyal federalists as
federal judges, and time ran out and 17 of the commissions were not
delivered before Jeffersons inauguration. Jefferson ordered his secretary
of state, James Madison, to abstain from delivering the remaining
commissions. Some of these nominees (Marbury), asked the SC to force
Madison to deliver their commissions on the basis of the SCs ability to
issue writs of mandamuscourt orders commanding a public official to
perform an official duty
(3) Marshall declared this section of the Judiciary Act of 1789
unconstitutional because it granted original jurisdiction to the SC in excess
of that specified in Article 3 of the Constitution
(4) Established judicial review ability to declare a law unconstitutional,
what sets us apart from other countries
iii) SC as a Policy Maker
(1) Derives from the fact that it interprets the law
(2) Good example is Plessy vs. Ferguson (1896)
(a) Homer Plessy (1/8th black man) protested a Louisiana state law by
refusing to move from the seat in the white car of a train
(b) The SC upheld the Louisiana statue, and thus the court established the
separate-but-equal policy that was to be in effect for about 60 years
(3) Brown vs. Board of Education (1954)
(c) Sometimes a justice may agree with the decision but have different
reasoning and write a concurring opinion
(d) An opinion labeled concurring and dissenting agrees with part of a
Court ruling but disagrees with other parts
(e) Per curiam opinion: unsigned, brief opinion used when the Court
accepts the case for review but gives it less than full treatment
3) The U.S. Court of Appeals
a) Circuit courts
b) The court of appeals in each of the 12 regional circuits are responsible for
reviewing cases appealed from federal district courts
c) The Review Function of the Courts of Appeals
i) Concentrate on statutory interpretation, administrative review, and error
correction in masses of routine adjudications
ii) Their docket depends on how many and what types of cases are appealed to
them
iii) Most cases originate in the federal district courts
iv) Also review the decisions of certain administrative agencies
v) Deal with both routine and highly important matters
vi) Can establish policy for society as a whole, not just for specific litigants
vii) Two purpose of review in the court of appeals
(1) Error correction COA monitors the performance of federal district
courts and federal agencies and supervises their application and
interpretation of national and state laws. Also settles disputes and enforces
national law
(2) Sorting out and developing those few cases worthy of SC review
d) The COA as Policymakers
i) The scope of the COA policymaking role takes on significant importance
because they are the court of last resort in the vast majority of cases
ii) COA ruled in 1996 in Hopwood v. Texas that race may not be used as a factor
in law school admissions. This issue was later tackled by the SC in 2003
iii) Because each COA covers a specific region, they are likely to make policy on
a regional basis
e) The COA at Work
i) Screening
(1) The docket may be reduced by consolidating similar cases into single
cases
(2) In 2010, 75% of cases were disposed of without oral arguments
ii) 3 Judge Panels
(1) Cases given full treatment are usually heard by 3-judge panels
(2) A decision reached by a 3 judge panel does not always reflect the views of
the majority
iii) En Banc Proceedings
(1) When a 3 judge panel has conflict, federal statutes provide for an en banc
procedure, in which all the circuits judges sit together on a panel and
decide a case
(2) Normally consist of 11 judges