Cornell Notes

Topic(s): Chapter 6- The Judicial Branch

Big ideas, questions, main Notes, answers, details, answers, examples, sentences, pg.
ideas, vocab numbers
reading 2/27/21 pp. 189-

Three level system U.S. District Courts, U.S. Circuit Court of Appeals, U.S. Supreme
Court. These are constitutional courts, each higher than the
last, with judges appointed by presidents and confirmed by
senate. Federalist 80 argued in favor of national courts.

Article III Constitution only created SCOTUS, gave congress ability to

make “inferior” courts. Given life terms, lets them make
unpopular decisions, can be impeached. Congress cannot
change salaries during terms.

Jurisdiction Holds “original jurisdiction” to hear cases for the first time
involving states, ambassadors, and “public ministers.”
“Appellate Jurisdiction” for most other cases require it to move
through lower courts.

Constitutional Guidelines Treason is defined (only crime defined), cannot be used to

silence dissent. Right to jury secured for criminal defendants,
more rights added in Bill of Rights.

Federalist no. 78 Argued against Brutus no. 15, guaranteed independent courts,
proposed judicial review.

Themes in the information:

Rule of Law, Separation of Powers, Justice, Truth

Other questions or inquiries:

How are Chief Justices chosen?
What is stare decisis?

3 things learned:
1. Amicus Curiae Briefs
2. Proceedings of the court (closed door meetings after hearing arguments led by CJ)
3. Solutions to controversial confirmation hearings

Relate one thing learned to your life:

After seeing the hotly debated hearings for Kavanaugh and Barrett following the seat stolen
from Merrick Garland has made me feel like we can use confirmation reform as is proposed.
 Notes Continued
Three level system cont. Original design had 6 SCOTUS justices, 3 district courts, and a
court in each state. 2 justices assigned to each district with
district judge joining to make panel of 3.

Now:
-94 district courts, 1+ per state, multiple courthouses per
district, original jurisdiction in federal crimes, 1 U.S. attorney
per district.
-11 circuit court of appeals. Appellate jurisdiction (taking the
appeal,) certiorari (“to make more certain,”) hears no new facts
or testimony just answers narrow questions, 200 judges which
sit in groups of 3, petitioner makes appeal and respondent
responds.
-Circuit Court for Federal Appeals hears appeals with patents
and financial claims against the government
-Circuit Court of Appeals for the District of Columbia takes on
appeals from those punished by executive agencies, seen as
second most important court
-SCOTUS is made up of 1 chief justice and 8 associates, 9 total.
Overturns about 70% of cases heard, only focus on
Constitutional interpretations not guilty or innocent.

Civil Cases Plaintiff sues defendant over loss of property or money, can sue
governmet, can sue government officials but only in personal
matters not governmental ones.

Precedence Precedent is set that establishes legal principle, lower courts

are bounded to upper decisions (“binding precedent,”) may use
precedents to guide them instead (“persuasive precedent”)

Changes in focus Early started with defining federalism, later defined relationship
of government and industry, now focuses on individual liberties

Chief Justice John Marshall John Marshall was chief justice from 1801-1835. Built stronger
Court, solidified national supremacy, promoted unanimous
decisions, created judicial review.

Marbury v. Madison 17 midnight judges did not receive their commissions before
Adams left office. Jefferson told Sect. Madison not to deliver
these. Marbury sued using Judicial Act of 1789 (giving SCOTUS
authority in these matters) and argued that he deserved the
commission. Court ruled yes he deserved his commission as
ordered, but the law is unjust and unconstitutional, invalidating
 his claim. Created judicial review which was not used again until
Dred Scott.

Dred Scott v. Sandford When a slave sued saying he was free after living in a northern
state, SCOTUS ruled he wasn’t a citizen and couldn’t sue,
offered that they cannot take property from an owner.

Industrial age views SCOTUS blocked state rules on safety and worker protections,
overturned an act addressing monopolies, and voided
congress’s income tax statute. Chief example is Lochner v. New
York when Court overturned a limit on workable hours for
bakers. Continually lean further right, only exception was hours-
limit for women which hurt their chance to compete with men.

New Deal decisions Charles Evan Hughes becomes chief justice, leads strongly
conservative 4 member group called “four horsemen” who
strike down numerous new deal policies. When FDR proposed a
plan in 1937 that allowed him 6 new justices, the Court changed
course (West Coast Hotel v. Parish) and upheld future New Deal
legislation. FDR appointed 9 justices over his 4 terms.

Chief Justice Earl Warren -Warren led aggressively as a liberal justice, repeatedly
upholding rights for individuals. First major case was Brown v.
Board, brought other justices to unanimous ruling in favor of
Brown, produced several more pro-integration rulings over next
decade. Aggressively liberal stance upset many traditionalists
and led to calls for impeachment, all failed.

Court upholds indv. Rights Court gave due process protections such as throwing out
illegally obtained evidence, informing suspects of their rights,
providing defense lawyers. Students’ free speech protected,
school sanctioned prayer blocked, press protected from libel
charges.

Chief Justice Warren Appointed by Nixon to turn the Court conservative, chose to
Burger (totally not continue on same path as Warren. Poor leadership skills, few
confusing w/ warrens) majority decisions under his Court. Most significant case was
Roe v. Wade

Rehnquist Associate justice who rose to Chief Justice after Burger’s

retirement. Strict constructionist who had been alone in the
dissent numerous times as an associate. Reformed court
proceedings to bring back more management.

Make-up of SCOTUS Had been limited to male white protestants like all American
 government, slowly but surely opened to others. Most diverse
Court right now with numerous women, people of varied
ethnicities, and multiple religions represented on the Court.
Previous Justices were political figures, now more experienced
jduges.

Modern Ideology (2017) Difficult to predict with balancing swing votes from Anthony
Kennedy and (sometimes) John Roberts. Many would
characterize it as conservative-leaning, but it has upheld
abortion rights, limited death penalty, and upheld
governmental power.

Controversy Some challenge the power of SCOTUS by arguing that their

lifetime terms and changes in ideology are representative of
their separation from checks and balances and that they have
no accountability. This is a fear that wsas also raised by Brutus.

Shifting Ideas Nice example is Smith v. Allwright being overturned by Grovey

v. Townsend (see p. 208). Court overturned a case just 9 years
after it was decided because: new members were more liberal
& SCOTUS recognized the social context. (Liberals tend to view
document through the modern lens & context)

Judicial Activism Judges “act” to overturn a law (Lochner, Roe)

Judicial Restraint Critics argue SCOTUS should only strike down a law when it
clearly contradicts the constitution. Argue against “legislating
from the bench”

A case is heard Court takes on appeals from lower courts, they discuss the
claims, if four justices see it as valid they take the claim on,
issues writ of certiorari to request trial transcript. Most cases
will have opinions to explore majority and minority reasoning,
some cases go w/o explanation and are called per curium
opinions.

Interactions w/ other Presidents appoint based on political and ideological basis, may
branches not always follow what president chose. Home-state senators
recommend judges for appointments in their districts and
Senate vote generallu follows their lead, committee doesn’t
move forward w/o consent. ABA gives advice by rating the
qualification of nominees, other interest groups may lobby.
“to Bork” Named after Robert Bork who was nominated to SCOTUS but
ended rejected after a lengthy and brutal confirmation battle.
“to bork” means to destroy a judicial nominee through focus
attack.

Modern Confirmation Fillibusters on judicial nominees lead to threat of nuclear option

by republicans against dems filibustering Bush nominees. Gang
of 14 avoided it. When Republicans did the same, dems nuked
the filibuster in 2013. Obama only had a 76% confirmation rate
w/ average wait of 115 days. Some say process should be
reformed to end litmus tests, limit testimony, and base votes on
written record and actual evidence.

(Side note- naming cases) To name a court case, it is the plaintiff v. the defendant. In
appeals, it is the petitioner v. the respondent.

Executive interaction w/ DoJ investigates crimes and U.S. attorneys prosecute them. U.S.
courts attorneys defend the federal government when sued. Solicitor
General seeks appeals to SCOTUS on behalf of govt (cases titled
U.S. v. John Doe). SG may enter amicus curiae brief (friend of
court brief) to influence rulings where U.S. is not a party.

Congressional interaction Congress sets salaries and funds maintenance of court houses.
More directly, they set regulations to guide the authority of
federal courts and set regulations on judges. They also create
new seats as needed and strip courts of jurisdiction in order to
avoid rulings on certain topics.

Amendments overturn When SCOTUS makes a ruling, that doesn’t have to be the end
precedents all be all. Instead, Congress may be able to pass an amendment
and change the Constitution to make a ruling thus invalid. This
happened in Chisolm v. Georgia which was overturned by the
11th Amendment, and it happened when the 14th Amendment
overturned the Dredd Scott decision. Again when 19th
Amendment gave women right to vote, overturning Minor v.
Happersett.