Paul Johnson POLS 110  Courts I: Structure & Mechanics
Overview
     Its all about cases
     Kinds of courts
     Pyramid structure
     Judicial Review
     Activism: liberal and conservative
Its about "cases"
     Courts resolve specific arguments
     Criminal: did Jim steal your car?
     Civil: did Jim hurt your feelings?
What's political about that?
     Courts delimit governmental powers under Constitution
     - Judicial Review
     - Constitutional interpretation
     Courts say what the law means
     - Statutory interpretation
Kinds of courts
     Jurisdiction: original
     Jurisdiction: appellate
Federal pyramid
     Supreme Court has some original jurisdiction, but mostly it
            has appellate
     Federal District Courts: original jurisdiction only (well…)
     Federal Courts of Appeals: only appellate
State cases  "cross over"
     Defendants may claim the state violated their Constitutional
            rights, so their case can go to federal courts
     Example: convicts file a "writ of  habeus corpus" in federal district court
     Rules determine whether a person has "standing" or not
Judicial Review
     Example: State of Texas passes a law against "flag burning"
     Gregory Lee Johnson arrested for burning the flag, and was convicted
     Johnson appealed because his right of free speech wasviolated.
     Sup Ct agreed with Johnson
How do they get away with that?
     Check your constitution
     Judicial Review: right of court to "strike down" a law if it
        violates the Constitution
     Case of Marbury v. Madison
John Adams
     2nd President
     Appointed Marbury as DC Justice of Peace in 1801
John Marshall
     Secretary of State
     Adams appointed him to Sup. Ct.
     Mistakenly, didn't deliver Marbury's appointment before he  left to join the Sup. Court in 1801
James Madison
     Jefferson became president 1801
     Madison: Sec. Of State
     Refused to give Marbury his papers!
     Pres. Jefferson disliked Marbury, Marshall, Adams
Marbury
     I want my job!
     Sued Madison under the "Judiciary Act of 1789"
About the Judiciary Act
     1789 Act: created court system
     Sec. 13: Sup. Ct. given power to issue "writs of mandamus" an  order to a gov't official.
Marbury's case gets there
     Guess who the Chief Justice is?
     John Marshall
Marshall the genius!
     JM wanted Marbury to have job
     He expected Jefferson/Madison to refuse if he issued the writ
     Solution: Declare Sec. 13 of 1789 act to violate the Constitution
     Ct. can't/wont issue writ
     Ct's power to strike down laws created
Sup.Ct. Had the power, but
     Judicial review was used sparingly in 1800s
     Doctrines invoked to keep court out of controversy
        ("political question")
     Sup.Ct.often unable to "resist" political pressure
     -  Child/women safety laws
     -  New deal
The "Marble Temple"
     Rising role of Sup Ct in national politics
     The building is a symbol
Dramatic increase in state laws struck down/modified
       Prison crowding
       Desegregation
       Police procedure/torture/questioning
       Legislative apportionment
       Free Speech/press
       School prayer
Legal terms we'll test you about
     Stare Decisis
     Precedent
     Judicial Activism