Chapter 12 Congress and the Courts I The Federal Courts 1 Article III of the Constitutional leaves the creation of federal courts besides the Supreme Court to the discretion of Congress 2 Article III are granted lifetime tenure 3 The framers wanted an independent judiciary that was insulated from political pressure 4 Today there are district courts court of appeals and the Supreme Court a District courts deal with federal trials civil matters to criminal staffed with district judges Art III And magistrate judges each state has at least one district court purpose is norm enforcement applying laws to disputes b Court of Appeals eleven regional districts plus a D C and a Federal Circuit which specializes in the appeals of administrative agencies 13 most cases hear at district level have an automatic right appeals hearing if they want staffed by circuit judges oral arguments and decisions made in three judge panels purpose is error correction c Supreme Court When parties are unhappy with appeals court they can petition for review of their case hears and decides about 1 of the cases petitioned generally cases raising important constitutional or statutory interpretation questions policy making is the purpose carries out policies in three ways i ii Its interpretive decisions can uphold or broaden the legislative powers of Congress It can check overreaching by Congress through its implied power of judicial review iii Can act as policy making catalyst when the House or Senate is stymied in making decisions II The Court As Referee and Umpire 1 The supreme court acts as the referee between the two elected branches and between 2 3 4 state federal relations Judicial review started in 1803 Super legislature criticism of the judiciary branch often meaning that judge act as legislators on the bench and are involving their personal opinions Judicial Activism serves as a way of denouncing judicial decisions that politicians and opinion leaders oppose on other grounds A The Referee 1 The Supreme Court often exercises restraint when addressing the powers of the president or Congress for two reasons to avoid charges of judicial overreaching and to acknowledge that only the elective institution can implement judicial judgments 2 Lawmakers sometimes use the Court s referee role to their own advantage commonly in times of war when the president sends troops without Congressional approval however war power suits are often dismissed for two reasons the lawsuits raise political questions best left to elected branches and the suits represent conflicts between lawmakers not constituents B Statutory Interpretation 1 Statutory Interpretation federal judges will construe the meaning of vague language embedded in laws Carr v United States 2 Constitutional interpretation federal or state laws are challenged as violating the U S Constitution 3 How to decide if laws are in violation of the Constitution Federal judges examine the text of the Constitution the intention of the drafters and the judicial precedents relevant to the controversy 4 Major differences between statutory and Constitutional interpretation is the ease in which Congress can reassert its understanding of the law against the Court a When the Court interprets a statute Congress can amend or clarify the law b When the Court interprets a Constitutional decision it is binding on Congress and can only be changed by a constitutional amendment which is rare 5 Interpreting federal statutes is difficult because of the poor communication between Congress and the Court C Legislative Checks on the Judiciary 1 Overturn in the courts is rare because of lifetime tenure 2 Some Court rulings can have direct and profound effects on Congress and its members 3 Congress has a few tools to influence the Court a Withdraw jurisdiction b c d Pass constitutional amendments Impeach judges Influence the size III 4 Article III and statute give Congress the power of jurisdiction over the federal courts and it serves as a potential check on judicial overreach 5 Federal judges are subject to impeachment only Supreme Court justice Samuel Chase has been impeached by the House 15 federal judges have been impeached and 8 removed by 2 3 Senate vote 6 7 Size of the Supreme Court has always been between 6 and 10 the current size of 9 justices has not changed since 1869 and is unlikely to change 8 Supreme Court justices are paid a relatively low amount but they pay is linked to Congress s pay so Congress being elected officials do not want to raise their own pay for fear of backlash from constituents and attack ads 9 On four occasions Congress have overturned Supreme Court decisions by amending the Constitution Chisholm v Georgia 1793 Drew Scott v Stanford 1857 Pollock v Farmer s Loan and Trust Co 1895 and Oregon v Mitchell 1970 however lawmakers are reluctant to amend the Constitution Advice And Consent For Judicial Nominees 1 Article II Section 2 allows for Advice and Consent from the Senate for Judges of the Supreme Court the president has the power to nominate but the conformation belongs to the Senate 2 Many stages to fulfilling a vacancy on the Supreme Court a The president puts together a list of nominees individuals who reflect their political views race gender geographic and religion are all factors that are considered b Written nominations get sent to Senate referred to as the Judiciary Committee c The Judiciary Committee then investigates the background and qualifications of the nominees d After hearings the Judiciary Committee hosts open sessions to report the nomination to the Senate with either a good bad or no recommendation e The Senate majority leader then decides to call up the nominees fir chamber f consideration after consulting lawmakers and the minority leader Lastly if the majority of the Senate confirms the nomination then the person gives a letter of commission and will take the constitutional oath and become a Supreme Court justice 1 Senatorial Courtesy an informal practice in which presidents consult home state senators before submitting nominees for the federal position in their state 2 Should nominees be subjected to the litmus test is the age old question after the legal experience and ethical behavior which is qualifications that every nominee needs 20 of the Supreme Court nominees have been rejected in the last two centuries 1 2 Robert H Bork was one of the rejected and created the verb to Bork 3 The Senate has became increasingly unwilling to support