The+Judiciary

//Gibbons v. Ogden//

New York state law gave two individuals the right to operate steam boats o n waters within state jurisdiction. This law, however, charged out-of-state boaters substantial fees for navigational privileges. So the question is:Did the State of New York exercise authority in a realm reserved exclusively to Congress, namely, the regulation of interstate commerce? The Supreme Court ruled that this New York law violated a congressional act regulating trade. Chief Justice Marshall established the definition of commerce. __**IMPORTANCE OF COMMERCE CLAUSE!!!!**__

//Dred Scott. v Sanford// __**KNOW THIS CASE!**__

Dred Scott was a slave in Missouri. From 1833 to 1843, he resided in Illinois (a free state) and in an area of the Louisiana Territory, where slavery was forbidden by the Missouri Compromise of 1820. After returning to Missouri, Scott sued unsuccessfully in the Missouri courts for his freedom, claiming that his residence in free territory made him a free man. Scott then brought a new suit in federal court. Scott's master maintained that no pure-blooded Negro of African descent and the descendant of slaves could be a citizen in the sense of Article III of the Constitution. The main question: Was Dred Scott free or a slave? The Supreme Court ruled that he was a slave. Only Congress could determine national citizen ship. The court then ruled that the Mississippi law was unconstitutional, hoping to end the slavery question once and for all. ( The Oyez Project, Dred Scott v. Sandford, 60 U.S. 393 (1857), available at:  (last visited Monday, January 14, 2008).)

The Judiciary

__**CHOOSING OF S.C. JUSTICES S.C. WRIT OF CERTIORARI**__

-Judges are an integral part of America's policy making process -Judicial review is the primary reason -the power of courts to declare laws unconstitutional -Established by Marbury v Madison -Two different approaches to Judicial review: -Strict-Constructionist -Activist approach -McCulloch v. Maryland held that federal law is dominant to state law -The court also established that the federal government has the right to regulate interstate commerce -The Marshall court helped establish federalism in an era dominated by the Jeffersonians and State's Rights -Structure of the Court -Constitution requires only the Supreme Court (Article III) -All others were mandated by Congress -Two different types of courts -Constitutional Court -Authorized by Constitution -Keeps Judges in office during good behavior& protects salaries -Consist of Supreme Court and Congressionally created appellate and district courts -District Courts most important--federal trials can only be held here -Courts of Appeals-hear appeals from District courts -Legislative Courts -Set up by Congress for a specific purpose -Fixed terms of office -Lack Article III protections -Include Courts of Military Appeals and territorial courts -Jurisdiction of Federal Courts -Dual Court System-One federal, one state -Cases Federal Courts can hear: -Federal Question Cases-concern Constitution, federal law, treaties -Diversity Cases- involve citizens of different states who can bring suit in federal courts -Violation of a federal law -Declaring bankruptcy -Law suit between two states -Some cases can be heard by both -Robbing a federally insured bank -Suits between persons of two states involving more than $75,000 -Matters exclusively within state court can be appealed to a federal court -Supreme Court can hear whatever cases it wants -Writ of Certiorari--order by higher court (such as the supreme court) directing a lower court to send up a case for review -Getting to Court -More expensive to get to court than it would seem -The indigent can get free lawyers and no court costs(in forma pauperis) -Under certain circumstances, when victorious, the plaintiff can have legal fees covered by the losing side -Must have standing to have a case heard in a federal court -Standing: legal rule stating who can have a case heard -Must be an actual controversy -You must have been personally harmed by the law or practice of which you are complaining -Must be more than just a tax-payer -You cannot sue the government without its consent -This is sovereign immunity -Class action suits -this is a case brought by someone to help him or herself and all others similarly situated -Supreme Court in Action -Breif-Document stating facts of case, summarizes lower court's decision, gives arguments, expounds upon previous Court decisions and how they weigh upon the case -Amicus Curiae- breif submitted by a "friend of the court" -Per curiam opinion-- breif, unsigned court opinion -Opinion of the court-- signed opinion of majority of SC -Concurring opinion-- signed opinion in which one or more members agree with majority but for different reasons -Dissenting opinion-- signed opinion in which one or more members disagree with majority view -Power of Federal Courts -Power to make policy -Make policy whenever law or constitution is significantly reinterpreted -Occasionally, will defer questions to legislative or executive branch -Views of Judicial Activism -Controversial -Pro: Needed to correct injustices of other branches -Con:Judges are lawyers lacking special expertise in areas of their cases - Do we have activists courts because we have so many lawyers? -We might have so many lawyers because we have activist courts -Also easy to get standing in courts, pay litigation costs,bring suits -Checks on Judicial power -Congress confirms and can impeach judges -Public opinion--Judges are sensitive to opinions of political elites -Disregarding public opinion tends to be nearly disastrous