Judicial Branch Role in the United States
Judicial Branch Role in the American Political System
The judicial branch of the United States government is charged with interpreting federal laws. It comprises the Supreme Court, the United States Courts of Appeal, United States federal District Courts, special courts, and a small number of judicial agencies that support the courts. They act as final word on the legal interpretation of federal laws and ultimately the United States Constitution. They may also determine the constitutionality of state and local laws. While on the state level some justices are popularly elected, no federal judge is elected by any constituency. They also do not serve a fixed term, but rather hold their office “during good behavior.” These two provisions result from constitutional attempts to isolate judicial decisions from political pressures, and contribute to the independence of the judiciary.
Introduction to Judicial Branch Role
Federal courts have a leading role in interpreting laws, rules, and other government actions, and determining whether they conform to the Constitution. This function of judicial review was asserted in 1803 by Chief Justice John Marshall in the case of Marbury v. Madison. Judicial review includes both interpreting the law and judging cases. First, in Marshall’s words, “it is emphatically the province and duty of the judicial department to say what the law is.” This need to explain the law stems from the fact that the Constitution and many laws include vague words or phrases. The ambiguity of the Constitution’s 14th Amendment, for example, makes it one of the most important sources of cases argued before the Supreme Court. The amendment guarantees citizens “due process of law” and “equal protection of the laws.” The meaning of these phrases is unclear, leading to protracted court battles over the application of the 14th Amendment to groups such as racial minorities, women, people with disabilities, and legal and illegal aliens. Confusion and disagreement over the amendment have thrust the courts into disputes over affirmative action, abortion, sexual preferences, welfare benefits, and the rights of the disabled.
Striking down laws or practices that violate the Constitution is another function of judicial review. Although the Court voided few laws during its first hundred years, it proved much more willing to take such strong steps in the 20th century. Since Marbury v. Madison, about 150 federal laws have been struck down in whole or in part, along with about 1000 state laws and more than 100 municipal ordinances.
The courts do not always have the final say in settling issues of legal interpretation. Working together, Congress and the states can compel the courts to accept a legal principle by amending the Constitution. After the Supreme Court ruled that income taxes were unconstitutional in Pollock v. Farmers’ Loan & Trust Co. in 1895, for example, Congress and the states ratified the 16th Amendment in 1913 to permit such taxes. Amending the Constitution is difficult and is usually time consuming, however. The president and members of Congress have their own ideas of what the Constitution permits, and on occasion they may try to impede or simply ignore the courts’ decisions.
The president of the United States appoints federal judges, but these appointments are subject to approval by the Senate. Once confirmed by the Senate, federal judges have appointments for life or until they choose to retire. Federal judges can be removed from their positions only if they are convicted of impeachable offenses by the Senate, but this has happened on only a few occasions. The life-long appointments of federal judges makes it easier for the judiciary to stay removed from political pressure. The long terms mean that presidential appointees to federal courts will have an influence that lasts for decades, so the Senate closely scrutinizes many appointments, and sometimes blocks them altogether.” (1)
Purpose of the Judicial Branch
Article III of the Constitution, which establishes the Judicial Branch, leaves Congress significant discretion to determine the shape and structure of the federal judiciary. Even the number of Supreme Court Justices is left to Congress — at times there have been as few as six, while the current number (nine, with one Chief Justice and eight Associate Justices) has only been in place since 1869. The Constitution also grants Congress the power to establish courts inferior to the Supreme Court, and to that end Congress has established the United States district courts, which try most federal cases, and 13 United States courts of appeals, which review appealed district court cases.
Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. Judges and justices serve no fixed term — they serve until their death, retirement, or conviction by the Senate. By design, this insulates them from the temporary passions of the public, and allows them to apply the law with only justice in mind, and not electoral or political concerns.
Generally, Congress determines the jurisdiction of the federal courts. In some cases, however — such as in the example of a dispute between two or more U.S. states — the Constitution grants the Supreme Court original jurisdiction, an authority that cannot be stripped by Congress.
The courts only try actual cases and controversies — a party must show that it has been harmed in order to bring suit in court. This means that the courts do not issue advisory opinions on the constitutionality of laws or the legality of actions if the ruling would have no practical effect. Cases brought before the judiciary typically proceed from district court to appellate court and may even end at the Supreme Court, although the Supreme Court hears comparatively few cases each year.
Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. The courts, like Congress, can compel the production of evidence and testimony through the use of a subpoena. The inferior courts are constrained by the decisions of the Supreme Court — once the Supreme Court interprets a law, inferior courts must apply the Supreme Court’s interpretation to the facts of a particular case.
The Supreme Court of the United States</h2
The Supreme Court of the United States is the highest court in the United States and the only part of the federal judiciary specifically required by the Constitution.
The Judicial Process
Article III of the Constitution of the United States guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one’s peers. For information about the federal Judicial Process, click here.
Resources
Notes and References
- Information about Judicial Branch Role in the Encarta Online Encyclopedia
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