US Federal Court System and Civil Liberties

Posted on Mar 3, 2025 in Applied Sociology

Structure of the Federal Court System

The Constitution establishes the Supreme Court but doesn’t mention other federal courts. Congress has the power to create courts and determine their structure, hierarchy, number of judges, and salaries (Judiciary Act of 1789). Federal courts are separate from state courts. Each state has its own system, handling most trials. Most court cases (divorces, traffic tickets, minor criminal matters) are handled in state or local courts, which are not part of the federal government. The highest state court is the State Supreme Court. The US has 51 court systems: one for each state, plus the federal courts.

Federal and state laws are separate. State courts handle state law violations, while federal courts handle federal law violations. Federal law includes interstate commerce, drugs, civil liberties, and matters on federal land (Military bases, Indian reservations, federal Lands, and DC – MILD).

Federal Court System Components:

  • Specialized Courts: Created by Congress for specific, complex areas (e.g., Bankruptcy Court, Tax Court, Maritime Court, Court of International Trade, Military Courts Martial). These are separate from the main hierarchy.
  • U.S. District Courts: The lowest level, where cases begin in federal court. They handle pre-trial matters and trials. These are trial courts.
    • Civil cases: One party sues another for compensation (plaintiff vs. defendant).
    • Criminal cases: The government prosecutes someone for a crime (United States vs. Smith).

Each court covers a geographic area. States have 1-4 courts based on population. There are 94 courts and 632 district court judges. Wait times for trials can be a year or more.

Federal Courts of Appeal (Circuit Courts): Handle appeals from district courts. There are 13 Circuit Courts: 11 covering the states (Georgia is in the 11th), one for DC, and one for federal government matters. They have 164 judges.
  • Appeals are not new trials, but reviews for legal errors. Lawyers present arguments to judges; no witnesses or evidence.
  • Two levels of appeal: a three-judge panel, and potentially an “en banc” hearing with all judges.
  • Circuit Courts are crucial because most cases don’t reach the Supreme Court.
  • Circuit Court decisions set precedents for lower courts within their jurisdiction.
Supreme Court: The highest court, the final court of appeal. It has one court and nine justices.
  • Supreme Court precedent binds all other courts. The Court can:
    • Issue a public rebuke.
    • Issue a writ of mandamus (an order to a lower judge).
    • Hear the case and overturn the lower court’s decision.
  • Cases reach the Supreme Court through:
    • Original jurisdiction: Cases directly to the Supreme Court (disputes between states or involving foreign countries). Rare.
    • Appellate Jurisdiction: Appeals from State Supreme Courts and federal Circuit Courts. Most important cases come from here.
  • The Supreme Court chooses its cases (“Rule of 4”: four justices must agree). It receives about 7,000 appeals annually, hearing 60-80.
  • Decision Process:
    • Collecting information: Both sides submit briefs. Outside parties can submit “amicus curiae” briefs. Justices read all briefs. Oral arguments (30 minutes per side) involve questions from justices. No new evidence; only legal arguments.
    • Voting: Justices vote; five or more form the majority. One justice writes the “opinion of the court” (majority opinion), which becomes precedent. The losing side may write a “dissenting opinion.” Opinions are lengthy and complex.

Not Federal Courts:

  • U.S. Department of Justice: A cabinet department, not a court. Headed by the Attorney General. It has 94 U.S. Attorneys, one for each district court, allowing the executive branch to bring suits.
  • TV Courts: Arbitration, not actual courts.

Judicial Appointments

Federal judges are nominated by the President and confirmed by the Senate. They have life tenure. Presidents appoint many judges, but fewer than bureaucrats. The process:

  1. President nominates.
  2. Senate Judiciary Committee holds hearings and votes.
  3. If approved, the full Senate debates and votes. A majority confirms the nominee.

The process varies by court level:

  • Specialized courts: Usually non-controversial.
  • District courts: Presidents often consult with senators from the state (“senatorial courtesy”). Nominations can be delayed by senators using “holds.”
  • Courts of Appeal & Supreme Court: Highly contentious. Presidents appoint members of their party.

Nominees are usually attorneys or judges, with a spotless record, screened for competence and ideology. Supreme Court nominees are screened by the President. Nominations are often delayed, especially for the Supreme Court.

Supreme Court vacancies occur upon retirement or death. “Strategic Retirement” allows judges to retire when a like-minded president can appoint a replacement. Hearings are significant for senators to take positions. If the President and Senate are of the same party, nominations can be smoother, but not always. There are no official qualifications other than an age requirement. Focus is often on political ideology, judicial philosophy, and litmus tests.

Bureaucracy

Bureaucracy is a form of organization that exists to improve efficiency. Specialization and repetition are key. The federal service has grown little in the past 25 years. Bureaucrats implement the objectives of an organization. Agencies issue rules to carry out legislative goals. Rulemaking is similar to legislation. Since 1883, most government employees get jobs through a merit-based system. Civil service reform aims to reduce political interference.

Executive Branch Organization

The executive branch is organized hierarchically. Cabinet departments, agencies, and bureaus are the operating parts. Departments are the largest subunits, headed by a secretary. Clientele agencies serve specific groups. The Internal Revenue Service (IRS) is the chief revenue agency. Political considerations impact internal and external security agencies. Regulatory agencies regulate industries. Agencies of redistribution influence the economy.

Controlling Bureaucracy

Presidential management authority has expanded, but Congress also controls bureaucracy through oversight and appropriations (funding). Clarifying legislative intent is another way to ensure accountability.

Civil Liberties and Civil Rights

“Civil liberties” are individual rights and freedoms the government cannot interfere with. Civil rights are protections of citizen equality provided by the government. Both stem from the 14th Amendment.

The Bill of Rights

The Bill of Rights was added to the Constitution to protect citizens from government action. Civil rights became part of the Constitution in 1868 with the 14th Amendment (“equal protection of the laws”).

The 14th Amendment and Incorporation

Initially, the Bill of Rights only limited the national government. The 14th Amendment’s due process and equal protection clauses led to “incorporation,” applying most of the Bill of Rights to the states. By the 1960s, most provisions were incorporated.

First Amendment: Freedom of Religion

The establishment clause and free exercise clause address religion’s role in public life. Interpretations of the establishment clause:

  • Government cannot establish an official church.
  • Government cannot favor one religion but can assist religious institutions without favoritism.
  • A “wall of separation” between church and state.

The free exercise clause protects religious belief and practice, and the right to be a nonbeliever. The Court distinguishes between beliefs and actions.

First Amendment: Freedom of Speech and Press

Freedom of speech and press are crucial, but some types of expression are debated. “Strict scrutiny” places a heavy burden on the government to restrict speech. Political speech was a primary concern for the Constitution’s framers. “Speech plus” (speech with conduct) is conditional. The press is protected from “prior restraint” (censorship), except for broadcast media. Libel, slander, obscenity, fighting words, and commercial speech have some protection but may fall outside absolute protection.

Second Amendment: Right to Bear Arms

The Second Amendment protects the right to bear arms in militia service. In 2008, the Supreme Court ruled it also protects an individual’s right to own a gun for self-defense.

Rights of the Criminally Accused

“Due process” ensures fairness. The exclusionary rule bars illegally obtained evidence. “Double jeopardy” prevents multiple trials for the same crime. The Miranda rule requires informing arrested individuals of their rights. “Eminent domain” allows the government to take private property for public use with fair compensation. The Eighth Amendment protects against “cruel and unusual punishment,” often debated regarding the death penalty.

Right to Privacy

The right to privacy is implied in the Bill of Rights. *Griswold v. Connecticut* and *Roe v. Wade* established and extended this right. *Lawrence v. Texas* extended privacy protections to homosexuals.

Civil Rights: Protections by the Government

From 1896 to WWII, “separate but equal” facilities were deemed constitutional. After WWII, the Supreme Court undermined this doctrine, declaring it unconstitutional in *Brown v. Board of Education*. This led to battles for equal protection in education, employment, housing, and voting. School desegregation faced resistance. Civil rights groups used direct action and media to pressure the government. Title VII of the Civil Rights Act of 1964 outlawed job discrimination. The Voting Rights Act of 1965 strengthened voting rights. Increased political participation by minorities has changed American politics.

Extending Civil Rights

Civil rights protections extended to women, Latinos, Asian Americans, Native Americans, disabled Americans, and gays and lesbians.

Affirmative Action

Affirmative action seeks to remedy past discrimination. It’s controversial, with opponents arguing it creates group rights and quotas. Proponents argue it’s necessary due to historical discrimination. Conflicts over affirmative action continue.