The Judicial Branch: Interpreting the Law
The judicial branch is one of the three branches of the federal government, along with the legislative branch (Congress) and the executive branch (the president and executive departments). The role of the judicial branch is to interpret and apply the laws that the legislative branch enacts. This includes deciding if laws follow the Constitution.
Federal Court System
There are three main levels of federal courts – district courts, circuit courts of appeals, and the Supreme Court. Cases start in district courts, then can be appealed up to circuit courts, and finally to the Supreme Court. However, the Supreme Court chooses which cases to hear, so very few make it all the way up the system.
District Courts
There are 94 district level trial courts across the United States and its territories. These courts hear both civil and criminal cases that fall under federal jurisdiction. For example, cases involving federal laws, the U.S. government, or disputes between states or citizens of different states. District court decisions can be appealed to the circuit courts.
Some key roles of district courts include:
- Conducting trials for criminal cases
- Holding hearings and trials for civil cases
- Sentencing convicted criminals
- Resolving disputes between parties through settlements
District court judges are nominated by the president and confirmed by the Senate. They serve lifetime appointments.
Circuit Courts of Appeals
There are 13 circuit courts that hear appeals from district courts in their circuit. These courts do not hold trials or hear witnesses. Instead, they review decisions from the lower courts for errors based on legal precedent and procedure.
Circuit courts hear appeals on civil and criminal cases from district courts. They can uphold rulings or overturn all or part of lower court decisions. Rulings from circuit courts can also be appealed up to the Supreme Court.
As with district courts, circuit court judges are nominated by the president and confirmed by the Senate to lifetime appointments.
The Supreme Court
The Supreme Court of the United States is the highest court in the federal judiciary. Under Article III of the Constitution, the Supreme Court has ultimate jurisdiction over all federal courts and over state court cases that involve federal law.
Some key roles and powers of the Supreme Court include:
- Being the final arbiter in legal disputes on federal law
- Determining if laws adhere to or violate the Constitution
- Setting precedents that lower courts must follow for future similar cases
- Hearing appeals from lower federal courts and from state high courts
- Resolving disputes between states
Supreme Court justices are nominated by the president and confirmed by the Senate, just like lower federal judges. However, Supreme Court appointments are for life. Justices serve until they resign, pass away, or are impeached and removed by Congress.T
here are currently nine justices on the Supreme Court. The chief justice serves as the head of the Court.
Checks on Judicial Power
While federal courts have significant power to interpret laws, their rulings can be checked by the other branches of government:
Congress
- Can propose Constitutional amendments to override Court rulings
- Can impeach and remove judges and justices for misconduct
- Controls jurisdiction of courts below the Supreme Court
President
- Nominates judges and justices
- Can pardon those convicted of federal crimes, overriding sentences
States
- Can nullify federal law if it violates state sovereignty
- State officials must enforce Court rulings under the Constitution
No one branch has absolute power. Checks from the other branches and state governments ensure judicial independence while limiting overreach.
Key Roles of Federal Courts
Federal courts have several vital roles in the United States’ system of government and law:
Constitutional Interpretation
The federal judiciary determines if laws passed by Congress and signed by the president adhere to the U.S. Constitution. This power of judicial review allows federal courts to strike down statutes that violate the Constitution.
Landmark cases like Marbury v. Madison (1803) established judicial review over federal laws under the Constitution. Over two centuries, the Supreme Court has ruled many federal and state laws unconstitutional.
Set Precedent
Precedent refers to the way courts use prior decisions in similar cases to guide current rulings. The principle of stare decisis requires judges to follow precedent set by higher courts on comparable cases.
Supreme Court decisions are binding on all lower federal and state courts. Precedent keeps the law consistent, though prior rulings can be overturned under certain circumstances.
Protect Rights and Liberties
Federal courts are essential for safeguarding the civil rights and civil liberties granted under the Constitution and subsequent amendments. This includes rights like due process, equal protection, free speech, freedom of religion, the right to vote, and more. Courts enforce these rights when they are violated by federal, state, or local laws.
Historically, the Supreme Court has issued landmark rulings advancing and protecting essential rights, like Brown v. Board of Education (1954) banning racial segregation in schools.
Resolve Disputes
Courts provide an impartial forum for resolving legal disputes between parties, including the government. This includes both criminal cases and civil cases dealing with issues like contracts, personal injury, employment discrimination, etc.
Federal courts handle disputes arising under federal law or involving residents of different U.S. states. Their rulings provide finality in legal conflicts.
Criticisms of the Federal Judiciary
While federal courts play indispensable roles, they also face criticism on some fronts, including:
Judicial Activism
Critics argue that federal judges sometimes overstep by “legislating from the bench” – imposing their policy preferences rather than strictly interpreting and applying the law. Cases of perceived judicial activism often involve rulings on controversial social issues.
Politicization
In recent decades, confirmation of Supreme Court justices and lower court judges has become highly politicized and partisan. Critics say this erodes public faith in the impartiality of courts. However, others counter that ideological diversity still allows for unbiased rulings.
Lack of Representation
Some argue the judicial branch lacks diversity compared to the nation’s demographics. For example, the Supreme Court has had mostly white men appointed as justices throughout its history. Recent nominations have added more women, African Americans, and Hispanics to federal courts. But some view the overall makeup as unrepresentative.
Access Barriers
Federal courts are often seen as favoring wealthy parties who can afford expensive attorneys and drawn-out litigation. Rules of procedure and decorum may also intimidate non-lawyers. Critics contend this limits access to justice for poor and middle-income citizens. Proposals for reform include streamlining court processes and expanding legal resources.
The Judiciary in Government and Society
Independent federal courts are indispensable to America’s constitutional system of checks and balances between the three branches of government. They reinforce separation of powers, rule on the legality of government actions, and protect rights. The federal judiciary also underpins civil society by peacefully and definitively resolving disputes through fair judicial processes.
While not without flaws, the federal court system established by Article III of the Constitution has provided stability in applying the rule of law for over two centuries since the founding of the United States. The independence and integrity of federal courts continues to bolster American democracy.