Ch8. The Federal Judiciary — Court Structure and Judicial Independence

Judicial Independence

Judicial independence = cornerstone of fair adjudication

① Institutional independence:
   - Art. III courts are a co-equal branch
   - Free from executive and legislative control over decisions

② Individual judicial independence:
   - Judges decide cases "under law" guided by legal
     reasoning and conscience, free from outside pressure

Art. III tenure and salary protections:
- Federal judges hold office "during good behavior"
  (effectively life tenure)
- Salary may not be reduced during service
- Removal only by impeachment and conviction by the Senate

Structure of the Federal Courts

Court hierarchy:
① District Courts (94): trial courts; 1st level (Art. III)
② Courts of Appeals (13 circuits): intermediate appellate courts
③ Supreme Court: highest court; final appellate jurisdiction

Special courts (Art. I legislative courts):
- Bankruptcy Courts, Tax Court, Court of Federal Claims,
  Court of International Trade, FISA Court

Supreme Court composition:
- 9 Justices (1 Chief + 8 Associates)
- Nomination: President nominates
- Confirmation: Senate advice and consent
- Tenure: life (Art. III good-behavior tenure)
- No fixed term; no mandatory retirement age

The Appellate Process

Three-tier federal system:
Trial (District Court) → Appeal (Court of Appeals) → Review (Supreme Court)

Each tier:
District Courts: bench trials or jury trials; fact-finding
Courts of Appeals: review district court rulings for legal error;
  panels of 3 judges; en banc review available
Supreme Court: discretionary review (certiorari);
  grants cert to roughly 60–80 cases per year

Notable exceptions (direct or expedited review):
- Three-judge district court panels in certain cases
  (reapportionment, Voting Rights Act) → direct appeal to SCOTUS
- Election law and original jurisdiction cases
  (Art. III, §2: cases between states filed directly at SCOTUS)

Military justice:
- Service members → Court-Martial → Court of Criminal Appeals
  → Court of Appeals for the Armed Forces (CAAF)
- Certiorari to Supreme Court available

Judicial Review

Judicial review (Marbury v. Madison, 1803):
Power to strike down laws or executive actions that
violate the Constitution — not explicitly in Art. III
but firmly established by Chief Justice Marshall.

Process when a statute's constitutionality is challenged:
① Party raises constitutional challenge in litigation
② District court rules on constitutional question
③ Court of Appeals reviews
④ Supreme Court may grant certiorari

Effect of ruling unconstitutional:
- Statute loses legal force (void ab initio as to the defect)
- Binding on all lower courts (stare decisis)
- Congress may re-enact in a constitutional form

Review of executive/agency action:
- Administrative Procedure Act (APA): courts review
  agency rules for being "arbitrary and capricious,"
  contrary to law, or unconstitutional
- No separate constitutional court; federal courts
  handle all constitutional questions

Federal Courts vs. Other Adjudicative Bodies

┌──────────────────┬────────────────────┬────────────────────┐
│ Feature          │ Art. III Courts    │ Art. I Courts /    │
│                  │ (Federal Judiciary)│ Admin Agencies     │
├──────────────────┼────────────────────┼────────────────────┤
│ Source           │ Constitution Art.  │ Acts of Congress   │
│                  │ III                │                    │
│ Judicial review  │ All constitutional │ Statutory/agency   │
│                  │ questions          │ questions (subject │
│                  │                    │ to Art. III review)│
│ Tenure           │ Life (good behav.) │ Fixed terms or at  │
│                  │                    │ will               │
│ Final authority  │ Supreme Court      │ Subject to Art.    │
│                  │                    │ III court review   │
└──────────────────┴────────────────────┴────────────────────┘

Supreme Court Appointment Process ★★★★★ : President nominates; Senate confirms (simple majority since 2017). Life tenure. No mandatory retirement. Chief Justice is first among equals. Memory hook: President nominates → Senate confirms → life tenure

Judicial Review of Statutes vs. Regulations ★★★★★ : Courts review statutes for constitutionality (Marbury). Courts review agency regulations under the APA for statutory and constitutional compliance. Memory hook: statute = constitutional review; regulation = APA + constitutional review

Original vs. Appellate Jurisdiction ★★★★☆ : Supreme Court has original jurisdiction in cases between states or involving ambassadors (Art. III, §2). All other SCOTUS jurisdiction is appellate (certiorari). Memory hook: original = state-v-state and ambassadors; all else = cert

Practice Quiz

Q. Which court has final authority to determine whether an executive regulation (e.g., an EPA rule) violates the Constitution?

Federal district courts decide the question first; courts of appeals review; the Supreme Court has final authority on all federal constitutional questions. Unlike Korea’s separate constitutional court, U.S. federal courts — with the Supreme Court at the apex — handle all constitutional review of statutes, regulations, and executive actions.

Q. On what grounds may a federal judge be removed from office?

Only through the congressional impeachment process: the House impeaches by simple majority; the Senate convicts by two-thirds vote. Grounds are treason, bribery, or other high crimes and misdemeanors. No president or Congress may unilaterally remove an Art. III judge — salary may not be reduced either.