UNBIASED Politics: Part II – Everything You Need to Know About the Judicial Branch of the U.S. Government Hosted by Jordan Berman | Release Date: May 19, 2025

Introduction to the Judicial Branch

In the second installment of the three-part series on the U.S. Government, host Jordan Berman delves deep into the Judicial Branch, elucidating its foundational elements, historical evolution, and its pivotal role within the system of checks and balances. Building on the Legislative Branch discussion from the previous episode, Berman aims to equip listeners with a comprehensive understanding of how the federal judiciary operates and interacts with the other branches of government.

Foundations of the Judicial Branch

Berman begins by outlining the Constitutional Basis of the Judicial Branch, primarily found in Article III of the U.S. Constitution. He explains:

• Section 1: Establishes the Supreme Court and allows Congress to create inferior courts. Judges receive compensation and hold their positions during "good behavior" (00:25).

• Section 2: Details the jurisdiction of federal courts, including cases involving the Constitution, federal laws, treaties, and disputes between states or citizens of different states (05:10).

• Section 3: Defines treason and its prosecution, emphasizing the requirement of two witnesses or a confession in open court (10:45).

Berman emphasizes the Vagueness of Article III, noting that the framers left significant aspects of the judiciary to be determined by Congress, reflecting their uncertainty about the judiciary's long-term role (15:30).

Judicial Review and Its Origins

A significant portion of the episode is dedicated to Judicial Review, the power of courts to interpret the Constitution and invalidate laws or executive actions that violate it. Berman explains that this power was not explicitly stated in the Constitution but was established through the landmark case Marbury v. Madison (1803). He quotes:

"The power of judicial review was actually granted by one of the court's own cases" (20:15).

This decision, authored by Chief Justice John Marshall, positioned the Supreme Court as a co-equal branch of government with the authority to oversee and limit the actions of both the Legislative and Executive branches.

Checks and Balances Involving the Judiciary

Berman explores how the Judicial Branch interacts with and is checked by the other branches:

• Legislative Checks:

  • Confirmation of Judges: Congress must confirm judicial appointments made by the President.
  • Setting Jurisdiction: Congress can define the types of cases federal courts hear.
  • Establishing Lower Courts: Congress has the authority to create and structure inferior courts (30:00).

• Executive Checks:

  • Enforcement of Rulings: The Executive Branch is responsible for enforcing Supreme Court decisions, albeit sometimes with delays or selective implementation (35:45).

Berman illustrates these interactions with practical examples, such as how Congress can amend laws in response to Supreme Court decisions or how Presidents might respond to judicial rulings with new executive orders.

Historical Evolution of the Judiciary

The episode provides a historical overview of the Judicial Branch, tracing its development from the early years of the Republic to the present day:

• Early Judiciary: Initially, the judiciary was overshadowed by the Legislative and Executive branches. It wasn't until the Judiciary Act of 1789 that the federal court system was systematically established.

• Marbury v. Madison (1803): This case not only resolved a specific appointment dispute but also cemented the principle of judicial review, dramatically increasing the Court's influence (40:20).

• 19th Century Developments: Cases like Fletcher v. Peck (1810) and Dred Scott v. Sandford (1857) showcased the Court's role in pivotal national issues, though not always wielded judiciously.

• 20th Century Shifts: The New Deal era saw significant tensions between the Supreme Court and the Executive Branch, culminating in FDR's court-packing plan. While unsuccessful, it led to a more cooperative relationship, evidenced by landmark rulings on civil rights and liberties under Chief Justice Warren Burger (50:50).

• Modern Era: The Court has continued to evolve, addressing contemporary issues such as same-sex marriage, affirmative action, and executive authority, often reflecting the prevailing political and social climates (60:30).

Structure of the Federal Court System

Berman breaks down the hierarchical structure of the federal judiciary, likening it to a pyramid:

1. Federal District Courts (Bottom Third):

   • 94 District Courts across the states.
   • Serve as the trial courts where cases are initially filed (70:00).

2. Federal Appellate Courts (Middle Third):

   • 13 Circuit Courts of Appeals, each covering specific geographic regions or specialized jurisdictions.
   • Handle appeals from district courts and can overturn lower court decisions (80:15).

3. Supreme Court of the United States (Top Third):

   • Comprises 9 Justices, including one Chief Justice.
   • The highest authority, hearing select cases of national significance (90:00).

Berman explains the appeal process, noting that the Supreme Court accepts only about 100 out of 7,000-8,000 petitions annually, focusing on cases that have broad implications or address conflicting decisions among circuit courts (85:45). He highlights the distinction between judges in lower courts and justices on the Supreme Court, stressing the lifetime tenure and rigorous confirmation process for Supreme Court Justices (95:30).

Role and Responsibilities of Supreme Court Justices

The discussion includes the roles of the Chief Justice and Associate Justices:

• Chief Justice:

  • Leads the Supreme Court.
  • Presides over impeachment trials.
  • Oversees the administration of the federal judiciary (100:00).

• Associate Justices:

  • Participate in deciding cases.
  • Contribute to discussions and opinions but have no additional administrative duties.

Berman shares insights into how justices are assigned to circuits for handling appeals and the importance of cert memos prepared by law clerks to streamline case reviews (105:20). He also touches on the political implications of judicial appointments and retirements, using the example of Justice Ruth Bader Ginsburg's appointment by President Trump to illustrate how timing can affect the Court's ideological balance (120:10).

Checks and Balances Revisited

Reiterating the interconnectivity of the branches, Berman underscores that while the Judicial Branch wields significant power through judicial review, it remains subject to checks by both the Legislative and Executive branches. This balance ensures that no single branch becomes overwhelmingly dominant, maintaining the foundational principle of separation of powers (125:50).

Fun Facts and Traditions

To add a lighter touch, Berman shares interesting trivia about the Supreme Court:

• Quill Pens: White goose feather quill pens are placed on attorneys' tables during sessions as ceremonial items, often kept as souvenirs (130:30).

• Cafeteria Traditions: Justice Elena Kagan is noted for installing the first frozen yogurt machine in the Supreme Court cafeteria, a member of a tradition where new justices manage the cafeteria as a humbling experience (135:00).

Berman also highlights the lack of a permanent Supreme Court building until 1935, emphasizing the judiciary's initially minimal prominence compared to Congress and the Presidency (140:45).

Conclusion

Jordan Berman concludes the episode by reinforcing the critical role of the Judicial Branch in interpreting laws, safeguarding constitutional rights, and shaping societal norms through landmark rulings. He encourages listeners to appreciate the complexities and importance of the judiciary within the broader governmental framework, ensuring they are well-informed about how legal decisions impact daily life.

"The judicial branch keeps the other two branches in check by interpreting laws and striking down unconstitutional actions" (150:20).

Berman invites listeners to share the episode with others seeking clarity on governmental operations and previews the upcoming discussion on the Executive Branch in the next episode.

Notable Quotes

• Jordan Berman [05:10]: "Each branch has distinct powers, but they also have mechanisms in place so that each branch can check and balance one another."

• Jordan Berman [20:15]: "The power of judicial review was actually granted by one of the court's own cases."

• Jordan Berman [150:20]: "The judicial branch keeps the other two branches in check by interpreting laws and striking down unconstitutional actions."

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