America and Arizona Government for Elementary Teachers

Presentation 9: The Courts

Presentation Objectives

AEPA Objectives0011 Understand the structure, organization, and operation of

the federal government.

AZ Social Studies Standard, Strand 3

Concept 2: Structure of Government

Role of the Judiciary

Primary role is to adjudicate

Uphold the Rule of Law

Role of the Judiciary

Settle Disputes

Role of the Judiciary

Social Control Criminal proceedings Civil Dispute

settlements, punitive awards

Guarantee rights of minority groups

Judicial Review – adjudicating regarding the political system itself

Actors in Judiciary

Litigants Plaintiff and defendant

Standing to Sue

Actors in Judiciary

Attorneys Trained in law and rules of

procedure Maintain order by limiting

speaking rights

Jury

Actors in Judiciary

Judge Arbiter, Referee in

adversarial system Most appointed, some

elected

Judicial Appointment

It’s a political process Clarence Thomas

example Thurgood Marshall

example Judges campaign for

the position

Judge Robert Bork was an unsuccessful nominee of President Ronald Reagan

Judicial Appointment

Confirmation usually a rubber stamp, but not always Only 5 nominees rejected in

one hundred years More often the nomination

is withdrawn – Harriet Meyers example

Hard to predict behavior Composition of current court

George W. Bush and Harriet Miers

US Court System

Paths to the Supreme Court

Judicial Review

Marbury v. Madison

Chief Justice John Marshall

Judicial Review

Activist v. Strict Constructionist views

Conclusion

Chilean Dictator Pinochet

Russian Supreme Court

Colombian Supreme Court

This Presentation

This presentation is courtesy of Brian Dille, Professor of Political Science at Mesa Community College.