American American Politics:Politics:CourtsCourts

January 7, 2008January 7, 2008

AnnouncementsAnnouncements

Take home essay to be distributed Take home essay to be distributed tomorrow, 8 January; due 10 January.tomorrow, 8 January; due 10 January.

Take home essay will be posted at Take home essay will be posted at noon tomorrow on my website: noon tomorrow on my website: www.jkarp.com/f2007/www.jkarp.com/f2007/. Essays will . Essays will also be distributed via email to your also be distributed via email to your university address.university address.

Please note: It is YOUR responsibility Please note: It is YOUR responsibility to obtain the exam. to obtain the exam.

The Nomination ProcessThe Nomination Process

Iowa Caucus (3 Jan)Iowa Caucus (3 Jan) Barack Obama wins the Democratic Barack Obama wins the Democratic

caucus; Mike Huckabee wins the caucus; Mike Huckabee wins the Republican caucusRepublican caucus

New Hampshire Primary (tomorrow, New Hampshire Primary (tomorrow, 8 Jan)8 Jan) Obama and McCain lead; Obama has a Obama and McCain lead; Obama has a

13% lead over Clinton and McCain leads 13% lead over Clinton and McCain leads by 7% over Romney (by 7% over Romney (USA Today/GallupUSA Today/Gallup))

The Courts—The Third The Courts—The Third BranchBranch

Powerful, but not DemocraticPowerful, but not Democratic Supreme Court has nine unelected Supreme Court has nine unelected

judges appointed for life and are judges appointed for life and are independent from one anotherindependent from one another

Responsive? Responsive? Accountable?Accountable?

Power of the Supreme Power of the Supreme CourtCourt

Originally intended to interpret the Originally intended to interpret the constitutionconstitution

Principal of Judicial ReviewPrincipal of Judicial Review Allows the SC to declare the acts of Allows the SC to declare the acts of

president and Congress president and Congress unconstitutionalunconstitutional

Role of the Court in Civil Rights and Role of the Court in Civil Rights and Bush v. GoreBush v. Gore

Limitations on powerLimitations on power

Courts are reactive (can only hear Courts are reactive (can only hear cases brought before them)cases brought before them)

Lack of enforcementLack of enforcement Limited by the ability of Congress Limited by the ability of Congress

and the president to write new laws and the president to write new laws (or constitutional amendments)(or constitutional amendments)

Public opinionPublic opinion

The Structure of the The Structure of the Federal JudiciaryFederal Judiciary

Only the Supreme Court is explicitly Only the Supreme Court is explicitly mentioned in the Constitution (Article mentioned in the Constitution (Article III).III).

Nature of the judiciary beyond the Nature of the judiciary beyond the Supreme Court deferred to Congress.Supreme Court deferred to Congress.

Judiciary Act of 1789 - created the Judiciary Act of 1789 - created the federal judiciary.federal judiciary.

The federal judiciary is organized as a The federal judiciary is organized as a three-layered pyramid.three-layered pyramid.

The Supreme CourtThe Supreme Court

The The Supreme CourtSupreme Court is the court of final is the court of final appeal.appeal.

Under its appellate jurisdiction, the Under its appellate jurisdiction, the Court may hear cases appealed from Court may hear cases appealed from the lower courts or directly from the the lower courts or directly from the highest state courts when an important highest state courts when an important constitutional question is in dispute.constitutional question is in dispute.

Decision on which cases to accept is Decision on which cases to accept is based on the Rule of Four.based on the Rule of Four.

Supreme Court’s Case Supreme Court’s Case LoadLoad

In a few rare situations the SC has In a few rare situations the SC has original jurisdiction (meaning it is original jurisdiction (meaning it is the first to hear the case). Example: the first to hear the case). Example: disputes between statesdisputes between states

Another unusual route is Another unusual route is certification, when an appeals court certification, when an appeals court requests a review to settle a requests a review to settle a question of law.question of law.

The majority of cases are appeals The majority of cases are appeals (via the Court of Appeals). (via the Court of Appeals).

Deciding CasesDeciding Cases

English Common lawEnglish Common law Principal of stare decisis (precedent)Principal of stare decisis (precedent) Judicial restraint vs. judicial activismJudicial restraint vs. judicial activism

ReasoningReasoning

Majority opinionsMajority opinions The Court majority sends a signal to lower The Court majority sends a signal to lower

courts, lawyers, potential litigants and others courts, lawyers, potential litigants and others how they are likely to treat similar cases in the how they are likely to treat similar cases in the future.future.

Concurring opinionsConcurring opinions Agrees with decision but not reasoningAgrees with decision but not reasoning

Dissenting opinionsDissenting opinions Explains why they disagreed with the ruling. Explains why they disagreed with the ruling.

Dissents can be important as they lay the Dissents can be important as they lay the groundwork for future decisions.groundwork for future decisions.

Checks on the JudiciaryChecks on the Judiciary Executive ChecksExecutive Checks

AppointmentsAppointments Legislative ChecksLegislative Checks

Appropriation of fundsAppropriation of funds Constitutional amendmentsConstitutional amendments Amending laws to overturn court’s rulingsAmending laws to overturn court’s rulings

Public OpinionPublic Opinion Influence judicial opinionsInfluence judicial opinions enforcementenforcement

The CourtThe Court stare decisisstare decisis Judicial restraintJudicial restraint

Civil LibertiesCivil Liberties

We classify as We classify as civil libertiescivil liberties the the Constitution’s protections Constitution’s protections fromfrom government power. government power.

Freedom of speech, religion and the Freedom of speech, religion and the right to privacy are examples. right to privacy are examples.

Typically violations of these liberties Typically violations of these liberties occur when some government agency, occur when some government agency, at any level, oversteps its authority.at any level, oversteps its authority.

Who protects civil Who protects civil liberties?liberties?

Does the constitution guarantee Does the constitution guarantee certain absolute civil liberties?certain absolute civil liberties?

Truth is that our interpretations of Truth is that our interpretations of these freedoms constantly change.these freedoms constantly change.

Question of how to balance Question of how to balance individual liberties with societal individual liberties with societal rightsrights

Cases Involving Civil Cases Involving Civil LibertiesLiberties

Free Speech, Free Speech, Schenck v. United States (1919) Schenck v. United States (1919) clear and present dangerclear and present danger

Freedom of Press, Freedom of Press, New York Times v. Sullivan New York Times v. Sullivan (1964) (1964) Libel violates 1Libel violates 1stst Amendment Amendment

Obscenity, Obscenity, Roth v. United States (1957)Roth v. United States (1957) Court attempts to define obscenityCourt attempts to define obscenity

Establishment Clause, Establishment Clause, Lemon v. Kurtzman (1971)Lemon v. Kurtzman (1971) Three part test for judging constitutionality of division Three part test for judging constitutionality of division

between church and statebetween church and state Gun Control, Gun Control, United States v. Miller (1939)United States v. Miller (1939)

22ndnd Amendment does not provide for absolute guarantee Amendment does not provide for absolute guarantee Right to Privacy, Right to Privacy, Roe v. Wade (1973)Roe v. Wade (1973)

Landmark case on abortionLandmark case on abortion

The Patriot Act – The Patriot Act – A Threat to Civil Liberties?A Threat to Civil Liberties?

Change in protections from Change in protections from unreasonable search and seizureunreasonable search and seizure

Detention of non-citizens, Detention of non-citizens, immigrantsimmigrants

Racial profilingRacial profiling

Bush v. Gore (2000)Bush v. Gore (2000) Supreme Court decides the 2000 Presidential Supreme Court decides the 2000 Presidential

ElectionElection By a vote of 7-2, the Court held that the Florida By a vote of 7-2, the Court held that the Florida

Supreme Court's scheme for recounting ballots Supreme Court's scheme for recounting ballots was unconstitutional, and by a vote of 5-4, the was unconstitutional, and by a vote of 5-4, the Court held that no alternative scheme could be Court held that no alternative scheme could be established within the time limits established by established within the time limits established by Florida Legislature Florida Legislature

Equal Protection of the laws (14Equal Protection of the laws (14thth Amendment): Amendment): The state-wide standard (that a "legal vote" is The state-wide standard (that a "legal vote" is

"one in which there is a 'clear indication of the "one in which there is a 'clear indication of the intent of the voter.'"could not guarantee that intent of the voter.'"could not guarantee that each county would count the votes the same each county would count the votes the same way.way.