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CHAPTER 16 THE JUDICIAL SYSTEM

CHAPTER 16 THE JUDICIAL SYSTEM. Roots of the Federal Judiciary Constitution creates high Court Congress establishes others Judges have life tenure

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Text of CHAPTER 16 THE JUDICIAL SYSTEM. Roots of the Federal Judiciary Constitution creates high Court ...

  • CHAPTER 16THE JUDICIAL SYSTEM

  • Roots of the Federal JudiciaryConstitution creates high CourtCongress establishes others Judges have life tenure with good behaviorConstitution is silent on judicial review

  • DUAL COURT SYSTEMFEDERAL AND STATESSUPREME COURT LINKS BOTHSUPREME COURT RULES OVER BOTHCH 18 SUM

  • THE COURTS REAL POWER

    JUDICIAL REVIEW

    MARBURY V MADISON (1803)

    CH 18 SUM

  • INFERIOR CONSTITUTIONAL COURTSDISTRICT COURTSCOURT OF APPEALSCOURT OF APPEALS FOR THE FEDERAL CIRCUIT

    CH 18 SUM

  • SPECIAL (LEGISLATIVE) COURTSU.S. CLAIMSTERRITORIALDISTRICT OF COLUMBIAMILITARY APPEALSTAX COURTCH 18 SUM

  • THE U.S. SUPREME COURT9 MEMBERS(NOT SET BY CONSTITUTION)TERM OF OFFICE = LIFE

    RELEASE OPINIONSMAJORITYCONCURRINGDISSENTINGCH 18 SUM

  • THEMISBLIND JUSTICE

    SCALES&SWORD

  • THE U.S. SUPREME COURT BUILDING

  • LOCATION OF THEU.S. SUPREME COURT BUILDING

  • Chief Justice John Roberts

    Associate JusticesAnthony ScaliaAnthony KennedyClarence ThomasRuth Bader GinsbergStephen BreyerSamuel AlitoSonia SotomayorElena Kagan

  • 2012 Supreme Court Official Photo

  • The Federal CourtsChapter 16Edwards, Wattenberg, and LineberryGovernment in America: People, Politics, and PolicyFourteenth Edition

  • The Nature of the Judicial SystemTwo types of cases:Criminal Law: Government charges an individual

    Civil Law:Dispute between two individuals

    Most cases tried/resolved in state courts

  • Participants in the Judicial SystemLitigantsPlaintiffthe party bringing the charge

    Defendantthe party being charged

    Jurypeople deciding the case

  • Supreme Court salaries (2014)Justices $213,900, Chief Justice $223,500

  • Back

  • The Structure of the Federal Judicial SystemDistrict Courts (91 federal courts)Original Jurisdiction (Trial Court)

    Case Jurisdiction Federal crimesCivil suits under federal law and across state linesSupervise bankruptcy and naturalizationReview some federal agenciesAdmiralty and maritime law casesSupervision of naturalization of aliens

  • 12 Courts of AppealAppellate JurisdictionReviews legal issues in cases from lower courtsHold no trials and hear no testimony

    U.S. Court of Appeals for the Federal Circuit specialized cases

    Both focus on errors of procedure and law

  • The Supreme CourtEnsures uniformity in interpreting national lawsResolves conflicts among statesMaintains national supremacy in law

    Some original jurisdiction,but mostly appellate jurisdiction

  • SELECTING FEDERAL JUDGES Presidents nominates, Senate Confirms. Use of senatorial courtesy. Competence, use of ABA ratings. Ideology or policy preferences. Needs political support. Religion, race, ethnicity, and gender.

  • CONFIRMATION IS A POLITICAL PROCESS

  • Back

  • The Courts as PolicymakersAccepting CasesUse the rule of four to choose casesIssues a writ of certiorari to call up the caseSupreme Court accepts few cases each year

  • Making DecisionsOral arguments heard by the justicesJustices discuss the caseOne justice will write the majority opinion

    Majority OpinionWinning side and legal arguments.

    Dissenting opinions Written by justices who oppose the majority.

    Concurring opinions Support of the majority- stress a different legal basis.

  • The Courts as PolicymakersJudicial implementation

    Courts weakest link

    Must rely on others to carry out decisions

  • CHECKS ON THE POWER OF THE COURT

    LACK OF ENFORCEMENT(NO JUDICIAL POLICE) (PRESIDENT ANDREW JACKSON)SENATE MUST OK JUDGESCONGRESS CAN IMPEACH JUDGESCONGRESS CAN CHANGE # OF JUDGESLAWS CAN BE REWRITTENTHE CONSTITUTION CAN BE AMENDED

  • JOHNMARSHALL

    4THCHIEFJUSTICE OF THEU.S.SUPREMECOURT(1801-1835)

  • EARLWARREN

    CHIEFJUSTICE1953-1969

    (LIBERAL)(NIXON)

  • WILLIAMREHNQUIST

    CHIEFJUSTICE1986-2005

    (CONSERVATIVE)(REAGAN)

  • JOHNROBERTS CHIEF JUSTICE 2005 - ???? (CONSERVATIVE)(GEORGE W BUSH)

  • Understanding the CourtsThe Courts and Democracy

    Courts are not very democratic.Not elected

    The courts dont always reflect popular majorities.

    Conflicting rulings lead to deadlock and inconsistency.

  • What Courts Should Do:The Scope of Judicial PowerJudicial restraint Judges should play a minimal policymaking role

    Judicial activism Judges should be just, even if charting new constitutional ground

  • STRICT CONSTRUCTIONIST APPROACH(THE LETTER OF THE LAW)VACTIVIST APPROACH OR LOOSE CONTRUCTIONALIST APPROACH(THE SPIRIT OF THE LAW)(JUDICIAL LEGISLATION)

  • SummaryJudicial policymaking and implementation occur in lower federal and state courts.

    Many important questions are heard by the courts.Much decision making is limited by precedent.

    Even the unelected courts promote democratic values.

  • The Courts and the Policy Agenda A Historical ReviewJohn Marshall and the Growth of Judicial ReviewMarbury v. Madison (1803) established judicial reviewcourts determine constitutionality of acts of CongressThe Nine Old Men (New Deal)The Warren CourtThe Burger CourtThe Rehnquist Court

  • 1787-1861 ERAFEDERAL-STATE RELATIONSMcCULLOCH v MARYLAND (1819)

    SLAVERYDRED SCOTT v SANDFORD(1857)

  • 1862-1937 ERAGOVT - ECONOMY RELATIONSHIPFOR PRIVATE PROPERTY RIGHTSLAISSEZ-FAIRE CAPITALISMFOR STATE REGULATION RIGHTS

  • 1938-2000PROTECTION OF PERSONAL LIBERTIES

    2000 - ???LIMITS OF GOVERNMENT POWER ???PROTECTION OF SOCIETY ???

  • USSC DECIDES WHICH CASES TO HEARAPPEALATE JURISDICTIONFROM OTHER COURTSTHE RULE OF FOUR

    ORIGINAL JURISDICTION

  • ORAL ARGUMENTSPRESENTED FOR SOME CASES30 MINUTES FOR EACH SIDEJUSTICES ASK QUESTIONSAT ANYTIME

  • JUSTICES MEET IN SECRETDISCUSSVOTEOPINION ASSIGNED

  • OPINIONS ARE WRITTEN AND RELEASEDMAJORITYABOUT 1/3 ARE UNANIMOUSCONCURRING

    DISSENTING

  • COURTS PLAY A LARGE ROLE IN PUBLIC POLICY

    THE POWER OF JUDICIAL REVIEWCOURTS = MORE POWERFUL

    INCREASED ROLE OF GOVT COURTS = MORE POWERFUL

  • AP CH 14 - THE JUDICIARYIMPORTANT TERMS-SET 1- PART AACTIVIST APPROACHAMICUS CURIAEAPPELLATE JURISDICTIONBLOC VOTINGCIVIL LAWCLASS-ACTION SUITCONSTITUTIONAL COURTCRIMINAL LAWDIVERSITY CASESDRED SCOTT v STANFORD

  • FEE SHIFTINGFRIDAY CONFERENCEJUDICIAL REVIEWPOLITICAL QUESTIONSENATORIAL COURTESYSOLICITOR GENERALSTANDINGSTRICT-CONSTRUCTIONALISTSTARE DECISISWRIT OF CERTIORARIAP CH 14 - THE JUDICIARYIMPORTANT TERMS-SET 1- PART B

  • AP CH 14 - THE JUDICIARYIMPORTANT TERMS-SET 2-PART AACTIVIST APPROACH (JUDICIAL)BRIEFCONCURRENT OPINIONCOURTS OF APPEALDISSENTING OPINIONDISTRICT COURTFEDERAL QUESTION CASES

  • IN FORMA PAIPERISLEGISLATIVE COURTLITMUS TESTOPINION OF THE COURTPER CURIAM OPINIONPLAINTIFFSOVEREIGN IMMUNITYSTRICT CONSTRUCTIONALIST APPROACHAP CH 14 - THE JUDICIARYIMPORTANT TERMS-SET 2-PART B

  • AP CH 14 - THE JUDICIARYOBJECTIVES PAGE 11-EXPLAIN WHAT JUDICIAL REVIEW IS, AND TRACE ITS ORIGIN IN THIS COUNTRY TO MARBURY v MADISON.

    2-LIST AND COMMENT ON THE THREE ERAS OF VARYING SUPREME COURT INFLUENCES ON NATIONAL POLICY SINCE THE DAYS OF SLAVERY.

  • AP CH 14 - THE JUDICIARYOBJECTIVES PAGE 23-EXPLAIN WHAT IS MEANT BY A DUAL COURT SYSTEM AND DESCRIBE THE EFFECTS IT HAS ON HOW CASES ARE HANDLED AND APPEALED.

    4-LIST THE VARIOUS STEPS THAT CASES GO THROUGH TO BE APPEALED TO THE SUPREME COURT.

    5-SHOULD THE SUPREME COURT BE ACTIVIST BY NATURE?

  • AP CH 14 - THE JUDICIARYQUESTIONS1-WHAT HAS BEEN THE HISTORY OF THE COURTS VIEW ON ECONOMIC REGULATION?

    2-WHAT WAS ROOSEVELT COURT-PACKING PLAN? WHAT DOES IT SUGGEST ABOUT THE SUPREME COURT AND OTHER BRANCHES OF GOVERNMENT?

    3-HOW WOULD YOU DESCRIBE THE CULTURE OF THE SUPREME COURT?

  • 4-IS THE SUPREME COURT A POLITICAL INSTITUTION? SHOULD IT BE? EXPLAIN BOTH ANSWERS.

    5-IS THE POWER OF THE JUDICIARY LIMITED BECAUSE THEY LACK THE POWER OF THE SWORD AND THE POWER OF THE PURSE?

    6-WHAT ARE THE CHECKS ON THE POWER OF THE JUDICIARY BRANCH? ARE THEY EFFECTIVE?AP CH 14 - THE JUDICIARYQUESTIONS (CONT)