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Courts in the American Political System
Courts Serve a Number of Broad Functions
Interpretation of Statutory and Administrative Law
Development and Interpretation of Common Law
Interpretation of Constitutional Law (Judicial Review) Marbury v. Madison (1803)
Structure of the Court System
S p ec ia lized F ed era l C ou rts U .S . D is tric t C ou rts(9 5 )
U .S . C ou rts o f A p p ea l(1 2 )
L ower S ta te C ou rts(S evera l p er S ta te )
C ou rts o f A p p ea l(N ot a ll S ta tes )
S ta te S u p rem e C ou rts(5 0 )
U .S . S u p rem e C ou rt
Jurisdictions and Powers
Original jurisdiction Appellate Jurisdiction Criminal/civil/administrative cases
Jurisdictions of Federal Courts
Supreme Court: Appellate and Original U.S. Courts of Appeal: Appellate U.S. District Courts & Specialized Federal
Courts: Original
Are the Courts too Powerful?
Criticisms are usually based on the Court’s structure and goals Method of Selection Term of appointment Anti-majoritarian
But Framers viewed the courts as the “least dangerous branch” Constitution had little to say about courts Other Branches have significant control Nature of judicial power limits the scope of that power
How Do Cases get to the Supreme Court?
Original Jurisdiction Cases come from U.S. Appeals Court or
from State Supreme Court. Petitioners (losers at the lower level) file a
writ of certiorari Very few writs are granted
Some factors influence the likelihood of being granted a writ of certiorari Case involves a fundamental civil rights or civil
liberties question U.S. Government is the appellant Lower court decision was ideologically liberal A high number of amicus curiae briefs
Judicial Selection
Presidential appointment, Senate confirmation Senatorial Courtesy
Influences on Judicial Appointments Representational qualifications Professional qualifications Doctrinal qualifications
Influence on Judicial Decision Making
The Law: stare decisis (precedent) Personal policy preferences
Ideology Activism v. Restraint
Other members of the court Political environment