Judges
Strict Constructionists
Only interpret the Constitution when asked
ActivistsStudy the
ConstitutionActively find
issues/cases and rule on them
Know your M & M’s
Marbury v Marbury v MadisonMadison
Midnight judgesPower of the US
Supreme Court
McCulloch v McCulloch v MarylandMaryland
Judicial reviewSupremacy
Clause
The Dred Scott Decision
Slavery and the Supremacy Clause
A slave in a free state is free?
Federal laws above state lawsA slave is property
Characteristics of the US Court system
A Dual Court system
Can be altered by Congress
(# of courts/ judges)
Federal Courts
State Courts
Get a Job….
Judges are selected by the President
Senatorial courtesyLitmus testsConfirmed by the SenateMost have the job for lifeMost have the job for lifeSome special courts have termsSome special courts have terms
Special/Constitutional Courts
2 kinds of Federal Courts
Constitutional—in the Const.
Special—Created by Congress
Some Examples of Courts
Special Special
Territorial Courts
DC Courts
Veteran’s Courts
ConstitutionalConstitutional
94 District
12 District Appeals
Military Courts
International Trade
4 Era’s of the US Supreme Court
1800 1900 1968________________________________________
1860 1930 1990
1800-1860 Internal/Governmental questions
1860-1920 Economy/Labor/Business1930-1968 Social questions1990-Today States rights
The US Supreme Court Process
Outline/Define the steps
1. # of cases/year
2. # of Justices to get the case
3. Certiorari/Certificate
4. Standing/Sovereign immunity
Process continued
5. Class-action suits/in forma pauperis
6. Briefs/Amicus7. Oral Arguments8. The conference/vote9. The opinion/decision
(Precedents)
Impact of Decisions
Some are quick-no brainers
(stare decisis)Influence policies (Plessey-
Brown)Can make great changes (459)
Checks and Balances
ExecutiveSelect judges(senatorial
courtesy)
Legislative Create courtsAlter # of JudgesImpeachmentMake lawsApprove
appointments