Courts

2/28/2012

Clearly Stated Learning Objectives

• Upon completion of this course, students will be able to:– understand and interpret the United States

Constitution and apply it to present policy dilemmas

– Identify and explain the role of formal institutions and their effect on policy.

– students will have a better understanding of why our national government works and why the American system of government is unique.

Office Hours and Readings

• Readings- Chapter 11 on the Courts

• Office Hours– Today- 11-2– Wednesday 10-2

THE SUPREME COURTArticle III

The Courts in the Constitution

• Article III Section I– One supreme court

– Ability to Create others

– Tenure of office

• Article III Section 3- treason

Article III Section 2

• ambassadors and other ministers, counsels, and admiralty

• controversies between two or more states

• between citizens vs foreign citizens or states.

THE FEDERAL COURT SYSTEM

Federal District Courts

• The Main Trial Courts of the System

• Federal Crimes are Tried here

• The Federal Court Downtown

Court of Appeals

• can only hear appeals

• lacks original jurisdiction

• Our court is in New Orleans

The Supreme Court

• Chief Justice

• 8 Associate Justices

• Court packing

Jurisdiction

• Original

• Appellate

HOW YOU GET ON THE COURTNo Age or Education requirements

Role of the President

• A very great power

• The president plays politics here.

How Presidents Decide

• try to appoint people like themselves (90% of all Justices come from the President's party)

• Political Factors

• the courts need to work with the president to ensure its actions are followed.

• You hope you avoid “back-stabbers”

The Senate

• Increasingly partisan since the 1980’s

• Senatorial Courtesy for Lower-Level Judges

• Temporal Forces

Other Players

• Interest Groups

• The Media

• The Public

HOW CASES REACH THE SUPREME COURT

The politics of it all

Justice is not Blind

• Cases Reach The court because of policy

• They can Hear anything they want (original jurisdiction)

Most Cases Come through The System

• Writ of Certiorari

• Appeals

• The Solicitor General

The Process

Does My Case Have A Chance?

• No (stare decisis)

• What is Likely to Be Heard

• What they are Hearing now

JUDICIAL REVIEWThe Real Power of the Courts

Marbury vs. Madison

• Midnight Judges in 1800

• A New System of Checks and Balances

• Overturned by impeachment and amendment

Today’s Court

Left• Bader-Ginsburg (Clinton)• Breyer (Clinton)• Sotomayor (Obama)• Kagan (Obama)

Right• Scalia (Reagan)• Thomas (Bush)• Roberts (GW Bush)• Alito (GW Bush

Applying the Bill of Rights

• Barron v. Baltimore 1883

• Too Bad, the Bill of Rights only applies to actions of the Federal Government

Selective Incorporation

• Application of the 14th Amendment

• Piecemeal application of the Bill of Rights

• Gitlow vs. New York changes this (1925)

Selective Incorporation

Limits on the Court’s Power

• Amendment

• Impeachment

• Judges reverse themselves

• Wait them Out