The Judiciary 9

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Explain the organization of the federal court system

9.1

9.2

Trace the development of the federal judiciary and the origins of judicial review

Learning Objectives

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Evaluate the Supreme Court’s process for accepting, hearing, and deciding cases

9.3Outline the criteria and process used to select federal court judges

Learning Objectives

9.4

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Assess the role of the Supreme Court in the policy-making process

9.5

9.6

Analyze the factors that influence judicial decision making

Learning Objectives

Video: The Basics

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The Judiciary Act of 1789 and the Creation of the Federal Judiciary

The Marshall Court: Marbury v. Madison and Judicial Review

9.1Roots of the Federal Judiciary

9.1TABLE 9.1: What kinds of cases does the U.S. Supreme Court hear?

Three-tiered Court Structure Federal District Court Circuit Courts (Courts of Appeal) Supreme Court

Rocky beginning for Supreme Court

9.1The Judiciary Act of 1789 and Creation of the Federal Judiciary

John Marshall’s tenure: 1801-1835 Opinions from the Court, rather than individual justices

McCulloch v. Maryland (1819) Broad interpretation of “necessary and proper” clause

Marbury v. Madison (1803) Established Judicial Review

9.1The Marshall Court: Marbury v. Madison and Judicial Review

Video: In Context 9.1

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9.1Chief Justice John Marshall

a. The importance of the “necessary and proper” clause

b. The three-tiered federal court structurec. The authority of judicial reviewd. The number of justices on the Supreme

Court

9.1 What did the case Marbury v. Madison establish?

9.1

a. The importance of the “necessary and proper” clause

b. The three-tiered federal court structurec. The authority of judicial reviewd. The number of justices on the Supreme

Court

9.1 What did the case Marbury v. Madison establish?

9.1

District Courts

Courts of Appeals

The Supreme Court

9.2The Federal Court System

FIGURE 9.1: How is the American Judicial System Structured?

9.2

Each state has at least one More populous states have more

Jurisdiction Must involve federal or multi-state issue

U.S. Attorney Nominated by president; confirmed by Senate

9.2District Courts

9.2FIGURE 9.2: What are the boundaries of federal district courts and courts of appeals?

Eleven Courts of Appeals A twelfth restricted to federal regulatory commissions

and a thirteenth to patents

Number of judges varies Depends on workload and complexity

No original jurisdiction No new testimony

9.2The Courts of Appeals

Jurisdiction Reviews cases from U.S. Courts of Appeal and state

supreme courts

Members Eight associate justices and one chief justice

Precedent Rules are binding throughout the nation Stare decisis

9.2The Supreme Court

a. It must involve the federal government as a party

b. It must present a federal question based on a claim under the U.S. Constitution

c. Both A and Bd. Either A or B

9.2 Which conditions must be met before a case may be heard in federal district court?

9.2

a. It must involve the federal government as a party

b. It must present a federal question based on a claim under the U.S. Constitution

c. Both A and Bd. Either A or B

9.2 Which conditions must be met before a case may be heard in federal district court?

9.2

Who Are Federal Judges?

Nomination Criteria

The Confirmation Process

Appointments to the U.S. Supreme Court

9.3How Federal Court Judges Are Selected

TABLE 9.2: How does a president affect the federal judiciary?

9.3

Background Generally have held other judicial jobs Active in politics Diversity growing

Rewards

9.3Who Are Federal Judges?

Experience Most nominees have legal experience

Ideology and Religion Presidents try to pick like-minded nominees

Pursuit of Political Support Nominees can garner approval from constituencies that

haven’t been supportive

Race and Gender Recent Efforts to diversify

9.3Nomination Criteria

9.3TABLE 9.3: Who are the Justices of the Supreme Court in 2012?

Investigation Personal and professional background

Lobbying by Interest Groups They don’t stay silent

Senate Committee Hearings Followed by Senate vote

9.3The Confirmation Process and Appointments to the U.S. Supreme Court

9.3TABLE 9.4: How Many Interest Groups Submit Testimony to the Senate Judiciary Committee?

What role does the Senate Judiciary Committee play in the judicial nomination process?

9.3

a. Senate Judiciary Committee hearing

b. President’s announcement of nominee

c. American Bar Association’s rating

d. White House review of personal and

professional background

9.3 What is the first step in the Supreme Court appointment rocess?

9.3

a. Senate Judiciary Committee hearing

b. President’s announcement of nominee

c. American Bar Association’s rating

d. White House review of personal and

professional background

9.3 What is the first step in the Supreme Court appointment process?

9.3

Deciding to Hear a Case

How Does a Case Survive the Process?

Hearing and Deciding the Case

9.4The Supreme Court Today

9.4TABLE 9.5: Can Americans Name the Justices of the Supreme Court?

9.4FIGURE 9.3: How Many Cases Does the Supreme Court Handle?

Writs of Certiorari and the Rule of Four Cases must come from from U.S. Courts of appeals or

other courts of last resort Cases must involve a federal question

Role of Clerks

9.4Deciding to Hear a Case

9.4FIGURE 9.4: How Does a Case Get to the Supreme Court?

Why are Supreme Court clerkships important?

9.4

Federal Government The Solicitor General

Conflicts Among the Courts of Appeal Different interpretations

Interest Group Participation Important social issues

9.4How Does a Case Survive the Process?

9.4TABLE 9.6: Which Groups Participated as Amicus Curiae in Citizens United v. FEC (2010)?

Oral Arguments Questions asked and answered

The Conference and the Vote Closed conferences twice a week

Writing the Opinion Dissenting opinions

9.4Hearing and Deciding the Case

a. Writ of Certiori

b. Amicus Curiae

c. Appeals to the Solicitor General

d. Launching a public interest campaign

9.4 Interest groups often participate in Supreme Court cases via this process:

9.4

a. Writ of Certiori

b. Amicus Curiae

c. Appeals to the Solicitor General

d. Launching a public interest campaign

9.4 Interest groups often participate in Supreme Court cases via this process:

9.4

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9.4

Judicial Philosophy, Original Intent, and

Ideology

Public Opinion

9.5Judicial Philosophy and Decision Making

Judicial philosophy and ideology Judicial restraint Judicial activism Strict constructionism

Original intent

9.5Judicial Philosophy, Original Intent, and Ideology

9.5Public Opinion

Can check the power of the courts Activist periods

May consider public opinion when

issuing rulings Korematsu v. U.S. (1944)

Public confidence in Court Has ebbed and flowed

9.5TABLE 9.7: Do Supreme Court Decisions Align with the views of the American Public?

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9.5

a. Strict constructionism

b. Judicial activism

c. Judicial restraint

d. All of the above

9.5 Supporters of this philosophy argue that the courts should stay away from policy-making:

9.5

a. Strict constructionism

b. Judicial activism

c. Judicial restraint

d. All of the above

9.5 Supporters of this philosophy argue that the courts should stay away from policy-making:

9.5

Explore the Judiciary: Who Are the Activist Judges?

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9.5

9.6Toward Reform: Power, Policy Making, and the Court Power and Policy Making

Implementing Court Decisions

9.6Power and Policy Making

Civil rights issues Right to privacy Equal rights for women, African Americans and other

minorities

Authority of the Court

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9.6

9.6Do unpopular Supreme Court rulings threaten the nation?

Judicial implementation How judicial decisions are translated into public policies

Implementing population Those responsible for carrying out the decision

Consumer population Those directly affected by the decision

9.6Implementing Court Decisions

a. Consumer population

b. Implementing population

c. Interest group population

d. Judicial population

9.6 These are the people who are directly affected by a judicial ruling:

9.6

a. Consumer population

b. Implementing population

c. Interest group population

d. Judicial population

9.6 These are the people who are directly affected by a judicial ruling:

9.6

Discussion Questions

What role do the courts play in policy making? Should public opinion be considered when the judiciary makes policy decisions? What are some of the advantages and disadvantages of judicial activism?

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Video: So What?

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