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Courts 2/28/2012

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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.

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Office Hours and Readings Readings- Chapter 11 on the Courts Office Hours Today- 11-2 Wednesday 10-2

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THE SUPREME COURT Article III

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The Courts in the Constitution Article III Section I One supreme court Ability to Create others Tenure of office Article III Section 3- treason

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Article III Section 2 ambassadors and other ministers, counsels, and admiraltyadmiralty controversies between two or more states states between citizens vs foreign citizens or states.states

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THE FEDERAL COURT SYSTEM

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Federal District Courts The Main Trial Courts of the SystemTrial Federal Crimes are Tried here Federal Crimes The Federal Court DowntownDowntown

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Court of Appeals can only hear appeals lacks original jurisdiction Our court is in New OrleansOrleans

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The Supreme Court Chief Justice 8 Associate Justices Court packing

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Jurisdiction Original Appellate

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HOW YOU GET ON THE COURT No Age or Education requirements

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Role of the President A very great power The president plays politics here.

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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

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The Senate Increasingly partisan since the 1980s Senatorial Courtesy for Lower-Level Judges Temporal Forces

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Other Players Interest Groups The Media The Public

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HOW CASES REACH THE SUPREME COURT The politics of it all

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Justice is not Blind Cases Reach The court because of policy They can Hear anything they want (original jurisdiction)

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Most Cases Come through The System Writ of Certiorari Appeals The Solicitor General

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The Process

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Does My Case Have A Chance? No (stare decisis) What is Likely to Be Heard What they are Hearing nowHearing

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JUDICIAL REVIEW The Real Power of the Courts

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Marbury vs. Madison Midnight Judges in 1800 A New System of Checks and Balances Overturned by impeachment and amendment

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Todays Court Left Bader-Ginsburg (Clinton) Breyer (Clinton) Sotomayor (Obama) Kagan (Obama) Right Scalia (Reagan) Thomas (Bush) Roberts (GW Bush) Alito (GW Bush

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Applying the Bill of Rights Barron v. Baltimore 1883 Too Bad, the Bill of Rights only applies to actions of the Federal Government

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Selective Incorporation Application of the 14 th Amendment Piecemeal application of the Bill of Rights Gitlow vs. New York changes this (1925)

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Selective Incorporation

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Limits on the Courts Power Amendment Impeachment Judges reverse themselves Wait them Out