Political Science American Government and Politics

Chapter 13 The Judiciary

13-1

The Common Law Tradition

• common law – judge made law that originated in England and was derived from prevailing customs

• precedent – a court ruling bearing on subsequent legal decisions in similar cases– emanating from stare decisis, or standing on

decided cases

13-2

Sources of American Law

• Constitutions– United States Constitution– State Constitutions

• Statutes and Administrative Regulations• Case Law

13-3

Basic Judicial Requirements

• Jurisdiction– A Federal Question

or– Diversity of Citizenship

• Standing to Sue– justifiable controversy

13-4

The Federal court System

13-5

Which Cases Reach the Supreme Court?

• a subjective process, but certain factors increase a case’s chances

• when two lower courts are in disagreement• when a lower court’s ruling conflicts with

an existing Supreme Court ruling• when a case has broad significance

13-5b

Which Cases Reach the Supreme Court? (cont.)

• when a state court has decided a substantial federal question

• when the highest state court holds a federal law invalid, or upholds a state law that has been challenged as violating a federal law

• when a federal court holds an act of Congress unconstitutional

• when the solicitor general is pressuring the Court to hear a case

13-6

Types of court decisions• opinion

– unanimous– majority– concurring– dissenting

• affirm• reverse• remand

13-7

Gender and Ethnicity or Race of Appointees to the U.S. Courts of Appeal, by Administration

13-8

Ways in Which Courts Make Policy

• judicial review – the power of the courts to declare the acts of governmental officials unconstitutional

• judicial activism – taking a broad view of the Constitution and using power to direct policy towards a desired goal

• judicial restraint – rarely using judicial review and limiting judicial action in the policy process

13-9

Number of Law Regulating Economic and Restricting Civil Liberties and Rights Declared Unconstitutional by the Supreme Court since 1900

13-10

Checks on the Judiciary

• Executive Checks– judicial implementation– appointments

• Legislative Checks– Appropriation of funds to carry out rulings– Constitutional amendments– Amending laws to overturn court’s rulings

13-10b

Checks on the Judiciary (cont.)

• Public Opinion– Sometimes can ignore decisions– pressure for non-enforcement– influence judicial opinions

• Judicial Self-Restraint– tradition of restraint– narrow focus of judicial questions– stare decisis