The Judiciary

1. 9 The Judiciary Larry Downing/Landov

2. 9 Learning Objectives • Trace the development of the federal judiciary and the origins of judicial review. 9.1 Explain the organization of the federal court system. 9.2

3. 9 Learning Objectives • Outline the criteria and process used to select federal court judges. 9.3 Evaluate the Supreme Court's process for accepting, hearing, and deciding cases. 9.4

4. 9 Learning Objectives • Analyze the factors that influence judicial decision making. 9.5 Assess the role of the Supreme Court in the policy-making process. 9.6

5. 9.1 Roots of the Federal Judiciary • The Judiciary Act of 1789 and the Creation of the Federal Judicial System • The Marshall Court: Marbury v. Madison (1803) and Judicial Review

6. 9.1 TABLE 9.1 What kinds of cases does the U.S. Supreme Court hear?

7. Three-tiered Court Structure Federal District Court Circuit Courts (Courts of Appeal) Supreme Court Rocky beginning for Supreme Court 9.1 The Judiciary Act of 1789 and Creation of the Federal Judiciary

8. 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 9.1 The Marshall Court: Marbury v. Madison (1803) and Judicial Review

9. Why is John Marshall important to the development of judicial authority? 9.1 Boston Athenaeum

10. 9.1 9.1What did the case Marbury v. Madison establish? • The importance of the "necessary and proper" clause • The three-tiered federal court structure • The authority of judicial review • The number of justices on the Supreme Court

11. 9.1 9.1What did the case Marbury v. Madison establish? • The importance of the "necessary and proper" clause • The three-tiered federal court structure • The authority of judicial review • The number of justices on the Supreme Court

12. 9.2 The Federal Court System • The District Courts • The Courts of Appeals • The Supreme Court

13. 9.2 FIGURE 9.1 How is the American Judicial System Structured?

14. Each state has at least one More populous states have more Jurisdiction Must involve federal or multi-state issue U.S. Attorney General Nominated by president; confirmed by Senate 9.2 The District Courts

15. 9.2 FIGURE 9.2 What are the boundaries of federal district courts and courts of appeals?

16. Eleven Courts of Appeals A twelfth is 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 9.2 The Courts of Appeals

17. 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 9.2 The Supreme Court

18. 9.2 9.2Which conditions must be met before a case may be heard in federal district court? • It must involve the federal government as a party. • It must present a federal question based on a claim under the U.S. Constitution. • Both A and B • Either A or B

19. 9.2 9.2Which conditions must be met before a case may be heard in federal district court? • It must involve the federal government as a party. • It must present a federal question based on a claim under the U.S. Constitution. • Both A and B • Either A or B

20. 9.3 How Federal Court Judges Are Selected • Who Are Federal Judges? • Nomination Criteria • The Confirmation Process • Appointments to the U.S. Supreme Court

21. 9.3 TABLE 9.2 How does a president affect the federal judiciary?

22. Background Generally have held other judicial jobs Active in politics Diversity growing 9.3 Who Are Federal Judges?

23. Experience Ideology or Policy Preferences Rewards Pursuit of Political Support Religion Race, Ethnicity, and Gender 9.3 Nomination Criteria

24. 9.3 TABLE 9.3 Who are the Justices of the Supreme Court in 2014?

25. Investigation Personal and professional background Lobbying by Interest Groups They do not stay silent Senate Committee Hearings and Senate Vote 9.3 The Confirmation Process and Appointments to the U.S. Supreme Court

26. 9.3 TABLE 9.4 How Many Interest Groups Submit Testimony to the Senate Judiciary Committee?

27. 9.3 What role does the Senate Judiciary Committee play in the judicial nomination process? John Duricka/AP Images

28. 9.3 9.3What is the first step in the Supreme Court appointment process? Senate Judiciary Committee hearing President's announcement of nominee American Bar Association's rating White House review of personal and professional background

29. 9.3 9.3What is the first step in the Supreme Court appointment process? Senate Judiciary Committee hearing President's announcement of nominee American Bar Association's rating White House review of personal and professional background

30. 9.4 The Supreme Court Today • Deciding to Hear a Case • How Does a Case Survive the Process? • Hearing and Deciding the Case

31. 9.4 TABLE 9.5 Can Americans Name the Justices of the Supreme Court?

32. 9.4 FIGURE 9.3 How Many Cases Does the Supreme Court Handle?

33. 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 9.4 Deciding to Hear a Case

34. 9.4 FIGURE 9.4 How Does a Case Get to the Supreme Court?

35. 9.4 Why are Supreme Court clerkships important? Chip Somodevilla/Getty Images

36. Federal Government The Solicitor General Conflicts Among the Courts of Appeal Different interpretations Interest Group Participation Important social issues 9.4 How Does a Case Survive the Process?

37. 9.4 TABLE 9.6 Which Groups Participated as Amicus Curiae in Citizens United v. FEC (2010)?

38. Oral Arguments Questions asked and answered The Conference and the Vote Closed conferences twice a week Writing Opinions Dissenting opinions 9.4 Hearing and Deciding the Case

39. 9.4 9.4Interest groups often participate in Supreme Court cases via this process. • Writ of Certiori • Amicus Curiae • Appeals to the Solicitor General • Launching a public interest campaign

40. 9.4 9.4Interest groups often participate in Supreme Court cases via this process. • Writ of Certiori • Amicus Curiae • Appeals to the Solicitor General • Launching a public interest campaign

41. 9.5 Judicial Philosophy and Decision Making • Judicial Philosophy, Original Intent, and Ideology • Public Opinion

42. Judicial philosophy and ideology Judicial restraint Judicial activism Strict constructionism 9.5 Judicial Philosophy, Original Intent, and Ideology

43. 9.5 Public 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

44. 9.5 TABLE 9.7 Do Supreme Court Decisions Align with the views of the American Public?

45. 9.5 9.5Supporters of this philosophy argue that the courts should stay away from policy-making. • Strict constructionism • Judicial activism • Judicial restraint • All of the above

46. 9.5 9.5Supporters of this philosophy argue that the courts should stay away from policy-making. • Strict constructionism • Judicial activism • Judicial restraint • All of the above

47. 9.6 Toward Reform: Power, Policy Making, and the Court • Policy Making • Implementing Court Decisions

48. 9.6 Policy Making • Civil rights issues • Right to privacy • Equal rights for women, African Americans, and other minorities • Authority of the Court

49. 9.6 Do unpopular Supreme Court rulings threaten the nation? Bettmann/Corbis

50. 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 9.6 Implementing Court Decisions