Chapter 10 The Judiciary

2. Chapter 10The Judiciary

3. Chapter Outline and Learning Objectives Roots of the Federal Judiciary LO 10.1: Trace the development of the federal judiciary and the origins of judicial review. The American Legal System LO 10.2: Describe the structure and main components of the American legal system.

4. Chapter Outline and Learning Objectives The Federal Court System LO 10.3: Explain the organization of the federal court system. How Federal Court Judges Are Selected LO 10.4: Outline the criteria and process used to select federal court judges.

5. Chapter Outline and Learning Objectives The Supreme Court Today LO 10.5: Evaluate the Supreme Court’s process for accepting, hearing, and deciding cases. Judicial Philosophy and Decision Making LO 10.6: Analyze the factors that influence judicial decision making. Toward Reform: Power, Policy Making and the Court LO 10.7: Assess the role of the Supreme Court in the policy-making process.

6. Roots of the Federal JudiciaryLO 10.1: Trace the development of the federal judiciary and the origins of judicial review. Framers believed judiciary posed little threat of tyranny Judiciary Act of 1789 Established three-tiered federal court system District (trials) Appeals Supreme Courts originally had very little power To Learning Objectives

7. The Marshall Court: Marbury v. Madison (1803) and Judicial Review Federalist No. 78 Discontinued seriatim Marbury v. Madison Judicial Review McCulloch v. Maryland National supremacy Necessary and Proper Clause To Learning Objectives LO 10.1

8. The American Legal SystemLO 10.2: Describe the structure and main components of the American legal system. Jurisdiction Original Appellate Criminal and civil law Plaintiffs Defendants Judges Juries To Learning Objectives

9. District courts Cases where federal government is a party Cases involving constitutional questions Cases between states or citizens of different states Courts of appeals Three-judge panel Look at errors of procedures of law Appellants must submit a brief to have case heard Stare decisis Supreme Court Nine-judge panel Appellate and original jurisdiction Ensures uniform interpretation of law Maintains national supremacy To Learning Objectives The Federal Court SystemLO 10.3: Explain the organization of the federal court system.

10. Demographics Former lawyers or judges from inferior courts Partisanship depends upon who appoints Middle to upper class backgrounds White and male Nomination Criteria Competence Ideology or policy preference Rewards Pursuit of political support Religion, race, ethnicity, gender To Learning Objectives How Federal Court Judges Are SelectedLO 10.4: Outline the criteria and process used to select federal courtJudges.

11. Confirmation Process Investigation American Bar Association Lobbying by interest groups Bork Christian organizations Senate committee hearings and vote More intensive since 1980s Appointments to Supreme Court Importance Unpredictability To Learning Objectives LO 10.4 How Federal Court Judges Are Selected

12. Deciding to Hear a Case Supreme Court hears approximately one percent of cases filed Supreme Court issues writ of certiorari to hear case Rule of Four At least four Justices must sign on to a writ of certiorari Role of clerks Initial filtration process To Learning Objectives The Supreme Court TodayLO 10.5: Evaluate the Supreme Court’s process for accepting, hearing,and deciding cases.

13. How Does a Case Survive the Process? Federal government Solicitor general Amicus curiae Conflict among the courts of appeals Necessary to resolve dispute Interest group participation Amicus curiae NAACP Washington Legal Foundation Brown v. Board of Education (1954) Planned Parenthood v. Casey (1992) To Learning Objectives LO 10.5

14. Oral arguments Amicus briefs submitted beforehand The conference and the vote Hierarchy Writing opinions Majority Concur or dissent To Learning Objectives LO 10.5 Hearing and Deciding the Case

15. Judicial philosophy, original intent, and ideology Judicial restraint Judicial activism Strict constructionist Loose constructionist Models of judicial decision making Behavioral characteristics The attitudinal model The strategic model Public opinion Civil rights/liberties issues To Learning Objectives Judicial Philosophy and Decision MakingLO 10.6: Analyze the factors that influence judicial decision making.

16. Policy making Judicial decisions make policy Judicial review Citizens United (2010) Overruling itself Plessy v. Ferguson (1896) Brown v. Board of Education (1954) Implementation Not always easy Brown v. Board of Education (1954) Reynolds v. Sims (1964) To Learning Objectives Toward Reform: Power, Policy Making, and the CourtLO 10.7: Assess the role of the Supreme Court in the policy-making process.

17. To Learning Objectives Back

18. To Learning Objectives Figure 10.1: How is the American judicial system structured? Back

19. To Learning Objectives Figure 10.2: What are the boundaries of federal district courts and courts of appeals? Back

20. To Learning Objectives Figure 10.3: How many cases does the Supreme Court handle? Back

21. To Learning Objectives Figure 10.4: How does a case get to the Supreme Court? Back

22. To Learning Objectives Table 10.1: What kinds of cases does the U.S. Supreme Court hear?

23. To Learning Objectives Table 10.2: How does a president affect the federal judiciary?

24. To Learning Objectives Table 10.3: What are the characteristics of district court appointees? Back

25. To Learning Objectives Table 10.4: Who are the justices of the Supreme Court in 2010?

26. To Learning Objectives Table 10.5: How many interest groups submit testimony to the Senate Judiciary Committee? Back

27. To Learning Objectives Table 10.6: Can Americans name the justices of the Supreme Court?

28. To Learning Objectives Table 10.7: What do Supreme Court clerks do? Back

29. To Learning Objectives Table 10.9: Do Supreme Court decisions align with the views of the American public? Back