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The Judiciary

The Judiciary. The judiciary. ARTICLE III of the U.S. Constitution Constitutional Courts: District, Appeals, Special Legislative Courts: Limited, Special. The judiciary. LEGISLATIVE CHECKS Approval Impeachment Amendment Reenactment Jurisdiction. The judiciary ~ the federal system.

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The Judiciary

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  1. The Judiciary

  2. The judiciary • ARTICLE III of the U.S. Constitution • Constitutional Courts: District, Appeals, Special • Legislative Courts: Limited, Special

  3. The judiciary • LEGISLATIVE CHECKS • Approval • Impeachment • Amendment • Reenactment • Jurisdiction

  4. The judiciary ~ the federal system • US DISTRICT COURTS (94) • ONLY ORIGINAL JURISDICTION: Federal crimes; Federal civil suits; Civil suits between citizens of different states (>$75K); Maritime disputes; Bankruptcy; Review Federal agencies; Congressional assignments • US COURTS OF APPEALS (11) • ONLY APPELLATE JURISDICTION • US SUPREME COURT (1) • APPELLATE JURISDICTION FROM THE ABOVE • ORIGINAL JURISDICTION: 2 or more states; the US and a state; Foreign diplomats; State vs. another state’s citizen

  5. The judiciary ~ Selection process • STRICT / LOOSE CONSTRUCTIONISM • (That’s Restraint / Activism to Wilson) • “SENATORIAL COURTESY” • LITMUS TEST

  6. The judiciary • LATIN CLASS • Writ of Habeas Corpus • Writ of Mandamus • Writ of Certiorari • Amicus Curiae [brief] • in forma pauperis • Stare Decisis

  7. The judiciary ~ Vocabulary • JURISDICTION • Original or Appellate • STANDING • Real and Harmful; Citizenship questions • CIVIL OR CRIMINAL • CLASS ACTION

  8. The judiciary ~ Vocabulary • JURY TRIALS • Grand and Petit • BRIEF • DEFENDANT – PLAINTIFF • Fee Shifting • SOVEREIGN IMMUNITY • VERDICT

  9. The judiciary ~ Decision time • PRECEDENT • OPINION • Majority • Concurring and Dissenting • REMEDY

  10. The judiciary ~ the supremes • CHIEF JUSTICES • John Jay • John Marshall • Roger Taney • William H. Taft • Charles E. Hughes • Earl Warren

  11. The judiciary ~ The supremes • “NINE OLD MEN” • Number has varied • “Court-packing plan” • JUDICIAL REVIEW • Marbury v. Madison • The “Rule of 4” • 36-week session

  12. The judiciary ~ The supremes

  13. The judiciary ~ basic trends • From 1900-1950, most overturned laws were Economic (peak 1920) • From 1950-1990, most were Civil Liberties (peak 1970) • Lately, not too many have been • RECENT TRENDS • School Integration • Limits on Police Actions • Freedom of Expression

  14. The judiciary • Is the appointment political? • Partisanship • Most now are former judges • Term may be partisan

  15. The judiciary • How do we feel about lifetime appointments? • Avg. during Washington’s time was 7 years • Avg. during Jackson’s time was 20 years • Current court Avg. 15 years • But 4 have <10 years • 5 have 19 or more years • What about the “youth factor”?

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