Presentation Transcript

1. The Judiciary

   AP U.S. GOVERNMENT & POLITICS - Judiciary
2. Characteristics Generally white males Lawyers with judicial experience Often politically active as well

   Backgrounds

   AP U.S. GOVERNMENT & POLITICS - Judiciary
3. Other Characteristics Generally of the same political party as the president making the nomination However, some judges and justices may not end up making decisions the way presidents had hoped they would have

   Backgrounds

   AP U.S. GOVERNMENT & POLITICS - Judiciary
4. This is Earl Warren He was a Republican governor of California (3 times) Supported the internment of Japanese-Americans during WWII And had been a district attorney prosecuting criminals

   Backgrounds

   AP U.S. GOVERNMENT & POLITICS - Judiciary
5. Upon nominating Earl Warren to be Chief Justice in 1953, President Eisenhower said: “He represents the kind of political, economic and social thinking that I believe we need on the Supreme Court.”

   Backgrounds

   AP U.S. GOVERNMENT & POLITICS - Judiciary
6. Warren presided over the following cases: The one in which the Court overturned Plessy and held that segregated public schools are unconstitutional . . . BROWN v. Board of Education

   Backgrounds

   AP U.S. GOVERNMENT & POLITICS - Judiciary
7. Warren presided over the following cases: The one in which the Court held that the Bill of Rights’ prohibition against unreasonable searches & seizures applied to states . . . MAPP v. Ohio

   Backgrounds

   AP U.S. GOVERNMENT & POLITICS - Judiciary
8. Warren presided over the following cases: The one in which the Court held that the right to counsel meant that the state had to provide an attorney in criminal cases (if the defendant could not afford one) . . . GIDEON v. Wainwright

   Backgrounds

   AP U.S. GOVERNMENT & POLITICS - Judiciary
9. Warren presided over the following cases: The one in which the Court held that a state law prohibiting inter-racial marriage was unconstitutional . . . LOVING v. Virginia

   Backgrounds

   AP U.S. GOVERNMENT & POLITICS - Judiciary
10. Facts of Loving v. Virginia Racial Integrity Act of 1924 Banned marriage between a white person and non- white person A white man married a woman of African-American / Native-American background in 1958 Convicted and sentenced to one year in prison, unless would leave the state for 25 years

    Backgrounds

    AP U.S. GOVERNMENT & POLITICS - Judiciary
11. Facts of Loving v. Virginia Judge in trial court stated: Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.

    Backgrounds

    AP U.S. GOVERNMENT & POLITICS - Judiciary
12. Facts of Loving v. Virginia Supreme Court (1967) ruled that such a law was unconstitutional. Some states still had such a law, although it would be unenforceable, until the year 2000 (Alabama).

    Backgrounds

    AP U.S. GOVERNMENT & POLITICS - Judiciary
13. Eisenhower said that appointing Warren to the Supreme Court was: “the biggest damned-fool mistake I ever made” Significance = Justices don’t always decide cases in the way people expect

    Backgrounds

    AP U.S. GOVERNMENT & POLITICS - Judiciary
14. The oldest Justice was . . . Oliver Wendell Holmes Who was 90 years old when he retired and is considered to be one of the giants of American legal history

    And now some Supremes Trivia

    AP U.S. GOVERNMENT & POLITICS - Judiciary
15. The oldest current Justice is . . . Ruth Bader Ginsburg She is 78 years old Appointed by Bill Clinton in 1993 The second female on the Court

    And now some Supremes Trivia

    AP U.S. GOVERNMENT & POLITICS - Judiciary
16. The first female Justice was . . . Sandra Day O’Connor Graduate of Stanford & Stanford Law But could not get a job as an Attorney (offered a job as a secretary) Nominated by Reagan as a solid conservative She became a “centrist moderate” on the Court

    And now some Supremes Trivia

    AP U.S. GOVERNMENT & POLITICS - Judiciary
17. The Justice who served the longest . . . William O. Douglas Served over 36 years In his late 60’s when he married his 3rd wife, who was in her early 20’s Disliked by other Justices, because he was not collegial and was a womanizer

    And now some Supremes Trivia

    AP U.S. GOVERNMENT & POLITICS - Judiciary
18. The first non-white Justice was . . . Thurgood Marshall Great-grandson of a slave Lead attorney in the case of Brown v. Board of Education Known to greet the Conservative Chief by saying: “What’s shakin’, Chiefy Baby”

    And now some Supremes Trivia

    AP U.S. GOVERNMENT & POLITICS - Judiciary
19. The current Chief Justice is . . . John Roberts who is 56 years old Conservative in ideology Could still be Chief when you are in your late 30’s

    And now some Supremes Trivia

    AP U.S. GOVERNMENT & POLITICS - Judiciary
20. Cases before the Supreme Court About 8,000 cases per year are appealed to the Supreme Court At least 4 of the Justices must vote “Yes” to have the Supremes hear the appeal . . . called “granting cert” (writ of certiorari) Less than 100 per year get heard

    Cases before the Court

    AP U.S. GOVERNMENT & POLITICS - Judiciary
21. Role of the Solicitor General 3rd ranking member of the Justice Department In charge of representing the federal gov’t in appeals before the Supreme Court Has been referred to as the “10th Justice” Donald Verilli

    Cases before the Court

    AP U.S. GOVERNMENT & POLITICS - Judiciary
22. 4 Key Functions of the Solicitor General Decide whether to appeal cases for the Fed Gov Review briefs presented in appeals Represent the Fed Gov before the Court Submit “amicus curiae” briefs

    Cases before the Court

    AP U.S. GOVERNMENT & POLITICS - Judiciary