Download
structure of the federal courts supreme choice n.
Skip this Video
Loading SlideShow in 5 Seconds..
Structure of the Federal Courts Supreme Choice PowerPoint Presentation
Download Presentation
Structure of the Federal Courts Supreme Choice

Structure of the Federal Courts Supreme Choice

444 Vues Download Presentation
Télécharger la présentation

Structure of the Federal Courts Supreme Choice

- - - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript

  1. Structure of the Federal Courts Supreme Choice Process & Politics of Presidential Nominations to the Supreme Court Chapter 16, Themes B & C

  2. Pop Quiz 16: Define each of the following terms: 1. Writ of certiorari 2. Litmus Test 3. Standing 4. In forma pauperis 5. Senatorial courtesy 6. Sovereign Immunity • Using a blue slip to reject nominees from the state • Examination of a judicial nominee’s ideology • A case authorized as having legal merit • A petition to waive the filing fee • An order to send up records & documents from lower courts • The Rule that the federal government can’t be sued without its consent

  3. Exclusive Jurisdiction • The Federal Court system has exclusive jurisdiction over: • Federal question cases: involving the U.S. Constitution, federal law, or treaties • Diversity cases: involving different states, or citizens of different states • The Federal District Courts have original jurisdiction over these cases. The SCOTUS has appellate jurisdiction over the District & US Court of Appeals.

  4. The Federal Courts • Federal District Courts: • Have original jurisdiction in most federal criminal & civil cases. • 94 districts, at least one per state. • Nearest courthouse is Elizabeth City. • Are “work horses of the federal system.” Most cases heard here. • Only federal court where a jury trial is held. All others have bench trials.

  5. The Federal Courts • US Court of Appeals: • 12 regular circuits, including 1 in D.C. • Judges sit in panels of 3. • Have only appellate jurisdiction. (Hear only appeals.) • NC in Circuit 4, centered in Richmond, VA. • The 13th circuit or “Federal Circuit” was created in 1982 in Washington, DC to hear civil appeals from several courts & the Patent Office.

  6. US Judicial Circuits

  7. The Federal Courts • Legislative Courts: Help Congress exercise its power: • US Claims Ct.: Hear money suits vs. US (Civil Court) • US Tax Ct.: Hear civil disputes with IRS (Civil Court) • Ct. of Military Appeals: Also called GI’s Supreme Court (Criminal Appeals) • Ct. of Veteran Appeals: Hear disputes over benefits with the Dept. of VA (Civil Court) • Territorial Courts: Run like state courts. Territories are US Virgin Islands, Guam, Puerto Rico, N. Marianas Islands. (Criminal, Civil, Territorial Constitutional) • DC Courts: Run like municipal courts in most large cities. (Civil & Criminal Courts)

  8. Appellate Jurisdiction Cases • SCOTUS hears appeals from the 13 circuits of the US Court of appeals: • Usually after diversity of rulings between circuits • Matters of public policy disputes • Some cases that begin in state courts can be appealed to the Supreme Court • Involves a constitutional question • Involves a federal law • Involves state court striking down a federal law

  9. State Route Federal Route

  10. SCOTUS Original Jurisdiction • Controversies between two state governments can only be heard by the Supreme Court • Controversies involving foreign diplomats can only be heard by the Supreme Court • Controversies between the US and a state • See Chart!

  11. Figure 16.2: The Jurisdiction of the Federal Courts

  12. Appointments to the Federal Bench • Review process. • What is senatorial courtesy & when is it used? • Counter to Constitution? • When is this practice irrelevant? • Why is appointing a Justice so scrutinized today?

  13. Analyzing Political Cartoons • For each cartoon, discuss the following: • What is the message of the cartoon? • Does this have a liberal, conservative or neutral slant? • What events might have prompted this cartoon to be published?

  14. Political Cartoon ATitle: The Supreme Court Location • Mike Keefe, The Denver Post, Oct. 6, 2004 • http://cagle.slate.msn.com/politicalcartoons/

  15. Political Cartoon BTitle: High Stakes Supreme Court Seat • February 19, 2016 http://bokbluster.com/

  16. Political Cartoon CTitle: Qualifications 05/2009 • www.frugal-cafe.com/public_html/frugal-blog

  17. Political Cartoon DTitle: Supreme Court - 31 Flavors • Robert Ariail, The State, Aug. 10, 2005 • http://cagle.slate.msn.com/politicalcartoons/

  18. Political Cartoon ETitle: The Confirmation Process • www.frugal-cafe.com/public_html/frugal-blog

  19. Political Cartoon FTitle: Go My Pretties! • Henry Payne, The Detroit News, Aug. 11, 2005 • http://cagle.slate.msn.com/politicalcartoons/

  20. Political Cartoon GTitle: Supreme Court Exam • Jimmy Margulies, New Jersey -- The Record, Aug. 11, 2005 • http://cagle.slate.msn.com/politicalcartoons/

  21. Political Cartoon HTitle: Senate Republicans rule out action Posted on February 23, 2016 www.ncrenegade.com

  22. Factors That Influence Supreme Court Nominations

  23. Party affiliation (80% or higher) Judicial Philosophy “Litmus Test”- where nominees stand on controversial issues like abortion Background of nominee (education, experience, race, gender, ethnicity, etc.) Cultivating political support Political favors Interest group input American Bar Association certification Securing a “safe” nominee Factors That Influence Supreme Court Nominations

  24. The U.S. Constitution and the Appointment of Supreme Court Justices Article II, Section 2 describes the appointment powers of the President: “He shall have Power, by and with the Advice and Consent of the Senate …to… nominate Judges of the Supreme Court….”

  25. Stage 1: Presidential Nomination MEDIA Influence WHITE HOUSE REVIEW FBI Investigation Certification INTEREST GROUP Influence U.S. Supreme Court Confirmation Process Stage 2: Senate Judiciary Committee Hearing Stage 3: Full Senate Vote Stage 4: Oath of Office?

  26. U.S. Supreme Court Confirmation Process Stage 1 Presidential Nomination • White House staff reviews candidates and submits a short list to president • FBI background investigation • Candidates submit financial disclosure forms • ABA grades candidates • Interest groups weigh in on candidates • President selects nominee

  27. U.S. Supreme Court Confirmation Process Stage 2 Senate Judiciary Committee Hearings • Senate Judiciary members and their staffs review candidate’s background (may conduct own investigation) • Interest groups may conduct campaigns for or against nominee (including TV ads) • Intense media attention to Senate hearings • Senate Judiciary Committee questions candidate on judicial philosophy, stands on key issues, etc. • Judiciary Committee votes up or down on nominee and sends recommendation to full Senate

  28. U.S. Supreme Court Confirmation Process Stage 3 Full Senate Vote • Floor debate on nominee • Confirmation vote by full Senate

  29. U.S. Supreme Court Confirmation Process Stage 4 Oath of Office • If confirmed by the Senate, nominee sworn in, usually by Chief Justice • Once on the Court, justices often make decisions on the bench very different from what the nominating President had anticipated independent judiciary

  30. So…what happens with just 8? • If the SCOTUS ends in a tie, the appellate court’s decisions stand. This is a form of stare decisis. • If you have 2 different rulings in 2 different circuits, the law may be applied differently in those areas. • If the Senate goes out of session for more than 3 days, Pres. Obama could do a recess appointment. • Pres. Obama has nominated Merrick Garland, but the Senate refuses to give a hearing.

  31. I will take this case all the way to the Supreme Court … • Start 1st Monday in October and runs through June (36 weeks). • “Rule of Four” to hear a case • Annual docket submissions=8,000 cases • Fewer than 100 heard or reviewed, only 75-80 written opinions/year • $300 filing fee • In forma pauperis outnumber 3-1 • Quorum = 6

  32. Why so few cases to SCOTUS? • Expensive: What kinds of costs are involved? • In forma pauperis cases more common • Fee shifting (esp. Section 1983 cases) increasing • Standing: Controversy, harm & remedy • Taxpayers have limited rights • Sovereign immunity rare • Lengthy: Process can take years! • Class Action lawsuits now limited by rules

  33. Assignment • Read pp. 455-463. Take notes on process of hearing cases and focus on the powers and limits of the Courts. Also, take down important vocabulary & cases relating to the topics. Due Tuesday! • Be working on templates. See website & your e-mail for instructions, rubric, template, and list of cases by subject. These are due shared no later than 3:00 on April 15th!