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This course provides a comprehensive overview of the American judicial system, focusing on the role of formal institutions and their influence on policy-making. Students will learn to identify the features of the U.S. Constitution and apply its principles to contemporary issues. Key topics include the structure of the federal court system, the functions of the Supreme Court, and the political dynamics surrounding judicial appointments. By the end of the course, students will have a clearer understanding of how the judicial branch operates and its significance in shaping American governance.
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The Courts 10/12/2011
Clearly Communicated Learning Objectives in Written Form • Upon completion of this course, students will be able to: • identify and explain the role of formal (judicial) institutions and their effect on policy. • students will have a better understanding of why our national government works and why the American system of government is unique. • students will be able to understand and interpret the United States Constitution and apply it to present policy dilemmas.
Office Hours and Readings • Chapter 11 on the Courts • Office Hours • Thursday 8-12 • Monday 8-10:30
Article III The supreme court
The Courts in the Constitution • Article III Section I • One supreme court • Ability to Create others • Tenure of office • Article III Section 3- treason
Article III Section 2 • ambassadors and other ministers, counsels, and admiralty • controversies between two or more states • between citizens vsforeign citizens or states.
Federal District Courts • The Main Trial Courts of the System • Federal Crimes are Tried here • The Federal Court Downtown
Court of Appeals • can only hear appeals • lacks original jurisdiction • Our court is in New Orleans
The Supreme Court • Chief Justice • 8 Associate Justices • Court packing
Jurisdiction • Original • Appellate
No Age or Education requirements How you get on the court
Role of the President • A very great power • The president plays politics here.
How Presidents Decide • try to appoint people like themselves (90% of all Justices come from the President's party) • Political Factors • the courts need to work with the president to ensure its actions are followed. • You hope you avoid “back-stabbers”
The Senate • Increasingly partisan since the 1980’s • Senatorial Courtesy for Lower-Level Judges • Temporal Forces
Other Players • Interest Groups • The Media • The Public
The politics of it all How cases reach the supreme court
Justice is not Blind • Cases Reach The court because of policy • They can Hear anything they want (original jurisdiction)
Most Cases Come through The System • Writ of Certiorari • Appeals • The Solicitor General
Does My Case Have A Chance? • No (stare decisis) • What is Likely to Be Heard • What they are Hearing now
The Real Power of the Courts Judicial Review
Marbury vs. Madison • Midnight Judges in 1800 • A New System of Checks and Balances • Overturned by impeachment and amendment
Applying the Bill of Rights • Barron v. Baltimore 1883 • Too Bad, the Bill of Rights only applies to actions of the Federal Government