Post on 21-Jan-2016
The Judiciary 9
Video: The Big Picture 9
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Explain the organization of the federal court system
9.1
9.2
Trace the development of the federal judiciary and the origins of judicial review
Learning Objectives
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Evaluate the Supreme Court’s process for accepting, hearing, and deciding cases
9.3Outline the criteria and process used to select federal court judges
Learning Objectives
9.4
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Assess the role of the Supreme Court in the policy-making process
9.5
9.6
Analyze the factors that influence judicial decision making
Learning Objectives
Video: The Basics
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The Judiciary Act of 1789 and the Creation of the Federal Judiciary
The Marshall Court: Marbury v. Madison and Judicial Review
9.1Roots of the Federal Judiciary
9.1TABLE 9.1: What kinds of cases does the U.S. Supreme Court hear?
Three-tiered Court Structure Federal District Court Circuit Courts (Courts of Appeal) Supreme Court
Rocky beginning for Supreme Court
9.1The Judiciary Act of 1789 and Creation of the Federal Judiciary
John Marshall’s tenure: 1801-1835 Opinions from the Court, rather than individual justices
McCulloch v. Maryland (1819) Broad interpretation of “necessary and proper” clause
Marbury v. Madison (1803) Established Judicial Review
9.1The Marshall Court: Marbury v. Madison and Judicial Review
Video: In Context 9.1
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9.1Chief Justice John Marshall
a. The importance of the “necessary and proper” clause
b. The three-tiered federal court structurec. The authority of judicial reviewd. The number of justices on the Supreme
Court
9.1 What did the case Marbury v. Madison establish?
9.1
a. The importance of the “necessary and proper” clause
b. The three-tiered federal court structurec. The authority of judicial reviewd. The number of justices on the Supreme
Court
9.1 What did the case Marbury v. Madison establish?
9.1
District Courts
Courts of Appeals
The Supreme Court
9.2The Federal Court System
FIGURE 9.1: How is the American Judicial System Structured?
9.2
Each state has at least one More populous states have more
Jurisdiction Must involve federal or multi-state issue
U.S. Attorney Nominated by president; confirmed by Senate
9.2District Courts
9.2FIGURE 9.2: What are the boundaries of federal district courts and courts of appeals?
Eleven Courts of Appeals A twelfth restricted to federal regulatory commissions
and a thirteenth to patents
Number of judges varies Depends on workload and complexity
No original jurisdiction No new testimony
9.2The Courts of Appeals
Jurisdiction Reviews cases from U.S. Courts of Appeal and state
supreme courts
Members Eight associate justices and one chief justice
Precedent Rules are binding throughout the nation Stare decisis
9.2The Supreme Court
a. It must involve the federal government as a party
b. It must present a federal question based on a claim under the U.S. Constitution
c. Both A and Bd. Either A or B
9.2 Which conditions must be met before a case may be heard in federal district court?
9.2
a. It must involve the federal government as a party
b. It must present a federal question based on a claim under the U.S. Constitution
c. Both A and Bd. Either A or B
9.2 Which conditions must be met before a case may be heard in federal district court?
9.2
Who Are Federal Judges?
Nomination Criteria
The Confirmation Process
Appointments to the U.S. Supreme Court
9.3How Federal Court Judges Are Selected
TABLE 9.2: How does a president affect the federal judiciary?
9.3
Background Generally have held other judicial jobs Active in politics Diversity growing
Rewards
9.3Who Are Federal Judges?
Experience Most nominees have legal experience
Ideology and Religion Presidents try to pick like-minded nominees
Pursuit of Political Support Nominees can garner approval from constituencies that
haven’t been supportive
Race and Gender Recent Efforts to diversify
9.3Nomination Criteria
9.3TABLE 9.3: Who are the Justices of the Supreme Court in 2012?
Investigation Personal and professional background
Lobbying by Interest Groups They don’t stay silent
Senate Committee Hearings Followed by Senate vote
9.3The Confirmation Process and Appointments to the U.S. Supreme Court
9.3TABLE 9.4: How Many Interest Groups Submit Testimony to the Senate Judiciary Committee?
What role does the Senate Judiciary Committee play in the judicial nomination process?
9.3
a. Senate Judiciary Committee hearing
b. President’s announcement of nominee
c. American Bar Association’s rating
d. White House review of personal and
professional background
9.3 What is the first step in the Supreme Court appointment rocess?
9.3
a. Senate Judiciary Committee hearing
b. President’s announcement of nominee
c. American Bar Association’s rating
d. White House review of personal and
professional background
9.3 What is the first step in the Supreme Court appointment process?
9.3
Deciding to Hear a Case
How Does a Case Survive the Process?
Hearing and Deciding the Case
9.4The Supreme Court Today
9.4TABLE 9.5: Can Americans Name the Justices of the Supreme Court?
9.4FIGURE 9.3: How Many Cases Does the Supreme Court Handle?
Writs of Certiorari and the Rule of Four Cases must come from from U.S. Courts of appeals or
other courts of last resort Cases must involve a federal question
Role of Clerks
9.4Deciding to Hear a Case
9.4FIGURE 9.4: How Does a Case Get to the Supreme Court?
Why are Supreme Court clerkships important?
9.4
Federal Government The Solicitor General
Conflicts Among the Courts of Appeal Different interpretations
Interest Group Participation Important social issues
9.4How Does a Case Survive the Process?
9.4TABLE 9.6: Which Groups Participated as Amicus Curiae in Citizens United v. FEC (2010)?
Oral Arguments Questions asked and answered
The Conference and the Vote Closed conferences twice a week
Writing the Opinion Dissenting opinions
9.4Hearing and Deciding the Case
a. Writ of Certiori
b. Amicus Curiae
c. Appeals to the Solicitor General
d. Launching a public interest campaign
9.4 Interest groups often participate in Supreme Court cases via this process:
9.4
a. Writ of Certiori
b. Amicus Curiae
c. Appeals to the Solicitor General
d. Launching a public interest campaign
9.4 Interest groups often participate in Supreme Court cases via this process:
9.4
Explore the Simulation: You Are a Supreme Court Clerk
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9.4
Judicial Philosophy, Original Intent, and
Ideology
Public Opinion
9.5Judicial Philosophy and Decision Making
Judicial philosophy and ideology Judicial restraint Judicial activism Strict constructionism
Original intent
9.5Judicial Philosophy, Original Intent, and Ideology
9.5Public Opinion
Can check the power of the courts Activist periods
May consider public opinion when
issuing rulings Korematsu v. U.S. (1944)
Public confidence in Court Has ebbed and flowed
9.5TABLE 9.7: Do Supreme Court Decisions Align with the views of the American Public?
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9.5
a. Strict constructionism
b. Judicial activism
c. Judicial restraint
d. All of the above
9.5 Supporters of this philosophy argue that the courts should stay away from policy-making:
9.5
a. Strict constructionism
b. Judicial activism
c. Judicial restraint
d. All of the above
9.5 Supporters of this philosophy argue that the courts should stay away from policy-making:
9.5
Explore the Judiciary: Who Are the Activist Judges?
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9.5
9.6Toward Reform: Power, Policy Making, and the Court Power and Policy Making
Implementing Court Decisions
9.6Power and Policy Making
Civil rights issues Right to privacy Equal rights for women, African Americans and other
minorities
Authority of the Court
Video: In the Real World
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9.6
9.6Do unpopular Supreme Court rulings threaten the nation?
Judicial implementation How judicial decisions are translated into public policies
Implementing population Those responsible for carrying out the decision
Consumer population Those directly affected by the decision
9.6Implementing Court Decisions
a. Consumer population
b. Implementing population
c. Interest group population
d. Judicial population
9.6 These are the people who are directly affected by a judicial ruling:
9.6
a. Consumer population
b. Implementing population
c. Interest group population
d. Judicial population
9.6 These are the people who are directly affected by a judicial ruling:
9.6
Discussion Questions
What role do the courts play in policy making? Should public opinion be considered when the judiciary makes policy decisions? What are some of the advantages and disadvantages of judicial activism?
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Video: So What?
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Further Review: On MyPoliSciLab
Listen to the Chapter Study and Review the Flashcards Study and Review the Practice Tests
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