Janda.chapter 14 challenge of democracy

5/27/2018 Janda.chapter 14 challenge of democracy

1/34

Chapter 14

THE COURTS


2/34

Learning Outcomes

14.1 Define judicial review, explain thecircumstances under which it was established, andassess the significance of the authority it gave the

courts.14.2 Outline the organization of the U.S. courtsystem and identify the principal functions ofcourts at each tier of the system.

Copyright 2014 Cengage Learning 2


3/34

14.3 Describe the process by which cases areboth accepted for review and decided by the U.S.Supreme Court and analyze the role played by

judicial restraint and judicial activism in judicialdecisions.

14.4 Explain how judges at different levels of thefederal court system are nominated and confirmedto the federal bench.


Learning Outcomes


4/34

Learning Outcomes

14.5 Examine the impact, influence andacceptance of decisions on issues of nationalimportance by an institution unaccountable to the

electorate.14.6 Evaluate the decision-making authority of thefederal judiciary within the context of bothmajoritarian and pluralist democracy.



5/34

National Judicial Supremacy

One Supreme Court Defined by Section 1, Article III, of Constitution

Founders deferred to Congress the decision to create

national court system

Judiciary Act of 1789 Federal courts coexist with state courts but are

independent from them

Federal judges: lifetime appointment



6/34


Judicial Review of the Other Branches Marbury v. Madison (1803)

Established Supreme Courts power of judicial review

Power to declare congressional acts invalid if they violatethe Constitution

Subsequent cases extended powerto cover presidential acts as well


Chief Justice John Marshall


7/34


The Exercise of Judicial Review Components of judicial review:

Power of the courts to declare national, state, & local

laws invalid Supremacy of national laws/treaties when in conflict with

state/local laws

Supreme Court is final authority on meaning of

Constitution



9/34

The Organization of Courts

Some Court Fundamentals Criminal and Civil Cases

Government prosecutes criminal cases because crimes

are a violation of public order National penal code limited by the principle of federalism

Government can be party to civil disputes

Courts decide both criminal and Civil cases



10/34


Some Court Fundamentals (cont.) Procedures and Policymaking

Most cases never go to trial

Plea bargain Threat of lawsuit to exact concession

Settle Though rare, even at Supreme Court level

Abandon leave disputes unresolved

Adjudication Opinions published in novel cases



11/34


Some Court Fundamentals (cont.) Procedures and Policymaking

Judges make policy two ways

Common, or judgment law Statutory construction

Three tiers of federal courts organized as pyramid

Bottom: U.S. district courts where litigation begins

Middle: U.S. court of appeals Top: U.S. Supreme Court



12/34


The U.S. District Courts Sources of litigation U.S. district courts extend to the

following:

Federal criminal cases, defined by national law Civil cases alleging a violation of national law

Civil cases brought against U.S. government

Civil cases between citizens of different states when

amount in controversy exceeds $75,000



13/34


The U.S. Courts of Appeals Appellate Court Proceedings

Public

Regional courts Panel of three judges

Precedents and Making Decisions

Written judgment of appellate courts serve as precedent

for subsequent cases Judges make public policy to the extent that they can

influence decisions in other courts

Stare decisis



14/34

The Supreme Court

Supreme Court strives to achieve justbalance among values of freedom, order, andequality

Values came into conflict in two controversialissues Desecration of the flag

School desegregation - Brown v. Board of Education



15/34

The Supreme Court, 2011 Term: The Lineup



16/34

The Supreme Court

Access to the Court Courts cases come from two sources:

Original jurisdiction

Appellate jurisdiction Litigants in state cases must satisfy two conditions

Must have exhausted appeals in state system

Case must raise a federal question

Rule of four



17/34



18/34

The Supreme Court

The Solicitor General Represents national government before Court

Appointed by president 3rd-ranking position inDepartment of Justice

Duties: Determining whether to appeal a lower courts decision

Reviewing and modifying briefs for appeals

Deciding whether or not to file amicus curiae briefs in any

appellate court



19/34

The Supreme Court

Decision Making Courts grant review

Attorneys submit written briefs

Oral arguments, limited to 30 minutes per side Oral arguments released on website

Justices meet in conference



20/34

The Supreme Court

Decision Making Judicial Restraint and Judicial Activism

Judicial restraint

Defer to decisions of elected branches of government Elected representatives should make the laws

Judicial activism

Judges should not defer to the elected branches but shoulduse their judicial power to promote the judgespreferred

social and political goals



21/34

Welcome to the Club!



22/34

The Supreme Court

Decision Making Judgment and Argument

Judgment Votes remain tentative until Court issues an

opinion announcing its judgment Argument

Concurrence

Dissent



23/34

The Supreme Court

Decision Making The Opinion

Chief justice or most senior justice in majority decideswhich justice writes majority opinion

Draft opinion circulated among justices for criticisms andsuggestions

Public respect of court tested when court ventures intocontroversial areas



24/34

The Supreme Court

The Chief Justice Important functions

Forms docket

Directs Courts conferences Social, intellectual and policy leadership

Control discussion of issues

Communicate

By memoranda, not e-mail



25/34

Judicial Recruitment

The Appointment of Federal Judges No formal requirements for appointment

President nominates, Senate must confirm

Appointments likely to serve presidents administration,provide political legacy

Congress sets compensation

Appointments for life



26/34


The Appointment of Federal Judges The Advice and Consentof the Senate

District and Appeals Court vacancies

Judicial Selection Committee consults with home statesenators from which appointment will be made

Senatorial courtesy

Senate Judiciary Committee reviews each judicial nomineeand conducts a hearing



27/34


The Appointment of Federal Judges The American Bar Association

Screens candidates for the federal bench

Well qualified Qualified

Not qualified



28/34


Recent Presidents and the Federal Judiciary Since President Carter, more diverse appointments

Under Clinton, women or minorities more than half

appointments Political Ideology at heart of judicial appointments



29/34


Appointment to the Supreme Court Vacancy announced

President makes nomination

Senate confirms Since 1900, six appointments failed to be confirmed by

Senate

Most nominees have prior judicial experience Tendency for promotion from within judiciary



30/34


C f


31/34

The Consequences of

Judicial Decisions

Supreme Court Rulings: Implementation andImpact Decisions are implemented by others

Decisions have far-reaching implications beyond thecase itself

Roe v. Wade


Th C f J di i l


32/34

The Consequences of Judicial

Decisions

Public Opinion and the Supreme Court Policies coming from Supreme Court are generally in

line with public ideology

In 2009, 6 in 10 Americans were likely to approve ofSupreme Courts job

By 2012, public approval rating had fallen to 44percent


Th C t d


33/34

The Courts and

Models of Democracy

Majoritarian model Courts adhere to letter of law and defer changes to

elected representatives

Pluralist model Courts are policymaking branch of government

Class action suits

Rulings have broader impact than other types

State court rulings can be based on either federal law,state law, or both


Th C t d


34/34

The Courts and

Models of Democracy

Supreme Court moving in conservativedirection Some states have become havens for liberal values

Judges pay attention to views of other courtsand not just those above them


Janda.chapter 14 challenge of democracy

Documents

Transcript of Janda.chapter 14 challenge of democracy