chapter 14 the courts. learning outcomes 14.1 define judicial review, explain the circumstances...
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Chapter 14Chapter 14
THE COURTSTHE COURTS
Learning Outcomes14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance of the authority it gave the courts.
14.2 Outline the organization of the U.S. court system and identify the principal functions of courts at each tier of the system.
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14.3 Describe the process by which cases are both accepted for review and decided by the U.S. Supreme Court and analyze the role played by judicial restraint and judicial activism in judicial decisions.
14.4 Explain how judges at different levels of the federal court system are nominated and confirmed to the federal bench.
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Learning Outcomes
Learning Outcomes14.5 Examine the impact, influence and acceptance of decisions on issues of national importance by an institution unaccountable to the electorate.
14.6 Evaluate the decision-making authority of the federal judiciary within the context of both majoritarian and pluralist democracy.
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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
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National Judicial Supremacy
Judicial Review of the Other Branches Marbury v. Madison (1803)
Established Supreme Court’s power of judicial review Power to declare congressional acts invalid if they violate
the Constitution Subsequent cases extended power
to cover presidential acts as well
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Chief Justice John Marshall
National Judicial Supremacy 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
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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
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The Organization of Courts 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
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The Organization of Courts 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
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The Organization of Courts
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
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The Organization of Courts
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
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The Supreme Court
Supreme Court strives to achieve just balance among values of freedom, order, and equality
Values came into conflict in two controversial issues Desecration of the flag School desegregation - Brown v. Board of Education
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The Supreme Court, 2011 Term: The Lineup
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The Supreme Court
Access to the Court Court’s 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
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The Supreme Court
The Solicitor General Represents national government before Court
Appointed by president – 3rd-ranking position in Department of Justice
Duties: Determining whether to appeal a lower court’s decision Reviewing and modifying briefs for appeals Deciding whether or not to file amicus curiae briefs in any
appellate court
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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
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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 should
use their judicial power to promote the judges’ preferred social and political goals
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Welcome to the Club!
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The Supreme Court
Decision Making Judgment and Argument
Judgment – Votes remain tentative until Court issues an opinion announcing its judgment Argument Concurrence Dissent
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The Supreme Court Decision Making
The Opinion Chief justice or most senior justice in majority decides
which justice writes majority opinion Draft opinion circulated among justices for criticisms and
suggestions Public respect of court tested when court ventures into
controversial areas
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The Supreme Court
The Chief Justice Important functions
Forms docket Directs Court’s conferences Social, intellectual and policy leadership Control discussion of issues Communicate
By memoranda, not e-mail
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Judicial Recruitment
The Appointment of Federal Judges No formal requirements for appointment President nominates, Senate must confirm
Appointments likely to serve president’s administration, provide political legacy
Congress sets compensation Appointments for life
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Judicial Recruitment The Appointment of Federal Judges
The “Advice and Consent” of the Senate District and Appeals Court vacancies
Judicial Selection Committee consults with home state senators from which appointment will be made Senatorial courtesy
Senate Judiciary Committee reviews each judicial nominee and conducts a hearing
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Judicial Recruitment
The Appointment of Federal Judges The American Bar Association
Screens candidates for the federal bench Well qualified Qualified Not qualified
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Judicial Recruitment 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
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Judicial Recruitment
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
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The Consequences of Judicial Decisions
Supreme Court Rulings: Implementation and Impact Decisions are implemented by others Decisions have far-reaching implications beyond the
case itself Roe v. Wade
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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 of
Supreme Court’s job By 2012, public approval rating had fallen to 44
percent
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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
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The Courts and Models of Democracy
Supreme Court moving in conservative direction Some states have become havens for liberal values
Judges pay attention to views of other courts and not just those above them
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