Jan 17, 2016
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The Federal Courts
Video: The Big Picture 15
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Edwards_Ch15_The_Federal_Courts_Seg1_v2.html
15
Learning Objectives
Identify the basic elements of the American judicial system and the major participants in it
Outline the structure of the federal court system and the major responsibilities of each component
15.1
15.2
15
Learning Objectives
Explain the process by which judges and justices are nominated and confirmed
Describe the backgrounds of judges and justices and assess the impact of background on their decisions
15.3
15.4
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Learning Objectives
Outline the judicial process at the Supreme Court level and assess the major factors influencing decisions and their implementation
Trace the Supreme Court’s use of judicial review in major policy battles in various eras of American history
15.5
15.6
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Learning Objectives
Assess the role of unelected courts and the scope of judicial power in American democracy
15.7
Video: The Basics 15
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_Judiciary_v2.html
Nature of the Judicial System
Participants in the Judicial System
15.1
Participants in the Judicial System
Litigants Actual disputes, no hypothetical cases Standing Class action suits Justiciable disputes
Attorneys Large profession; 1 million attorneys Not only for the rich anymore
Groups Amicus curiae briefs
15.1
Linda Brown 15.1
15.1 In which type of case can the defendant receive imprisonment as a punishment?
a. Criminal
b. Civil
c. Class action
d. All of the above
15.1
15.1 In which type of case can the defendant receive imprisonment as a punishment?
a. Criminal
b. Civil
c. Class action
d. All of the above
15.1
Structure of the Federal Judicial System
District Courts
Courts of Appeals
Supreme Court
15.2
FIGURE 15.1: Organization of the federal court system
15.2
District Courts
Organization and jurisdiction 91, at least one in each state 2-28 judges per court; 675 in total Original jurisdiction only Hold trials and impanel juries One judge, occasionally 3 2% of criminal cases; 1% of civil cases 309,000 cases in 2010 Federal magistrates
15.2
Courts of Appeals
Review district court decisions
75% of 55,000 cases come from district courts
Review and enforce IRC orders
12 circuits, serving at least 2 states
15.2
FIGURE 15.2: The federal judicial circuits
15.2
Courts of Appeals
6-28 judges; 179 total
3 judges per case; en banc occasionally
Errors of procedure and law
Set precedent
15.2
Supreme Court
Unique responsibilities Resolving conflicts among states Maintaining national supremacy in law Ensuring uniformity in interpretation
Composition 8 associate justices; 1 chief justice
Controls its docket 80 cases/year
Appeals must involve a substantial federal question
15.2
FIGURE 15.3: How cases reach the Supreme Court
15.2
TABLE 15.1: Sources of full opinions in the Supreme Court, 2010-2011
15.2
15.2 How many cases does the Supreme Court hear per year?
a. 100
b. 50
c. 80
d. 10,000
15.2
a. 100
b. 50
c. 80
d. 10,000
15.215.2 How many cases does the Supreme Court hear per year?
Politics of Judicial Selection
Lower Courts
Supreme Court
15.3
Lower Courts
Senatorial courtesy
DoJ and FBI background checks
Politics of judicial selection Interest groups increasingly active Partisan divide growing
15.3
Supreme Court
Vacancies infrequent
Chief justice vacancy unique
Senatorial courtesy not relevant
Partisan balance in Senate key
15.3
TABLE 15.2: Unsuccessful Supreme Court nominees since 1900
15.3
Elena Kagan 15.3
15.3 How is the chief justice chosen?
a. Voted on by the other 8 justices
b. The most senior justice gets the position
c. Nominated by president, confirmed by Senate
d. Picked by the Senate Judiciary Committee
15.3
15.3 How is the chief justice chosen?
a. Voted on by the other 8 justices
b. The most senior justice gets the position
c. Nominated by president, confirmed by Senate
d. Picked by the Senate Judiciary Committee
15.3
Backgrounds of Judges and Justices
Backgrounds
Criteria for Selection
Background Characteristics and Policymaking
15.4
Backgrounds
Typical background White, male, lawyer Diversity v. ideology Older, 50s-60s Protestant Upper-middle class backgrounds Prominent lawyer or judge
15.4
TABLE 15.3: Supreme Court justices, 2013
15.4
Swearing in of Sonia Sotomayor
15.4
Criteria for Selection
Geography
Religion
Ideology/partisanship
15.4
Background Characteristics and Policymaking What presidents expect v. what they get
Disappointed ¼ of the time
Diversity: More than a symbolic difference?
15.4
U.S. Supreme Court, 2013 15.4
15.4 What is the main criterion presidents use to select judicial nominees?
a. State where they are from
b. Religion
c. Race
d. Ideology
15.4
15.4 What is the main criterion presidents use to select judicial nominees?
a. State where they are from
b. Religion
c. Race
d. Ideology
15.4
Courts as Policymakers
Accepting Cases
Process of Decision Making
Basis of Decisions
Implementing Court Decisions
15.5
Accepting Cases
First step in process 10,000 appeals per year Justices meet in conference once a week Rule of four Writ of certiorari
Type of cases selected Civil liberties Discrepancies in interpretation of a law Solicitor general’s request
15.5
FIGURE 15.4: Obtaining space on the Supreme Court’s docket
15.5
Process of Decision Making
Oral arguments Briefs Amicus curiae briefs 30 minutes for each side
Opinion writing Chief justice assigns opinion, if in majority Explain legal reasoning Concurring opinion Dissenting opinion
15.5
William Rehnquist 15.5
FIGURE 15.5: Supreme Court’s decision-making process
15.5
Basis of Decisions
Principle of stare decisis Respect for precedent Overturning precedent
15.5
Basis of Decisions
Why do justices disagree? Ambiguity and vagueness Judicial philosophy Originalism
15.5
Video: Thinking Like a Political Scientist
15.5
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg4_Judiciary_v2.html
Implementing Court Decisions
Judicial implementation Interpreting population Implementing population
15.5
Virgil Hawkins15.5
Implementing Court Decisions
Judicial implementation Consumer population
15.5
15.5 What principle governs judicial decision making?
a. Stare decisis
b. Ex post facto
c. Amicus curiae
d. Quid pro quo
15.5
15.5 What principle governs judicial decision making?
a. Stare decisis
b. Ex post facto
c. Amicus curiae
d. Quid pro quo
15.5
Explore the Simulation: You Are a Supreme Court Clerk
15.5
http://media.pearsoncmg.com/long/long_longman_media_1/2013_mpsl_sim/simulation.html?simulaURL=10
Courts and Public Policy:A Historical Review
John Marshall and the Growth of Judicial Review
The “Nine Old Men”
The Warren Court
The Burger Court
The Rehnquist and Roberts Courts
15.6
John Marshall and the Growth of Judicial Review
Marbury v. Madison (1803) Judicial review Court has power to interpret Constitution
15.6
Video: In Context 15.6
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg3_Judiciary_v2.html
The “Nine Old Men”
Controversy over New Deal legislation Conservatives on Court did not want federal intervention
in economy Struck down FDR’s legislation
FDR’s court-packing plan Get Congress to expand Court Congress refused “Switch in time that saved nine”
15.6
The Warren Court
Most active Court Chief Justice Earl Warren (1953-1969) Brown was one of his first cases Expanded rights of defendants Prohibited school prayer
15.6
The Burger Court
More conservative Court Chief Justice Warren Burger Roe v. Wade was one of its major decisions Upheld affirmative action Made Nixon turn over tapes
15.6
The Rehnquist and Roberts Courts
Even more conservative Courts Chief Justice William Rehnquist Conservative appointees dominate Chief Justice John Roberts (2005) Bush v. Gore (2000) Highly activist conservative Court
15.6
15.6 What power of the Court was established in Marbury v. Madison?
a. Control of its docket
b. Original jurisdiction
c. Judicial review
d. Affirmative action
15.6
15.6 What power of the Court was established in Marbury v. Madison?
a. Control of its docket
b. Original jurisdiction
c. Judicial review
d. Affirmative action
15.6
Understanding the Courts
Courts and Democracy
Scope of Judicial Power
15.7
Courts and Democracy
Where do courts fit in a democracy? Judges not elected Judges hard to remove Judges are from elite backgrounds
15.7
“Silent majority” 15.7
Courts and Democracy
Not as insulated as it seems Framers relied on insulation Court does follow public opinion
15.7
Bilingual education 15.7
Scope of Judicial Power
Are the courts too powerful? Judicial restraint Defer to legislatures
Judicial activism Protect minorities
15.7
TABLE 15.4: Supreme Court rulings in which federal statutes have been found unconstitutional
15.7
Video: In the Real World 15.7
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg5_Judiciary_v2.html
15.7 Why could a powerful federal judiciary be a problem in a democracy?
a. Judges are unelected
b. Judges are appointed for life
c. Judges are usually from elite backgrounds
d. All of the above
15.7
15.7 Why could a powerful federal judiciary be a problem in a democracy?
a. Judges are unelected
b. Judges are appointed for life
c. Judges are usually from elite backgrounds
d. All of the above
15.7
Explore The Judiciary: Who Are the Activist Judges?
15.7
http://media.pearsoncmg.com/long/long_edwards_mpslgia_16/pex/pex15.html
Discussion Questions
Why do we say that judges make policy? How does the Supreme Court make policy? Is the Court’s policymaking role a problem in a democracy? Why or why not?
15
Video: So What? 15
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Edwards_Ch15_The_Federal_Courts_Seg6_v2.html
Further Review: On MyPoliSciLab
Listen to the Chapter
Study and Review the Flashcards
Study and Review the Practice Tests
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