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The Federal Judiciary

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Title: The Federal Judiciary


1
The Federal Judiciary
2
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3
The Structure of the Federal Judicial System
4
Important Terms
  • Attorney General
  • Solicitor General
  • En Bank- all judges will hear a case rather than
    a panel. Used for complex or significant cases
    where it is of significance to the public.
  • Litigants
  • Plaintiff
  • Defendant
  • standing to sue- who is authorized to start a
    lawsuit
  • Habeas corpus- an arrested person must be
    informed of charges against them.

5
The Supreme Court
6
Judicial Review
  • Marbury v. Madison. Gave the Supreme Court what
    power?
  • Reviews Constitutionality of
  • State and federal legislation
  • Actions of chief executives
  • Decisions of other courts
  • The Courts generally have tried to avoid
    deciding conflicts between Congress and the
    President. (called political questions)

7
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Factors That Influence Supreme Court Nominations
9
The U.S. Constitution and the Appointment of
Supreme Court Justices
  • Article II, Section 2 describes the appointment
    powers of the President
  • He shall have Power, by and with the Advice
    and Consent of the Senate to nominate Judges of
    the Supreme Court.

10
The U.S. Constitution and the Supreme Court
  • Article III describes the judicial power of the
    Supreme Court
  • The judicial Power of the United States, shall
    be vested in one supreme Court, and in such
    inferior Courts as the Congress May establish.
    The Judges, both of the supreme and inferior
    Courts, shall hold their Offices during good
    Behavior

11
What does this cartoon tell us about factors
considered in the nomination/confirmation
process..
12
Factors That Influence Supreme Court Nominations
  • Party affiliation (80 or higher)
  • Judicial Philosophy
  • Litmus Test - where nominees stand on
    controversial issues like abortion
  • Background of nominee (education, experience,
    race, gender, ethnicity, etc.)
  • Political favors
  • Interest group input
  • American Bar Association certification
  • Securing a safe nominee

13
The Constitution the Supreme CourtQuestions
for Discussion
  1. Identify the constitutional requirements for
    appointing Supreme Court Justices.
  2. Discuss the purpose and significance of federal
    judges servings life terms.
  3. How do these constitutional provisions promote
    checks and balances of the three branches of the
    federal government?

14
U.S. Supreme Court Confirmation Process
Stage 2 Senate Judiciary Committee Hearing
Stage 3 Full Senate Vote
Stage 4 Oath of Office?
15
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17
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18
I will take this case all the way to the Supreme
Court
  • Writ of Certiorari (i.e."Rule of Four)
  • Annual docket 8,000 cases
  • Fewer than 100 heard or reviewed
  • 300 filing fee
  • In forma pauperis right to be heard at no
    expense.
  • Often, interest groups will foot the bill.
  • Quorum 6

19
Impact of Rulings
  • When making their decisions, SC justices consider
    the following
  • Stare Decisis or precedent...
  • let the decision stand.
  • Why important?
  • Stability
  • Legitimacy
  • Equality
  • Personal Ideology (Activism vs. Restraint?)
  • Public Opinion
  • See following slides for 2 3

20
Judicial Activism vs. Judicial Restraint
  • Judicial Activism
  • The tendency of judges to interpret the
    Constitution according to their own views
  • Judges should discover general principles
    underlying the Constitution, amplify them, and
    apply them to cases.

21
Judicial Activism vs. Judicial Restraint
  • Judicial Activism
  • The tendency of judges to interpret the
    Constitution according to their own views
  • Judges should discover general principles
    underlying the Constitution, amplify them, and
    apply them to cases.
  • Judicial Restraint
  • Those who believe that the Supreme Court in its
    rulings should defer to the elective institutions
    of government
  • Belief that judges should only judge i.e.
    confine themselves to applying rules clearly
    stated in the language of the Constitution.

22
Activity Activism or Restraint?
  1. Justice Harry Blackmun in dissenting opinion in
    Furman v. Georgia (1972) (voided the death
    penalty) stated, "Cases such as these provide for
    me an excruciating agony of the spirit I yield to
    no one in the depth of my distaste antipathy and
    indeed abhorrence, for the death penalty. were I
    a legislator I would vote against the death
    penalty. . I do not sit, however as a
    legislator... our task here .. . is to vote pass
    on constitutionality of legislation that has been
    enacted and that is challenged. This is the sole
    task for judges. We should not allow our personal
    preferences as to the wisdom of legislative or
    congressional action, or our distaste for such
    action to guide our judicial decision.

23
Activity Activism or Restraint?
  • 2) Justice Stephens in Clinton v. New York City
    (line-item veto) argues that the law is
    unconstitutional in part, because Article II
    section 7 stases that a bill be "presented to the
    President of the United States if he approve he
    shall sign it, if not he shall return it." This
    leaves no room for another option.

24
Activity Activism or Restraint?
  • 3) In Texas v. Johnson (1989) Justice Brennan
    found that Johnson's conviction for flag
    desecration is inconsistent with the first
    amendment. The first amendment forbids the
    abridgment only of 'speech' but we have long
    recognized that its protection does not end at
    the spoken word.

25
ADVICE
  • As you read, pay close attention to how each
    Supreme Court Chief Justice impacted his court.
    Be able to discuss the impacts of each court.

26
Checks on Judicial power
27
Public Opinion
  • The Courts do not deviate too far from public
    opinion, because
  • Reliance on other public officials to execute
    decisions.
  • May be overruled with new laws or constitutional
    amendments.
  • Concern for its reputation/credibility.
  • The potential for the impeachment of judges.
  • Congressional control of the Supreme Courts
    appellate jurisdiction and/or changing the number
    of justices on the Court.
  • Pass legislation that clarifies existing laws
    and, thus, overturns the courts.

28
However
  • The Supreme Court is insulated from public
    opinion by
  • Appointed, not elected
  • Serve life-terms
  • Courts ability to control its own docket/set its
    own agenda.
  • Salaries cannot be reduced.
  • Limited access to Court proceedings

29
VIDEO
  • During the video where Chief Justice John Roberts
    discusses the Origin, Role, and Impact of the
    Supreme Court, record the question asked and
    briefly summarize the answer.

30
REVIEW from John Roberts Discussion
  • What are the steps taken once a case has reached
    the Supreme Court?

31
The Supreme Court in Action
  1. After cert has been granted
  2. Lawyers for each side submit a brief, which sets
    forth the facts of each case and summarizes lower
    court decisions.
  3. Oral arguments before court. (no more than ½ hr.)

32
The Supreme Court in Action
  • Every Friday, the judges secretly meet in their
    chambers to debate the cases and decide whether
    or not to grant cert.
  • No one speaks twice before everyone speaks
    once.
  • After arguments, they vote

33
The Supreme Court in Action
  • Decision Rendered
  • Types Per curiam, Majority Opinion, Concurring
    Opinion, Dissenting Opinion

34
CAUTION
  • Remember that this lesson is designed to
    highlight key information or clarify some things
    that may be confusing. This is NOT a
    comprehensive lesson on the Federal Court System.
    To gain a more thorough understanding, make sure
    that you carefully read Chapter 16 and complete
    the reading guide.
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