Title: The Federal Judiciary
1The Federal Judiciary
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3The Structure of the Federal Judicial System
4Important 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.
5The Supreme Court
6Judicial 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)
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8Factors That Influence Supreme Court Nominations
9The 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.
10The 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
11What does this cartoon tell us about factors
considered in the nomination/confirmation
process..
12Factors 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
13The Constitution the Supreme CourtQuestions
for Discussion
- Identify the constitutional requirements for
appointing Supreme Court Justices. - Discuss the purpose and significance of federal
judges servings life terms. - How do these constitutional provisions promote
checks and balances of the three branches of the
federal government?
14U.S. Supreme Court Confirmation Process
Stage 2 Senate Judiciary Committee Hearing
Stage 3 Full Senate Vote
Stage 4 Oath of Office?
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18I 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
19Impact 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
20Judicial 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.
21Judicial 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.
22Activity Activism or Restraint?
- 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.
23Activity 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.
24Activity 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.
25ADVICE
- 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.
26Checks on Judicial power
27Public 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.
28However
- 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
29VIDEO
- 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.
30REVIEW from John Roberts Discussion
- What are the steps taken once a case has reached
the Supreme Court?
31The Supreme Court in Action
- After cert has been granted
- Lawyers for each side submit a brief, which sets
forth the facts of each case and summarizes lower
court decisions. - Oral arguments before court. (no more than ½ hr.)
32The 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
33The Supreme Court in Action
- Decision Rendered
- Types Per curiam, Majority Opinion, Concurring
Opinion, Dissenting Opinion
34CAUTION
- 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.