shea chapter 9

9The Judiciary

Video: The Big Picture 9

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Video: The Basics 9

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Court Structure and Processes

Trial Courts

Appellate Courts

The U.S. Supreme Court

9.1

Trial Courts

Dual court system Criminal prosecution Civil lawsuits Jury trial

Original jurisdiction Settlements and plea bargains

9.1

TABLE 9.1A: Structure of the American court system

9.1

TABLE 9.1B: Paths to the U.S. Supreme Court for criminal and civil cases in state and federal court systems

9.1

Appellate Courts

Appellate courts Courts of last resort No jury trials

Majority opinion Concurring and dissenting opinions

9.1

9.1Actor Mel Gibson

FIGURE 9.1: Geographic jurisdiction of federal courts

9.1

The U.S. Supreme Court

Writ of certiorari Justices choose the cases Appellate briefs and oral arguments Conference and vote

Majority opinion Concurring and dissenting opinions

9.1

TABLE 9.2: Supreme Court Justices 9.1

Supreme Court Justice Sonia Sotomayor

9.1

9.1 All of the following are part of the appellate court process except:

9.1

a. Appellate briefs

b. Jury trials

c. Oral arguments

d. Lower court review

9.1 All of the following are part of the appellate court process except:

9.1

a. Appellate briefs

b. Jury trials

c. Oral arguments

d. Lower court review

The Power of American Judges

Constitutional and Statutory Interpretation

Judicial Review

Federal Judges’ Protected Tenure

9.2

Alexander Hamilton 9.2

Constitutional and Statutory Interpretation

Statutes May need interpretation

“Cruel and unusual punishments” What does that mean?

Political battles over judge nominations Arise given judges’ interpretive authority

9.2

Judicial Review

Marbury v. Madison Established judicial review

Judiciary Act of 1789 Designed the federal court system

Writ of mandamus Order by the court

9.2

TABLE 9.3: Judicial Review 9.2

Chief Justice John Marshall 9.2

Federal Judges’ Protected Tenure

Impeachment Generally removed only for criminal activity

Court-packing plan FDR’s attempt to influence the judiciary

9.2

Video: In Context

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9.2

FIGURE 9.2: U.S. Supreme Court justices’ length of service and age

9.2

9.2 What did the case Marbury v. Madison establish?

9.2

a. “Cruel and unusual punishments”

b. Judicial review

c. Certain sections of the Judiciary Act of 1789

d. Writs of mandamus

9.2 What did the case Marbury v. Madison establish?

9.2

a. “Cruel and unusual punishments”

b. Judicial review

c. Certain sections of the Judiciary Act of 1789

d. Writs of mandamus

Judicial Selection

Judicial Selection in the Federal System

Judicial Selection in the States

9.3

Confirmation process President appoints, Senate confirms Senatorial courtesy Filibuster

Judicial Selection in the Federal System

9.3

Partisan elections

Nonpartisan elections

Gubernatorial or Legislative appointment

Judicial Selection in the States

9.3

TABLE 9.4: Primary methods of initial judicial selection for state judges

9.3

9.3 Where is the first hearing held for a nominee for a federal judgeship?

9.3

a. Senate Rules Committee

b. Senate Judiciary Committee

c. Senate Floor

d. Conference Committee

9.3 Where is the first hearing held for a nominee for a federal judgeship?

9.3

a. Senate Rules Committee

b. Senate Judiciary Committee

c. Senate Floor

d. Conference Committee

Judicial Decision-Making

Decision-Making and Case Precedent

Political Science and Judicial Decision-Making

9.4

Decision-Making and Case Precedent

Case precedent

Original intent What did the framers intend?

Flexible interpretation What do the words mean in light of current values?

9.4

Justice Antonin Scalia 9.4

Justice Anthony Kennedy 9.4

Political Science and Judicial Decision-Making

Legal model Justices follow theories and consider precedents

Attitudinal model Opinions driven by attitudes and values

Strategic voting vodel Advancing a specific goal

9.4

Video: Thinking Like a Political Scientist

9.4

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Justice Elena Kagen 9.4

9.4 When Supreme Court justices weigh theory and precedent, they are following this concept:

9.4

a. Attitudinal model

b. Strategic voting model

c. Legal model

d. New institutionalism

9.4 When Supreme Court justices weigh theory and precedent, they are following this concept:

9.4

a. Attitudinal model

b. Strategic voting model

c. Legal model

d. New institutionalism

Explore the Simulation: You Are a Supreme Court Clerk

9.4

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Explore the Judiciary: Who Are the Activist Judges?

9.4

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Action in the Court Pathway

Interest Group Litigation

Elements of Strategy

9.5

Interest Group Litigation

Expertise Requires attorneys who know the law

Litigation resources Lawyers who work pro bono

9.5

FIGURE 9.3: Policy-shaping litigation on the University of Michigan affirmative action cases

9.5

Elements of Strategy

Selection of cases

Choice of jurisdiction

Framing the arguments

Public relations and the political environment

9.5

Activists protesting outside the Supreme Court

9.5

Video: In the Real World 9.5

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9.5 Which of these is an important strategic consideration for special interest groups?

9.5

a. Selection of cases

b. Choice of jurisdiction

c. Framing the argument

d. All of the above

9.5 Which of these is an important strategic consideration for special interest groups?

9.5

a. Selection of cases

b. Choice of jurisdiction

c. Framing the argument

d. All of the above

Implementation and Impact of Court Decisions

Watergate

Cherokee removal

Brown v. Board of Education

9.6

9.6 What do Watergate, Brown v. Board of Education and the Cherokee removal cases illustrate?

9.6

a. The power of the Supreme Court

b. The policy-shaping role of the Supreme Court

c. The reliance of the Supreme Court on public and executive branch cooperation to enforce its rulings

d. The need for judicial activism

9.6 What do Watergate, Brown v. Board of Education and the Cherokee removal cases illustrate?

9.6

a. The power of the Supreme Court

b. The policy-shaping role of the Supreme Court

c. The reliance of the Supreme Court on public and executive branch cooperation to enforce its rulings

d. The need for judicial activism

Judicial Policymaking and Democracy

Life-tenure of federal judges

Majority rule

Protection of rights for individuals

9.7

The U.S. Supreme Court 9.7

9.7 The Constitution positions federal judges to do what?

9.7

a. Protect constitutional rights

b. Temper majority rule

c. Review laws for constitutionality

d. All of the above

9.7 The Constitution positions federal judges to do what?

9.7

a. Protect constitutional rights

b. Temper majority rule

c. Review laws for constitutionality

d. All of the above

Discussion Question

How does the Supreme Court set policy? Should policy-making be left to Congress and the executive branch? Why or why not?

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Video: So What?

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