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Chapter 14 Chapter 14 THE COURTS THE COURTS

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Page 1: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

Chapter 14Chapter 14

THE COURTSTHE COURTS

Page 2: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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.

Copyright 2014 Cengage Learning 2

Page 3: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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.

Copyright 2014 Cengage Learning 3

Learning Outcomes

Page 4: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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.

Copyright 2014 Cengage Learning 4

Page 5: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 5

Page 6: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 6

Chief Justice John Marshall

Page 7: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 7

Page 8: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

Copyright 2014 Cengage Learning 8

Page 9: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 9

Page 10: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 10

Page 11: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 11

Page 12: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 12

Page 13: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 13

Page 14: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 14

Page 15: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

The Supreme Court, 2011 Term: The Lineup

Copyright 2014 Cengage Learning 15

Page 16: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 16

Page 17: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

Copyright 2014 Cengage Learning 17

Page 18: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 18

Page 19: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 19

Page 20: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 20

Page 21: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

Welcome to the Club!

Copyright 2014 Cengage Learning 21

Page 22: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

The Supreme Court

Decision Making Judgment and Argument

Judgment – Votes remain tentative until Court issues an opinion announcing its judgment Argument Concurrence Dissent

Copyright 2014 Cengage Learning 22

Page 23: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 23

Page 24: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 24

Page 25: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 25

Page 26: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 26

Page 27: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

Judicial Recruitment

The Appointment of Federal Judges The American Bar Association

Screens candidates for the federal bench Well qualified Qualified Not qualified

Copyright 2014 Cengage Learning 27

Page 28: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 28

Page 29: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 29

Page 30: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

Copyright 2014 Cengage Learning 30

Page 31: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 31

Page 32: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 32

Page 33: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 33

Page 34: Chapter 14 THE COURTS. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance

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

Copyright 2014 Cengage Learning 34