The Judicial Branch AP Government Chapter 16 Judges Strict Activists Constructionists Study the Constitution Only interpret Actively find the Constitution issues/cases when asked and rule on them Know your M & M’s McCulloch v Marbury v Maryland Madison Midnight judges Judicial review Power of the US Supremacy Clause Supreme Court The Dred Scott Decision Slavery and the Supremacy Clause A slave in a free state is free? Federal laws above state laws A slave is property Characteristics of the US Court system A Dual Court system Can be altered by Congress (# of courts/ judges) Federal Courts State Courts Jurisdiction The Court you go to is determined by… Parties involved, topic, subject matter Types of Jurisdiction Original Appellate Concurrent Exclusive Get a Job…. Judges are selected by the President Senatorial courtesy Litmus tests Confirmed by the Senate Most have the job for life Some special courts have terms Special/Constitutional Courts 2 kinds of Federal Courts Constitutional—in the Const. Special—Created by Congress Some Examples of Courts Special Constitutional Territorial Courts DC Courts Veteran’s Courts 94 District 12 District Appeals Military Courts International Trade Federal Court System Page 449 US Supreme Court State Supreme US Appeals Courts Courts Military Appeals 4 Era’s of the US Supreme Court 1800 1900 1968 ________________________________________ 1860 1930 1990 1800-1860 Internal/Governmental questions 1860-1920 Economy/Labor/Business 1930-1968 Social questions 1990-Today States rights The US Supreme Court Process Outline/Define the steps # of cases/year 2. # of Justices to get the case 3. Certiorari/Certificate 4. Standing/Sovereign immunity 1. Process continued 5. Class-action suits/in forma pauperis 6. Briefs/Amicus 7. Oral Arguments 8. The conference/vote 9. The opinion/decision (Precedents) Impact of Decisions Some are quick-no brainers (stare decisis) Influence policies (PlesseyBrown) Can make great changes (457) (think remedies….) Legislation Purposely vague to allow for interpretation Ex- The New Deal Checks and Balances Executive Select judges (senatorial courtesy) Legislative Create courts Alter # of Judges Impeachment Make laws Approve appointments Policy/Public Influence It is inevitable that the decisions of the courts will impact policy Public opinion influence is minimal because they are in office for life Generally more active creating policy today