LBriones
Judiciary Study Guide
Resources:
Text chapter 16, video: The Judiciary System, The Judiciary Reading (link on website)
A. Chapter 16: The Federal Courts Chapter Guide
1. Describe the controversy over the role of the courts.
2. Why could some people see judicial review as a controversial power for the Supreme Court?
federal courts of appeal, a Court of Appeals
3. In addition to the Supreme Court, there are
for the
and
federal district courts.
The Nature of the Judicial System
The courts provide an arena for what?
criminal law –
civil law –
Participants in the Judicial System/Litigants
plaintiff –
defendantclass action suits –
Groups
NAACP –
ACLU –
amicus curiae –
How are the wealthy at an advantage in the legal system?
The Structure of the Federal Judicial System
What does the Constitution say about the structure of the federal court system?
Who creates federal courts?
constitutional courts –
legislative courts –
original jurisdiction–
appellate jurisdiction –
District Courts
district courts –
How many judges normally preside? How many in unusual cases and why?
What are three examples of cases that have jurisdiction in district courts?
Courts of Appeal
courts of appeal –
The United States is divided into panels of
three, but each may sit ___
judicial circuits. Each court of appeal hears cases in
The Supreme Court
Supreme Court –
How many justices are on the Supreme Court?
Does the Constitution specify a number of judges?
Who decides which cases will be heard in the Supreme Court?
The vast majority of cases heard in the Supreme Court are from what?
When does the Supreme Court hear cases that originated in State court?
In which cases does the Supreme Court have original jurisdiction?
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The Politics of Judicial Selection
How long is the term of a federal judge?
Who nominates all federal judges? Who confirms and by what vote?
The Lower Courts
senatorial courtesy –
Who besides Senators may suggest candidates for federal judge positions?
What can happen when members of the Senate oppose the President’s proposal for a new judge?
What is a “recess appointment”?
How does divided government impact the appointment process?
The Supreme Court
When the position of Chief Justice is vacant, who may the President nominate?
What is the role of Senators in recruitment of Supreme Court justices (compared to their role in selecting other
federal judges)?
How frequently do President’s fail in getting their candidates appointed to the Supreme Court?
How does this compare with other judicial appointments?
What is the role of the Judiciary committee in the appointment process?
Why was Judge Bork rejected as a Supreme Court Justice? (Origin of the term: “he got borked”
Why was Judge Ginsburg rejected?
What happened when Clarence Thomas was nominated?
When are nominations more likely to run into problems?
The Background of Judges and Justices
The judges serving on the federal court have what characteristics?
What demographic groups have increased?
More than 90% of the presidents’ judicial nominations are members of the Presidents
.
Presidents are sometimes disappointed in the rulings of judges they appoint. Describe Eisenhower’s
disappointment.
The Courts as Policymakers Accepting Cases
writ of certiorari –
*rule of four solicitor general –
Making Decisions
When is the Supreme Court in Session?
What is the function of the written brief?
What is the function of amicus curiae briefs?
What happens during oral arguments?
opinion –
dissenting opinion –
concurring opinion –
stare decisis –
precedents –
Implementing Court Decisions
original intent –
judicial implementation –
How are court decisions implemented?
The Courts and Policy Agenda
Marbury v. Madisonjudicial review –
How does public opinion influence the Supreme
Court?
The Warren/Burger/Rehnquist Courts
What were some of the major rulings of the Warren
Court?
What were some of the major rulings of the Burger
Court?
US v. Nixon ~
What were some of the major rulings of the
Rehnquist Court?
Understanding the Courts
In what ways are the courts not democratic
institutions?
How are the courts impacted by politics?
How do the courts promote pluralism?
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What the Courts should do: The Scope of Judicial Power
judicial restraint –
judicial activism –
political questions –
How does Congress exert influence on the Supreme Court?
How does the POTUS exert influence on the Supreme Court?
How does the Supreme Court exert its independence from all other branches of government?
B. Answer the following short answer prompts.
1. Why did Alexander Hamilton, in Federalist #78, argue that the judiciary would be the weakest branch?
2. Draw the structure of the federal courts, and identify the jurisdiction for each.
3. Compare judicial activism and judicial restraint and their relationship to political ideology.
4. Explain the politics of selecting federal/Supreme Court judges, including the various characteristics and
factors considered.
5. Briefly explain how cases reach the Supreme Court.
C. How the Federal Courts Work
Complete the work on the number below that corresponds to your birthday month.
Number One - January, February, March, May, August
Click through all the parts of this tour of how civil cases go through the federal courts and then take the quiz
about civil cases in the federal courts. Record your score and list three things you learned about civil cases in
federal courts.
Number Two - April, July, December
Click through all the parts of this tour of how criminal cases go through the federal courts and then take this quiz
about criminal cases in the federal courts. Record your score and list three things you learned about criminal
cases in federal courts.
Number Three – June, September, October, November
Click through all the parts of this tour of how appeals go through the federal courts and then take this quiz about
appeals in the federal courts. Record your score and list three things you learned about Federal Courts of Appeal.
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Civil Rights & Liberties
You should be able to summarize from memory significant Supreme Court interpretations of the
Constitution and the amendments especially as these interpretations have changed the meaning of the
Constitution or the Bill of Rights. Probably the most significant are the First Amendment freedoms (of
religion, speech, press, petition, and assembly) and the due process and equal protection clauses of the
Fifth and the Fourteenth Amendment.
.
Some important facts:
Initially, the Bill of Rights was intended to limit the powers of the national government to prevent
infringement upon individual civil liberties. After the Civil War, the Fourteenth Amendment (ratified in
1868) included guarantees that “no state shall abridge the privileges or immunities of citizens of the
United States; nor shall any state deprive any person of life, liberty, or property without due process of
law; nor deny ... equal protection of the law.” This seems to me to explicitly apply these guarantees to
the states. Nevertheless, this took some time.
Selective Incorporation is a judicial doctrine whereby, most, but not all, of the protections found in the
Bill of Rights are made applicable to the states via the Fourteenth Amendment. At the present time,
only the Second, Third, and Seventh Amendments and the grand jury requirement of the Fifth
Amendment have NOT been applied specifically to the states.
Mention of the term “selective incorporation” was first set forth in Palko v. Connecticut (1937). Although
upholding the Connecticut murder conviction of Frank Palko, the Supreme Court established that some
protections found in the Bill of Rights are absorbed into the concept of due process as provided for in
the
Fourteenth Amendment because they are so fundamental to our notions of liberty and justice that they
cannot be denied by the states. Important examples include:
Freedom of speech, press, assembly and religion (from the 1st Amendment),
Protection against unreasonable searches and seizures (from the 4th Amendment),
Protection against self-incrimination and the right to counsel and trial by an impartial jury in a
public and speedy trial (from the 5th, 6th and 7th Amendments).
Before Palko in 1937 there were cases that seem to suggest the idea of selective incorporation (that is
without using that specific term). These include Gitlow v. New York (1925) and Near v. Minnesota
(1931).
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D. Supreme Court cases to know & love! (aka 6TH CYCLE PROJECT):
Working with partners (groups of 3-5), research the 15 court cases with asterisks using the guidelines below.
Then choose 4 of the cases and prepare a presentation to share with the class. You may make a video, song,
poem, book, skit, or any combination thereof. Your final product will be presented to class (date tba) and will be
assessed on content, creativity, and neatness.
Information you must include:
I.
Case Information
Name of Case, Year (Decision), related Amendment #, excerpt of amendment
II. Summary of Case
Background, Plaintiff & Defendants, reason for bringing the suit
III. Decision
Issue of case (in question form), Chief Justice, vote tally, key arguments in
majority & dissenting opinions
Incorporation Cases
Barron v. Baltimore (1833)
*Gitlow v. New York (1925)
Near v. Minnesota (1931)
Palko v. Connecticut (1937)
Freedom of Religion: Establishment Clause
*Everson v. Board of Education (1942)
*Lemon v. Kurtzman (1971)
Wallace v. Jaffree (1985)
Westside Community Schools v. Mergens (1990)
Santa Fe Independent School District v. Doe (2000)
Ten Commandments cases:
McCreary County v. ACLU of KY (2005)
Van Orden v. Perry (2005)
Freedom of Religion: Free Exercise Clause
Reynolds v. United States (1879)
Sherbert v. Verner (1963)
Employment Division v. Smith (1990)
Church of Lukuani Babalu Ave., v. Hialeah (1993)
Freedom of Speech and Press
*Schenck v. United States (1919)
Near v. Minnesota (1931)
New York Times Co. v. Sullivan (1964)
*Tinker v. Des Moines (1969)
*New York Times Co. v. U.S. (1971)
Miller v. California (1973)
Bethel School District No. 403 v. Fraser (1986)
Hazelwood School District v. Kuhlmeier (1988)
Texas v. Johnson (1989)
Morse v. Frederick (2007)
Freedom of Assembly and Petition
NAACP v. Alabama (1958)
Boy Scouts of American v. Dale (2000)
2nd Amendment rights
District of Columbia v. Heller (2008)
Due Process and the Rights of the Accused
*Mapp v. Ohio (1961)
*Gideon v. Wainwright (1963)
*Miranda v. Arizona (1966)
Death Penalty cases:
Furman v. Georgia (1972)
Gregg v. Georgia (1976)
Equal Protection of the Laws
*New Jersey v. T.L.O (1985)
*Korematsu v. United States (1944)
*Brown v. Board of Education of Topeka (1954)
*Regents of the University of California v. Bakke (1978)
Lawrence v. Texas (2003)
Grutter v. Bollinger (2003) and Gratz v. Bollinger (2003)
Equal Protection – Women
*Griswold v. Connecticut (1965)
Reed v. Reed (1971)
*Roe v. Wade (1973)
Webster v. Reproductive Health Services (1989)
Planned Parenthood v. Casey (1992)
Gonzales v. Carhart (2007)