The Judicial Branch
United States v other nations
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Only in the U.S. do judges play such a
large role in _______________.
________________- the right of federal
courts to rule on the constitutionality of
laws and executive actions.
It’s the #1 judicial weapon in the checks
and balances system.
How to interpret the
Constitution?
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There is much debate on how the
Constitution should be interpreted:
1) _______________________- judges
are bound by the wording of
Constitution. (narrowly interpret)
2) ____________- judges should look
to the underlying principles of the
Constitution. (broadly interpret).
Precedents
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Definition- When judges rule on cases
by using the decisions of previous
judges.
Also known as __________________“Let the decision stand.”
The History of the Federal
Judiciary
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Most founders probably expected judicial
review but did not anticipate the courts to
have such a large role in policy-making.
Hamilton - Federalist #78- the ____________
of judges is essential to a democracy.
He believed the courts to be the least
dangerous of the three branches.
National Supremacy and
Slavery 1789-1861
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Marbury v Madison (1803)
McCulloch v. Maryland (1819)
Gibbons v. Ogden (1824)- interstate
___________________ strengthened (under
authority of federal government).
Dred Scott v. Sanford (1857)- Blacks could
not become free citizens of the U.S.
Government & the Economy
1865-1936
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Dominant issue: Could the federal
government _________________________?
Private property protected by the 14th
amendment.
Narrow interpretation of _____ and ______
amendments in relation to blacks allowing
segregation (Plessy v Feruson (1896),
excluded blacks from voting in many states.
Government & political liberty
(1936-present)
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Court establishes tradition of deferring to the
legislature in economic regulation cases.
Courts shift attention to _________________
as is active in defining rights.
_______________- liberal protection of rights
and liberties against government trespass.
1992- Court rules that states have the right to
resist some federal action.
Federal Courts Structure
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Two kinds of federal courts were created by
Congress to handle cases that the Supreme
Court does not need to decide.
1) __________________________- exercise
judicial powers found in Article III
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Judges serve for life, with good behavior
Salaries not reduced while in office
Appointed by prez, confirmed by Senate
Constitutional Courts
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District Courts- (_____)
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At least 1 in each state
Trial courts of the federal system
Single judge and jury present.
Circuit Court of Appeals (____)
appellate court
located regionally
panel of 3 judges
Circuit Court of Appeals
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Decisions appealed to the US Supreme
Court.
Over 8000 decisions get appealed in a
calendar year.
Most get denied. When this happens, the
decision is ________ back to the lower court,
which means the circuit court decision stands.
Circuit Court decisions are usually the court
of __________________ for most cases.
Selecting Judges
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All constitutional court judges are
nominated by the _____________ and
confirmed by the ______________, on
recommendation from the Senate
Judiciary Committee.
_________________ usually employed
for district judges.
The Litmus Test
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Presidents seek judges who share an
ideology similar to their own.
Greatest impact on court decisions is
____________________.
Litmus test during Reagan/Bush
administrations was ___________.
Jurisdiction of Courts
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Dual court system- state courts and federal
courts have their own ________________.
Federal cases listed in Article III and the 11th
Amendment.
Federal question cases: involving US
Constitution, federal law and treaties.
Also cases involving different __________ or
______________ of different states.
Federal or State Court?
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Some cases can be tried at either level.
Example: if both federal and state laws
have been broken. (_______________)
State cases can sometimes be
appealed to the Supreme Court….a
___________ question must be raised.
Route to the Supreme Court
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Most federal cases begin in district court, then
are appealed to circuit court.
Supreme Court picks which cases it wants to
hear. ___________- 4 justices agree to hear
case, then issue a writ of certiorari
Usually pick cases that deal with:
1) significant federal or __________ question
2) conflicting decisions by circuit courts
3) constitutional interpretation by a high state
court, about state or federal law.
Going Supreme!!
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About 8000 requests for certiorari are
submitted, the Supreme Court usually limits
its _____________ to no more than 100
cases in a year.
The Supreme Court sometimes hears cases
on ______________ jurisdiction:
1) when a foreign ambassador is named in a
case
2) when a state is named in a case
3) when maritime/_________ law is involved.
Supreme Court in Action
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Each side has an 1/2 hour for oral
arguments, including interruptions for
questions by justices.
Briefs are submitted by each side and
friends of the court – ______________
briefs.
Solicitor general- ________ justice
Conference Procedures
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Judges meet in chambers.
Chief Justice speaks ______, votes _______
Selection of opinion writer
Types of opinions:
1) per curiam- brief and unsigned
2) majority opinion- official decision
3) _______________ opinion- agree, but for
different reason
4) Dissenting opinion- minority opinion.
Checks on Judicial power
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Congress:
1) _____________ and impeachment
2) change the number of judges
3) changing jurisdiction of courts
4) revising legislation
5) ______________ the Constitution
Public Opinion and the Courts
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Judges do not follow ______________.
However, over time if public opinion is
consistent, judges will adapt laws to
_________ public opinion.