Agenda
• Collect/Discuss Media
Project
• Go over Unit 4 Exam
• Hand out Study Guide
• Assign Ct. Cases
• Opener video clip
• Notes
• Discussion of Topics
• HW: Rdg. Ch. 16; Prep
for Debate
• Go over common
missed ?s
• Print/Copy Study Guide
• Print/Copy Vocab
• Print/Cut Ct. Cases
• Open Video Clip
• Print/Study Notes
• Current Event Notes
Preview: Bond v. United States
Preview: McCutcheon v. U.S.
http://www.cbsnews.com/video/watch/?id=50156672n
http://www.cbsnews.com/8301-18563_162-57606601/
The Judicial Branch
The Referee of U.S. Democracy?
Funny Daily Show Clip
Colbert Nation: John Paul Stevens Interview
Article III
• Why is it discussed 3rd?
– Leg.=Make Laws; Exec. = Enforce Laws
Jud. = Interpret Laws (only natural…)
• Supreme Court only one mentioned in
Constitution…
– Leaves room to expand
• How is Judicial System an example of
Federalism?
– Federal District Courts, Appellate Courts, Supreme
Court
– Dual Court System: Federal and State level
• 97% of Cases Heard in State Courts
Judicial System
• Who has the power to create lower fed.
Courts?
– Congress
• Judiciary Act of 1789:
– Pyramidal Structure-3 tier system
– Estbl. Basic system of courts; reinforce notion of
federalism by creating a dual system
• Congress continues to add courts
– Specialization/division of labor
Federal Courts
– Supreme Court
• Court of last resort; highest court in the land
• Hears cases from State Supreme Ct. and U.S. Courts of Appeals
• Orig. Jurisdiction Cases:
– 2+ states; U.S. & state; US/For. Ambassadors & diplomats
• Judicial Review…Precedents binding on entire nation
– Constitutional: Exercise judicial power in Const.
• 94 Federal District Courts (min. 1/state)—80% of fed. cases
• 13 U.S. Court of Appeals
– Special/Legislative Courts: deal with cases from
expressed powers
• Judges serve fixed terms
• U.S. Tax Court, U.S. Court of Appeals for Armed Forces
Jurisdiction
• Depends on issue/nature of case
• Different Kinds
–
–
–
–
–
Original Jurisdiction
Appellate Jurisdiction
Exclusive Jurisdiction
Concurrent Jurisdiction
Discretionary Jurisdiction
• Judiciary Act of 1925
• Reserved for Sup. Ct. (Must petition for writ of certiorari)
• Types of Law
– Common: Precedent (Policy)
– Criminal
– Civil
Appointment
• Pres. Appoints…Confirmed by Senate
• President’s Appt.:
– U.S. Attorneys, Fed. Marshalls, District Judges,
Circuit Court Judges, and Supreme Ct. Justices
• Senatorial Courtesy
– Pres. consult’s with a state’s senator prior to
nominating candidate
– Custom for fellow senators to follow colleague
– Does not really apply to Sup. Ct. Appointments,
why?
http://www.auburnschools.org/ahs/wbbusbi
n/ap%20resources/apspring_ec.pdf
Appointments
• Formal/Informal Requirements
– Ideology/Partisanship: Very Political Process
– Judicial experience
– Add’l Trends:
• Litmus Test on policy issues
• Race, religion, white, male, region, age,
role(activist/restrained)
• Vetting Process…
•
•
•
•
FBI/ABA Analysis
Litmus Test
Confirmation Hearings (Sen. Judiciary Comm.)
Senate floor…Filibuster?
• Interest Group Influence in the process
• Contribute $ to campaigns, lobby White House &
Senators, Op-ed pieces, protest, appear on tv
Senate Hearings on Sotomayor
State Methods for Appointing Judges
•
•
•
•
Popular Vote…Most Common
Governor Selects
Stage Legislature Selects…Least Common
Missouri Plan
– Combo plan
– Governor picks from list made by indep. panel
– Judge keeps pos. until 1st general election after
appt.
– Vote to be retained
Terms
• Life Terms…good for democracy?
• Designed to be free from public opinion…How?
– Life term, appointed, choose own docket, limited
access to ct. proceedings, salaries can’t be reduced
• Yet, rarely deviates too far from public opinion?
Why?
– Appointment/Confirmation, judicial implementation,
impeachment, judicial legitimacy, overruled with
laws, or Amendments
– Congress can change jurisdiction/# of justices
Interview with John Paul Stevens
• Supreme Court Justice (1975-2010)
Colbert Nation: John Paul Stevens Interview
Supreme Court—9 Justices
Process
1. Petition
–
S.C. Original Jurisdiction: state v. state; U.S. v. state;
Ambassadors/Consuls
2. Conference/Discussion List
3. Writ of Certiorari (Discretionary Jurisdiction)
4. Rule of 4
–
Solicitor General influence
5. Briefs
–
–
–
Detailed arguments arguing each side of case
Cite facts, legal principles, precedents
Amicus Curiae: Briefs submitted by interested parties (i.e.
interest groups…trying to influence the court’s decision
6. Oral Argument (2 week cycles)
• Conference
Process Cont…
– Tentative vote & assign writing of the Opinion
• Opinion Drafts…establish precedents/guides for lower
courts
–
–
–
–
Majority Opinion “law of the land”
Concurring Opinion
Dissenting Opinion
Per Curiam
• An opinion from an appellate/Supreme court that does not identify
any specific judge who may have written the opinion
• Most Cases Decided on Prior Precedent
– Stare Decisis: “Let the decision stand”
– Vast majority of cases decided on prev. precedents
• Announce Decision
Impact of Decisions:
Judicial Activism v. Restraint
• Judicial Activism v. Restraint:
– Refers to the process or method a judge uses to reach a particular decision,
not to the political ramifications of the decision
• Activist (Judicial Activism)
–
–
–
–
–
Strike down/alter acts & overturn previous rulings
Influence policy
Defense: merely fulfilling courts job in system of checks/balance
Correct injustices; Loose interpretation of Const.
More likely support affirmative action; reproductive rights; equal protection
• Restrained (Judicial Restraint)
– “The Constitution is not an empty bottle……it is like a statute, and the
meaning doesn’t change.” –Antonin Scalia
• Strict Constructionist
– Use precedent & “framers intent” to decide case
– Isn’t court’s job to make policy; defer to other 2 branches
Judicial Activism or Restraint
•
•
•
•
•
Plessey v. Ferguson
Brown v. Board of Educ.
Roe v. Wade
Bush v. Gore
Texas v. Johnson
Court Docket
• Cases more likely to be heard if…
– Court decision conflicts with precedent
– Ct. of appeals decision that conflicts with another
court of appeals decision
– Inconsistency between the courts of different
states
– Split decision in court of appeals
Court Docket
• Political Questions: Doctrine developed by
federal courts and used as means to avoid
deciding some cases
– Principally those involving conflicts between
President and Congress
• More likely to void state and local laws than
federal laws
VOTING RIGHTS ACT
• Bans Literacy Tests
• Prohibits any voting practice that has a
discriminatory effect
• Extensive Federal Oversight of Elections
• Judicial Preclearance
– States with a history of discriminatory voting
practices must get approval from Justice
Department before implementing new election
laws
– Does provide bail-out provision
Voting Rights Act: Daily Show
Key Figures in the Justice
Department
• Chief Justice
– Presides over Supreme Court cases
– Determines which decisions will be discussed in conference
– If C.J. in the majority, they get to choose who writes the majority
opinion…very important…why?
• Attorney General
– Head of the Department of Justice
• Solicitor General
– Person appointed to represent the federal government of U.S.
before the Supreme Court.
– Large role influencing which cases heard by supreme court
Supreme Court & Civil
Liberties/Civil Rights 2013
• PBS Newshour: Wed. 10/31
• http://www.pbs.org/newshour/bb/law/janjune13/scotus_02-26.html
• http://www.pbs.org/newshour/bb/law/janjune13/votingrights2_02-27.html
• http://www.pbs.org/newshour/bb/law/janjune13/votingrights1_02-27.html
• http://www.pbs.org/newshour/bb/law/janjune13/scotus_03-18.html
• http://www.pbs.org/newshour/rundown/2013/02/thevoting-rights-act-and-the-road-ahead.html
• http://www.pbs.org/newshour/bb/law/july-dec12/scotus_1207.html