AM GOV 2010
Joseph A. Losco
Ralph E. Baker
THE COURTS
Chapter 14
As You Read
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What is the nature of the judicial process?
How are Supreme Court justices selected?
What is the nature of Supreme Court decision
making?
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3
NATIONAL COURT
STRUCTURE
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The United States employs a dual court system
that features a national court system and
separate court systems in each of the states.
The national court system includes 94 U.S.
district courts.
District courts are trial courts
 District courts deal with cases involving federal
labor, civil rights, Social Security, truth-in-lending,
and antitrust laws
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NATIONAL COURT
STRUCTURE
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There are 13 U.S. Courts of Appeals.
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Losing parties in federal courts have automatic
appeal to appellate courts
Congress creates specialized national courts to
help administer specific congressional statutes.
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NATURE OF THE JUDICIAL
PROCESS
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Colonists brought English common law to
America.
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National judge-made law common to the entire
country
Judicial decisions served both to settle controversies
and establish precedents
Provided basis for judicial review in the U.S.
Judicial review: Supreme Court can strike down
acts of Congress it considers unconstitutional.
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Established in the case of Marbury v. Madison (1803)
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NATURE OF THE JUDICIAL
PROCESS
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There are two basic types of law under the
U.S. judicial system: civil and criminal law.
Civil law: disputes between private parties
 Criminal law: prosecution of individuals who
commit acts prohibited by government
 In most cases, a plaintiff brings suit against a
defendant
 In a class action suit, one or more persons sue on
behalf of a larger set of people
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NATURE OF THE JUDICIAL
PROCESS
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Judicial requirements limit the cases a court can
hear.
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Each court has jurisdiction, or power to hear, certain
types of cases
Supreme Court has both original and appellate
jurisdiction
Justiciability: a court’s power to exclude certain cases
from consideration
Plaintiff must show that he or she was harmed by
defendant’s actions
Federal courts will not hear cases that involve political
questions
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NATURE OF THE JUDICIAL
PROCESS

Courts must determine the facts of a case
before addressing legal questions.
Original jurisdiction courts determine facts
 Appellate courts apply facts to relevant law
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Americans increasingly look to the courts to
resolve their disputes.
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CHANGING NATURE OF THE
SUPREME COURT
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The early Supreme Court heard few cases and was
perceived as a weak institution.
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Marbury v. Madison made Court a force to reckon with
The Marshall Court tended to affirm government
policies.
The Taney Court vigorously protected states’
rights.
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Ruled consistently in favor of slave owners
Frequently at odds with other branches of government
Republicans tried to weaken Court by altering its
composition and jurisdiction
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CHANGING NATURE OF THE
SUPREME COURT

The Court clashed with Franklin Roosevelt’s
New Deal economic policies.
FDR tried unsuccessfully to pack Court with
sympathetic justices
 Court softened opposition to New Deal programs
to maintain its independence
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The modern Supreme Court emphasizes cases
involving civil liberties and civil rights.
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11
SUPREME COURT DECISION
MAKING
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The Supreme Court has almost complete discretion
in deciding which cases to review.
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Today, almost all cases arrive at Court on a petition for
a writ of certiorari
Chief justice prepares a list of cases the Court should
consider at next meeting
Court will hear case if at least four of the justices vote
to grant certiorari
Subject of case often determines whether it gets hearing
Court is more likely to hear cases for which supporters
submit amicus curiae briefs
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12
SUPREME COURT DECISION
MAKING
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After hearing oral arguments, justices meet to
discuss and vote on the case.
After casting votes, justices write opinions on
the case.
Majority opinion explains reasoning behind the
decision reached by majority of justices
 Justice who agrees with majority decision, but for
a different reason, can write a concurring opinion
 A dissenting opinion is one that disagrees with
Court’s decision
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SUPREME COURT DECISION
MAKING
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The Court cannot enforce its decisions; it must
depend on other officials to do so.
External factors help shape Court decisions.
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Congress can propose constitutional amendments to
overturn Court decisions
Congress can threaten to modify Court’s appellate
jurisdiction
Presidents exercise control by filling Court vacancies
Presidents play key role in implementing Supreme
Court decisions
Public opinion can influence Court decisions
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SUPREME COURT DECISION
MAKING
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Ideology affects the decisions of individual
justices.
Justices have different interpretations of their
proper role.
Judicial activism argues that Court should make
public policy and vigorously review government
policies
 Judicial restraint argues that Court should not
make policy or challenge other branches unless
absolutely necessary
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SUPREME COURT
SELECTION
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The president nominates replacements for
deceased or retiring justices.
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Most nominees are personal friends of the president
All nominees undergo an FBI background check
Typical qualifications for Supreme Court
nominees are:
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Distinguished legal career and good reputation
Sharing the views of president about policy
Old enough to be prominent, but young enough to
serve a long time on Court
Diversity in gender, race, and ethnicity considerations
in more recent nominees
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SUPREME COURT
SELECTION

The Senate must confirm Supreme Court
nominees.
Confirmation is by majority vote
 Confirmation less likely if opposition party
controls Senate, when Court is ideologically split,
or late in a president’s term
 Senate Judiciary Committee probes nominee’s
background and holds hearings on the nominee’s
fitness
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LOWER COURT SELECTION
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President typically less involved in selection of
lower court judges.
Senatorial courtesy: Senators from the home
state of a nominee for a lower court that are of
the same party of the president may exercise
veto power over the nomination.
Political partisanship has become a greater
factor in nominating lower court judges.
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CIVIC ENGAGEMENT AND
THE JUDICIARY
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Individuals and interest groups use the courts
to shape public policy
The expansion of the courts’ role in making
public policy is the product of both
Congressional and Supreme Court decisions
The expanded role of the courts emphasizes
personal rights
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Diagram of the U.S. Court System
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20
Federal Judicial Circuits
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May it Please the Court
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Attempting to Explain
Decisions
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United States Supreme
Court Chief Justices
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The Supreme Court
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Hot or Not?
Is it appropriate for Supreme
Court justices to make policy?
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Get Involved
Listen to the oral argument in the case of
Baker v. Carr (http://www.oyez.org/). Discuss
the arguments made concerning the political
question doctrine. Which side had the better
arguments and why? Make a list and discuss
what issues should be placed beyond judicial
consideration because they are political
questions.
© 2010 The McGraw-Hill Companies, Inc. All rights reserved.
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Summary

What is the nature of the judicial process?
Judges have considerable discretion in
deciding issues contained in real cases, but
they are limited by the rules of jurisprudence
and justiciability as to which cases they can
hear.
© 2010 The McGraw-Hill Companies, Inc. All rights reserved.
28
Summary

How are Supreme Court justices selected?
Supreme Court justices are appointed by the
president and confirmed by the Senate for life
terms.
© 2010 The McGraw-Hill Companies, Inc. All rights reserved.
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Summary

What is the nature of Supreme Court
decision making?
The Supreme Court makes agenda decisions
regarding which cases to hear, decides who
wins the case by a majority vote, and then
explain their votes with written opinions that
are implemented and interpreted by others.
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