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