THE JUDICARY
(FEDERAL COURTS)
Judiciary and Democracy
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What is undemocratic about the federal
judiciary?
Where or how is democracy enhanced by
the judiciary?
Important aspects of the Courts
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SCOTUS: Nine justices, set in 1869.
The Supreme Court in the Constitution.
Congress and inferior courts.
Dual court system
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??
$: Associate justices, $213,900; chief justice,
$223,500. (As of 2010.)
Judicial Review
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What was it again?
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Begun with Chief Justice John Marshall.
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Established in Marbury v. Madison.
Federal Court System
How Virginia Rolls
http://www.courts.state.va.us/courts/home.html
Federal District Courts — Trial Courts of
Original Jurisdiction
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Most cases in the federal court system are first
heard in one of the 94 district courts.
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Has Grand juries that indict defendants
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Only level of federal court that uses juries and
witnesses.
Virginia has two districts: Eastern and
Western.
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U.S. Courts of Appeal — Intermediatelevel Courts of Appellate Jurisdiction
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No new cases – only appeal.
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12 geographic regions (circuits) to hear appeals from
the district courts.
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U.S. Court of Appeals for the Federal Circuit.
Map of Circuit Courts of Appeal
U.S. Supreme Court
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A court of both original jurisdiction and appellate
jurisdiction
The decisions and opinions of the Supreme Court
become the most important sources of precedent on
federal and constitutional questions for courts at all
levels of jurisdiction.
Decisions establish precedents that guide other
judges; significance of stare decisis.
Not the most diverse crowd: only four women, two
African Americans, and one Latina have been
appointed to the top bench, and none earlier than the
1960s.
Court opens its TERM on 1st Monday in Oct and ends
the following Oct., but they stop hearing arguments in
May/June and then decisions roll out; by July/Sept.
they are planning on cases to look at next term.
Homework: Who are these
people?
Going to the TOP!
Writ of Certiorari (Rule of Four)
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Four justices decide if entire Court will
hear a case.
The Court has a number of screening
mechanisms to control its docket.
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Real and adverse: real people.
Standing: real conflicts.
Ripe.
Forms and procedures.
Writ of Certiorari
The Supreme Court in Action
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Chief Justice.
Each chamber averages 7 people:
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The Justice.
Three to four clerks.
Two secretaries.
One messenger.
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Ideology
Justice:
President:
Year:
Thomas
Bush
1991
Scalia
Reagan
1981
Alito
GW Bush
2006
C.J. Roberts
GW Bush
2005
Kennedy
Reagan
1988
Breyer
Clinton
1994
Ginsburg
Clinton
1993
Kagan
Obama
2010
Sotomayor
Obama
2009
All presidents, FDR to Reagan (except Ford), appointed 90+% justices from
their own party. All of the above (except Kagan) were US Circuit Court judges.
Don’t know who Roberts is?
His wife answered here!
Deciding Cases
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Reads Briefs (written arguments).
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Including those from Amicus curie.
Oral argument.
Conference, decision.
Written opinions.
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Majority opinion.
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Concurring opinion.
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Dissenting opinion.
Ideology of SCOTUS
Scores developed by Andrew Martin and Kevin Quinn.
Another take
And yet another…
Finally
Decision Making
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Philosophy
 Strict interpretation/Originalism.
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Living Constitution.
When to Jump In:
 Judicial activism.
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Judicial restraint.