Chapter 14
The Federal Judicial System
 The Supreme Court of the United States
 Selecting and deciding cases
 Issuing decisions and opinions
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Majority
Plurality
Concurring
Dissenting
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The Federal Judicial System
 Other federal courts
 U.S. district courts
 U.S. courts of appeals
 Special U.S. courts
 The state courts
 Political appointment
 Elected judges (most common form)
 Merit-plan judges
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Federal Court Appointees
 Supreme Court nominees
 Presidents nominate those with compatible political
philosophy
 Nominees must be acceptable to others
 Very few nominees rejected by Senate after nineteenth
century
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Federal Court Appointees
 Lower-court nominees
 Senatorial courtesy
 Presidents typically select members of same party
 Personal backgrounds of judicial appointees
 Nearly all recent appointees from appellate courts
 Most are white men, but diversity has increased in recent
decades
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The Nature of
Judicial Decision Making
 Legal influences on judicial decisions
 The facts of a case
 Three main sources of law
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The Constitution
Legislative statutes
Legal precedents
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The Nature of
Judicial Decision Making
 Political influences on judicial decisions
 Inside the Court: judges’ political beliefs
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Justices vote in line with their political attitudes
Not all issues clear-cut
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The Nature of
Judicial Decision Making
 Political influences on judicial decisions
 Outside the Court: the public, groups, and elected officials
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Court cannot move too far from public opinion
Interest groups
Congressional legislation and presidential appointments
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Judicial Power and
Democratic Government
 Originalism theory versus living constitution theory
 Originalism: determine and preserve founders’ intent
 Living constitution: adaptable to changing social situation
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Judicial Power and
Democratic Government
 Judicial restraint versus judicial activism
 Restraint: judges should abide by precedent and legislation
 Activism: judges should interpret Constitution and statutes
in light of established principles when elected officials fail
to do so
 What is the judiciary’s proper role?
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