• Way of reaching decisions
• Mode of selection
• Federal district courts
• Federal courts of appeal
How does the Court work?
• Appellate and Original Jurisdiction
• Writ of certiorari
• How decides which cases to accept:
• Conflict between federal appeals courts
• Conflict between federal appeals court and state supreme court
• Conflict between state supreme courts
• Conflict between state or federal appeals court and previous Supreme Court decision or lower court has decided an important question
Selection of Supreme Court justices
• Nominated by president, confirmed by simple majority of senators
Judicial review – why so controversial?
• Judicial restraint
• Judicial activism
• Three theories of constitutional interpretation (text)
• Original intent theory
• Living constitution theory
• Plain meaning theory
• Robert Dahl 1957 – part of the “dominant national alliance” – acts in accordance with other national elites
• Gerald Rosenberg, author of “Hollow Hope” –
Court can’t unilaterally make/force change in social policy, e.g. civil rights, women’s rights