11-16-15 Slides

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Supreme Court – how different from other branches?

• 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

How powerful is the Court?

• 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

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