Chapter 14
Review
What is judicial review?
What is judicial review?
The check on the legislative and
executive branches by the
Supreme Court to rule acts
unconstitutional.
Where does judicial review come
from?
Where does judicial review come
from?
The landmark case of Marbury v.
Madison.
How do the justices of the
Supreme Court decide to hear a
case?
How do the justices of the
Supreme Court decide to hear a
case?
Briefs are submitted and four
judges must agree to hear the case
before it can be put on the docket.
After a judge is nominated by the
president, what happens next?
After a judge is nominated by the
president, what happens next?
The Senate votes and 51 members
must vote yes to confirm a
nomination.
What is a dissenting opinion, and
why bother if you lost?
What is a dissenting opinion, and
why bother if you lost?
Justices on the losing side of a case
write it and gives them the
opportunity to publicly disagree
with the reasoning of the majority.
These also have an effect on later
cases.
What’s a plurality opinion?
What’s a plurality opinion?
Just like a majority opinion, but
represents the opinions of most of
the judges who support the
winning side.
What does the Supreme Court do
when asked to interpret a state
constitution
What does the Supreme Court do
when asked to interpret a state
constitution
They don’t. State constitutions are
interpreted by state supreme
courts, not the US Supreme Court.
But state laws are open to
Supreme Court review.
What is a writ of certiorari?
What is a writ of certiorari?
When the Supreme Court issues an
order for a lower court to send its
record of a case for review.
Who is allowed challenge a law in a
federal court?
Who is allowed challenge a law in a
federal court?
Only people who have a serious
interest in a case, must have what
is called standing.
What does the solicitor general
do?
What does the solicitor general
do?
He or she is the government’s
lawyer in Supreme Court cases.
How do we choose state judges (in
comparison to federal judges)?
How do we choose state judges (in
comparison to federal judges)?
In most states, state judges are
elected (keeps the accountable, or
so the theory goes), and federal
judges are nominated / confirmed.
What does the Latin word
certiorari mean?
What does the Latin word
certiorari mean?
“Make more certain”, which is why
it’s used to describe when the
Supreme Court issues a writ of
certiorari
What is precedent?
What is precedent?
When the court issues a ruling,
other courts have to follow it.
What is judicial activism?
What is judicial activism?
When courts play an active role in
policy making through court
decisions.
Why is there often times a bitter
fight over court nominees now-adays?
Why is there often times a bitter
fight over court nominees now-adays?
Because of the increasing role the
courts are playing in policy making
and how we do things in America.
A strict constructionist judge looks
at the constitution how???
A strict constructionist judge looks
at the constitution how???
Strictly as the rules are written
What did Hamilton think about the
federal judiciary?
What did Hamilton think about the
federal judiciary?
His emphasis was on the executive
branch, so he felt the federal
bench would be the least
dangerous branch. (This was
before Engle and Roe)
What did we learn from McCulloch
v. Maryland?
What did we learn from McCulloch
v. Maryland?
The power to tax is the power to
destroy. Also, that federal laws
trump state laws. (Remember S.C.’s
John C. Calhoun and the doctrine
of nullification?)
After the Civil War, what was the focus
of the Supreme Court on? (Think
about American history for a second or
two.)
After the Civil War, what was the focus
of the Supreme Court on? (Think
about American history for a second or
two.)
The economy and the governments
regulation of it, like the South
transitioning from a free labor
economy to one that pays.
Why did some schools keep
praying after Engle and keep
segregated after Brown?
Why did some schools keep
praying after Engle and keep
segregated after Brown?
The enforcement arm of the
Supreme Court is weak, since it
doesn’t exist. They have to rely on
other branches to enforce their
decisions.
What’s a litmus test for judges?
What’s a litmus test for judges?
When the Senate uses a test of
sorts to determine who they
confirm as a federal judge. Since
the President picks a nominee who
reflects his point of view, the party
who’s not in power usually
complains about the litmus test.
In spite of the litmus test, what
does the Constitution say about
qualifications for federal judges?
In spite of the litmus test, what
does the Constitution say about
qualifications for federal judges?
Judges serve during good behavior,
they don’t have to lawyers or even
judges, they just have to behave.
How many cases that are appealed
to the Supreme Court actually get
to the Supreme Court?
How many cases that are appealed
to the Supreme Court actually get
to the Supreme Court?
Not many, not many at all.
Who decides what cases the
government will appeal from a
lower court?
Who decides what cases the
government will appeal from a
lower court?
The solicitor general, the same guy
who is the government’s lawyer for
Supreme Court.
What does amicus curiae mean?
What does amicus curiae mean?
“friend of the court”, which are
briefs submitted by anyone who
might have an interest in a case
that is before the Supreme Court.
What is a per curiam opinion?
What is a per curiam opinion?
It’s brief and unsigned, usually an
opinion in the majority.
How do interest groups play a role
in selecting federal judges?
How do interest groups play a role
in selecting federal judges?
Lobby the Senate judiciary
committee about nominees, filing
amicus curiae briefs, get their
lawyers involved in cases, file class
action law suits.
When a court acts in a manner
about an important constitutional
issue that annoys many people in
the public, then the court is
behaving how?
When a court acts in a manner
about an important constitutional
issue that annoys many people in
the public, then the court is
behaving how?
Activism
Constitutionally, what power is
specified regarding Congress and
the Supreme Court?
Constitutionally, what power is
specified regarding Congress and
the Supreme Court?
They can determine the size of the
Supreme Court. There is nothing in
the Constitution about Congress
being able to re-write a law to
comply with the court’s objections.
What does stare decisis mean?
What does stare decisis mean?
“let the decision stand” which
means they stand by the lower
court’s decision.
What is a concurring opinion?
What is a concurring opinion?
Written when a justice agrees with
the conclusion of the Court’s
decision, but disagrees with the
logic of the opinion of the Court of
the Court.
Why do people have a problem
with judicial activism?
Why do people have a problem
with judicial activism?
Judges have no experience with
complex institutions (like schools),
they’re not elected and immune from
what people want, there is a cost to
implementing decisions made by
activist judges which they don’t think
of when making their decisions.
What makes the judicial system in
America different?
What makes the judicial system in
America different?
It is an adversarial system and the
truth is supposed to be a result of
the two opposing sides.
How are federal district courts
different from other federal
courts? (Like the Supreme Court
and the Federal Court of Appeals)
How are federal district courts
different from other federal
courts? (Like the Supreme Court
and the Federal Court of Appeals)
They have juries (they’re the courts
where you get tried when you rob
a bank or beat up a mailman).
What is senatorial courtesy?
What is senatorial courtesy?
When the senators of a certain
state are consulted in the
appointment of federal judges
(does not extend to Supreme Court
nominees)
How can special interest group
affect the federal courts?
How can special interest group
affect the federal courts?
File class action lawsuits based on
their interests, file amicus briefs
stating their cause and their point of
view on a pending case, lobbying the
Senate Judiciary Committee regarding
potential nominees to the bench.
The appellate jurisdiction of the
Supreme Court
The appellate jurisdiction of the
Supreme Court
They have no juries, usually 3
judges, reviews cases that have
already been heard in lower courts
and have been appealed to higher
courts by the losing party
How can a presidential
administration best influence the
direction of the federal court
system?
How can a presidential
administration best influence the
direction of the federal court
system?
Appointing judges to the bench,
deciding which cases the government
will appeal to the Supreme Court,
and enforcing the decisions made by
the federal courts
What are the different concurring
opinions available?
What are the different concurring
opinions available?
Simple concurring opinion – judge
joins the decision of the court but
has something to add
Concurring in judgment - judge
agrees with the majority, but not
with the constitutional reasoning
The End