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Judiciary

Judiciary. The Supreme Court and the Court System This presentation is the property of Dr. Kevin Parsneau for use by him and his current students. No other person may use or reprint without his permission. The Judiciary.

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Judiciary

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  1. Judiciary The Supreme Court and the Court System This presentation is the property of Dr. Kevin Parsneau for use by him and his current students. No other person may use or reprint without his permission.

  2. The Judiciary • What are the constitutional powers of the court and how have they changed? • What is judicial review and the controversies around it? • How are members of the court selected? • How does the court select its cases? • What types of decisions does the court make? • What affects court decisions?

  3. Supreme Court Basics • Authority • Constitution- “judicial power” • Membership (9 Justices) • “Judicial Review” • Marbury v. Madison 1803

  4. Judicial Review Controversy • Pros and Cons

  5. Selection of Justices • President nominates/ Senate confirms • Legacy   • Experience  • Ideology • Litmus Test • Representativeness

  6. Litmus Test (political definition):a question of a nominee or candidate for which the answer will determine whether the nominee or candidate is supported or opposed. It is often associated with presidents or senators determining whether they will support or oppose a Supreme Court nominee based upon agreement with the president or senator on a single issue.

  7. Legal Authority Jurisdiction: a given court’s authority to hear a particular kind of case. • Supremacy Clause • Original jurisdiction (the right to be the first court to try a case)  • Appellate jurisdiction (the authority to review cases tried in another court)

  8. Selection of Cases •  Appeals • Constitutional Question • Do not question facts of the case • Standing • Writ of certiorari • 4 of 9 justices • Solicitor General

  9. Decisions • Affirm • Reverse • Remand

  10. Decisions • Majority opinion  • i.e. the decision of the court • Minority opinion • Concurring opinion • Dissenting opinion • amicus curiae • Chief Justice’s power

  11. Activism vs. Restraint • Judicial Activism • Judicial Restraint • Strict Constructionists

  12. Other Courts • Supreme Court is the Court of Last Appeal over two parallel court systems • Federal • Circuit Courts of Appeal • Federal District Court • State • State Supreme Courts • State Lower Courts

  13. Two Parallel Systems

  14. Other Issues • Impact • Upper Court Myth • Legislative actions with judicial tools

  15. Some thoughts • Judicial review • Highest court in the land • The Court and politics • Membership • Public Opinion • Its undemocratic and democratic effect on democracy

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