1 / 16

The Judiciary

The Judiciary. The Power of the Bench. In the United States judges play a large role in making public policy. An independent judiciary must exist for courts to play a significant role.

annis
Download Presentation

The Judiciary

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The Judiciary

  2. The Power of the Bench • In the United States judges play a large role in making public policy. • An independent judiciary must exist for courts to play a significant role. • Judicial review allows federal courts to declare acts of Congress and acts of the executive branch illegal. (Marbury v. Madison)

  3. Judicial Independence • Judicial independence = judges make decisions without interference from politicians. • Judicial independence is a hallmark of any true democracy.

  4. Judicial Review Applied • The right of federal courts to practice judicial review is no longer controversial. • HOW the federal courts conduct judicial review is extremely controversial. • Loose (activist) v. strict constructionist approaches to the Constitution – not necessarily the same as liberal and conservative judges (but there is a link).

  5. Interpretations of the Constitution • Strict-constructionists: believe “judges should judge” not make policy – narrow interpretation of government powers beyond the expressed powers (limited use of Elastic Clause). • Also called “originalists.”

  6. Interpretations of the Constitution • Loose-constructionists believe judges should rule based on the Constitution’s underlying principles – broad interpretations of government powers beyond expressed powers (also called an activist approach).

  7. Structure of the Federal Courts

  8. U.S. Courts of Appeals (Circuit Courts) Boundaries A judgeship on the D.C. Circuit court is thought of as a stepping-stone to the U.S. Supreme Court.

  9. Selecting Judges • Federal judges are appointed by the President and confirmed by a majority vote of the senate.

  10. The Confirmation Process • Of late, Presidents have attempted to select judicial nominees who match their political philosophy. • The hot issues are (SURPRISE!) abortion, affirmative action, and vouchers. • Studies show ideology does impact a judge’s behavior, but other factors also play a role.

  11. Partisanship of Judges • Political “litmus tests” are used to select/support/oppose nominees. • Political litmus test = a question asked of a judicial nominee to determine his or attitude about particular issues. Often the question is about the “right to privacy.” This can be code for abortion rights.

  12. Currently 5 White males, 1 Black male, 2 White women and 1 Hispanic woman

  13. Current SCOTUS Justices BACK Sotomayer Breyer Alito Kagan FRONT Thomas Scalia Roberts Kennedy Ginsburg

  14. The Jurisdiction of the Federal Courts • Our dual court system (state and federal) causes us to consider jurisdiction. • Federal court jurisdiction is described in Article III and the 11th Amendment. • Federal courts hear all cases that are: • Federal question cases (treaty, Constitution, federal law) • Diversity cases (citizens of different states)

  15. Taking a Case to the Court • Taking a case to the Supreme Court is costly in terms of attorneys’ fees. etc. Indigent (poor) claimants may file in forma pauperis (as a pauper). • Fee shifting helps some individuals cover court costs. (Loser pays the costs.) • If the matter is civil in nature, interest groups may cover the costs. • Law firms may take on a case pro bono (for free).

More Related