Prentice Hall PoliticalScience Interactive

1. Prentice HallPoliticalScienceInteractive Thomas R. Dye Politics in America Chapter 13 Courts: Judicial Politics

2. Judicial Power “The meaning of ‘due process’ and the content of terms like ‘liberty’ are not revealed by the Constitution. It is the Justices who make the meaning. They read into the neutral language of the Constitution their own economic and social views. Let us face the fact that the five Justices of the Supreme Court are the molders of policy rather than the impersonal vehicles of revealed truth.” -Former Supreme Court Justice Felix Frankfurter

3. John Marshall and Early Supreme Court Politics • A dedicated Federalist • Sworn in as Chief Justice of the Supreme Court through a “midnight appointment” of President Adams in 1801 • Marbury v. Madison

4. Judicial Review Review of Congress In over two centuries, the Court has struck down fewer than 150 of the more than 60,000 laws passed by Congress Review of State Laws A more frequent type of review, often with an impact that extends far beyond the state in consideration (Brown v. Board of Education)

5. Judicial Review of Presidential Actions • The Court has only exercised its power of judicial review of presidential actions a handful of times since its inception. • Paula Jones v. President Clinton (1997)

6. Activism Versus Self-Restraint

7. People in Politics:Sandra Day O’Connor • The first woman to serve on the Supreme Court • Appointed by Ronald Reagan in 1981 • Instrumental in preserving the constitutional right to an abortion

8. Structure and Jurisdiction of the Federal Courts

9. America is Drowning Itself in a Sea of Lawsuits Reform Politics “Joint and Severable” Liability “Pain and Suffering” Awards Third-Party Suits Product Liability

10. Caseloads in Federal Courts

11. Adversarial Proceedings The Adversarial System Judges serve as relatively passive and detached referees who do not argue with attorneys or challenge evidence The Inquisitorial System Judges take an active role in discovering and evaluating evidence, will question witnesses and intervene as deemed necessary

12. The Special Rules of Judicial Policy Making • Standing • Class Action Suits • Legal Fees • Remedies and Relief • Independent Counsels

13. Who is Selected? Judicial Experience Law Degrees Age Race & Gender

14. The Confirmation of Clarence Thomas A University of Oklahoma law professor, Anita Hill, claimed that Thomas had sexually harassed her. Thomas denied the charges.

15. Supreme Court Decision Making

16. The Supreme Court

17. Politics and the Supreme Court Liberal and Conservative Voting Blocs on the Supreme Court

18. Politics and the Supreme Court • Liberal and conservative voting blocs • Public opinion • Presidential influence • Interest-group influence

19. Do You Have Confidence in the Supreme Court? Question: Now I am going to read you a list of institutions in American society. Please tell me how much confidence you, yourself, have in each one--a great deal, quite a lot, some, or very little?…The US Supreme Court

20. Checking Court Power Legitimacy as a Restraint Compliance with Court Policy Presidential Influence on Court Policy Congressional Checks