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Courts. 2/28/2012. Clearly Stated Learning Objectives. Upon completion of this course, students will be able to: understand and interpret the United States Constitution and apply it to present policy dilemmas
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Courts 2/28/2012
Clearly Stated Learning Objectives • Upon completion of this course, students will be able to: • understand and interpret the United States Constitution and apply it to present policy dilemmas • Identify and explain the role of formal institutions and their effect on policy. • students will have a better understanding of why our national government works and why the American system of government is unique.
Office Hours and Readings • Readings- Chapter 11 on the Courts • Office Hours • Today- 11-2 • Wednesday 10-2
Article III The supreme court
The Courts in the Constitution • Article III Section I • One supreme court • Ability to Create others • Tenure of office • Article III Section 3- treason
Article III Section 2 • ambassadors and other ministers, counsels, and admiralty • controversies between two or more states • between citizens vs foreign citizens or states.
Federal District Courts • The Main Trial Courts of the System • Federal Crimes are Tried here • The Federal Court Downtown
Court of Appeals • can only hear appeals • lacks original jurisdiction • Our court is in New Orleans
The Supreme Court • Chief Justice • 8 Associate Justices • Court packing
Jurisdiction • Original • Appellate
No Age or Education requirements How you get on the court
Role of the President • A very great power • The president plays politics here.
How Presidents Decide • try to appoint people like themselves (90% of all Justices come from the President's party) • Political Factors • the courts need to work with the president to ensure its actions are followed. • You hope you avoid “back-stabbers”
The Senate • Increasingly partisan since the 1980’s • Senatorial Courtesy for Lower-Level Judges • Temporal Forces
Other Players • Interest Groups • The Media • The Public
The politics of it all How cases reach the supreme court
Justice is not Blind • Cases Reach The court because of policy • They can Hear anything they want (original jurisdiction)
Most Cases Come through The System • Writ of Certiorari • Appeals • The Solicitor General
Does My Case Have A Chance? • No (stare decisis) • What is Likely to Be Heard • What they are Hearing now
The Real Power of the Courts Judicial Review
Marbury vs. Madison • Midnight Judges in 1800 • A New System of Checks and Balances • Overturned by impeachment and amendment
Today’s Court Left Right Scalia (Reagan) Thomas (Bush) Roberts (GW Bush) Alito (GW Bush • Bader-Ginsburg (Clinton) • Breyer (Clinton) • Sotomayor (Obama) • Kagan (Obama)
Applying the Bill of Rights • Barron v. Baltimore 1883 • Too Bad, the Bill of Rights only applies to actions of the Federal Government
Selective Incorporation • Application of the 14th Amendment • Piecemeal application of the Bill of Rights • Gitlow vs. New York changes this (1925)
Limits on the Court’s Power • Amendment • Impeachment • Judges reverse themselves • Wait them Out