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The Courts

The Courts. 10/12/2011. Clearly Communicated Learning Objectives in Written Form. Upon completion of this course, students will be able to: identify and explain the role of formal (judicial) institutions and their effect on policy.

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The Courts

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  1. The Courts 10/12/2011

  2. Clearly Communicated Learning Objectives in Written Form • Upon completion of this course, students will be able to: • identify and explain the role of formal (judicial) 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. • students will be able to understand and interpret the United States Constitution and apply it to present policy dilemmas.

  3. Office Hours and Readings • Chapter 11 on the Courts • Office Hours • Thursday 8-12 • Monday 8-10:30

  4. Article III The supreme court

  5. The Courts in the Constitution • Article III Section I • One supreme court • Ability to Create others • Tenure of office • Article III Section 3- treason

  6. Article III Section 2 • ambassadors and other ministers, counsels, and admiralty • controversies between two or more states • between citizens vsforeign citizens or states.

  7. The federal court system

  8. Federal District Courts • The Main Trial Courts of the System • Federal Crimes are Tried here • The Federal Court Downtown

  9. Court of Appeals • can only hear appeals • lacks original jurisdiction • Our court is in New Orleans

  10. The Supreme Court • Chief Justice • 8 Associate Justices • Court packing

  11. Jurisdiction • Original • Appellate

  12. No Age or Education requirements How you get on the court

  13. Role of the President • A very great power • The president plays politics here.

  14. 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”

  15. The Senate • Increasingly partisan since the 1980’s • Senatorial Courtesy for Lower-Level Judges • Temporal Forces

  16. Other Players • Interest Groups • The Media • The Public

  17. The politics of it all How cases reach the supreme court

  18. Justice is not Blind • Cases Reach The court because of policy • They can Hear anything they want (original jurisdiction)

  19. Most Cases Come through The System • Writ of Certiorari • Appeals • The Solicitor General

  20. The Process

  21. Does My Case Have A Chance? • No (stare decisis) • What is Likely to Be Heard • What they are Hearing now

  22. The Real Power of the Courts Judicial Review

  23. Marbury vs. Madison • Midnight Judges in 1800 • A New System of Checks and Balances • Overturned by impeachment and amendment

  24. Applying the Bill of Rights • Barron v. Baltimore 1883 • Too Bad, the Bill of Rights only applies to actions of the Federal Government

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