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Chapter 14

Chapter 14. The Federal Judicial System: Applying the Law. 14-2. John Marshall.

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Chapter 14

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  1. Chapter 14 The Federal Judicial System: Applying the Law

  2. 14-2 John Marshall It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.

  3. 14-3 The Federal Judicial System • The Supreme Court of the United States • Original Jurisdiction • Appellate Jurisdiction • Selecting and Deciding Cases • Precedent • Writ of Certiorari • Solicitor General • Brief • Judicial Conference

  4. 14-4 The Federal Judicial System • The Supreme Court of the United States • Issuing Decisions and Opinions • Decision • Opinion • Majority Opinion • Plurality Opinion • Concurring Opinion • Dissenting Opinion

  5. 14-5 The Federal Judicial System • Other Federal Courts • U.S. District Courts • U.S. Courts of Appeals • Special U.S. Courts • The State Courts • Elective Offices • Merit Plan

  6. 14-6 Federal Court Appointees • The Selection of Supreme Court Justices and Federal Judges • Supreme Court Nominees • Lower-Court Nominees • Senatorial Courtesy • Justices and Judges as Political Officials • The Role of Partisanship • Other Characteristics of Judicial Appointees

  7. 14-7 The Nature of Judicial Decision Making • The Constraints of the Facts • The Constraints of the Law • The Constitution and Its Interpretation • Statutes, Administrative Laws, and Their Interpretation • Legal Precedents (Previous Rulings) and Their Interpretation

  8. 14-8 Political Influences on Judicial Decisions • Outside Influences on Court Decisions • Public Opinion and Interest Groups • Congress and the President • Strict Constructionism • Loose Constructionism • Inside Influences: The Justices’ Own Political Beliefs

  9. 14-9 Judicial Power and Democratic Government • The Debate over the Proper Role of the Judiciary • The Doctrine of Judicial Restraint • Compliance • Brown v. Board of Education (1954) • The Doctrine of Judicial Activism • Liberals and Conservatives • The Judiciary’s Proper Role: A Question of Competing Values

  10. 14-10 States in the Nation

  11. 14-11 States in the Nation

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