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The Judicial System: Structure and Power

Explore the roots and structure of the federal judiciary, including the Supreme Court and other courts. Learn about the court's real power, judicial review, and the selection of federal judges. Understand the courts as policymakers and the checks on their power.

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The Judicial System: Structure and Power

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  1. CHAPTER 16 THE JUDICIAL SYSTEM

  2. Roots of the Federal Judiciary • Constitution creates high Court • Congress establishes others • Judges have life tenure with good behavior • Constitution is silent on judicial review

  3. CH 18 SUM THE COURT SYSTEM DUAL COURT SYSTEM FEDERAL AND STATES SUPREME COURT LINKS BOTH SUPREME COURT RULES OVER BOTH

  4. CH 18 SUM THE COURT SYSTEM THE COURT’S “REAL” POWER JUDICIAL REVIEW MARBURY V MADISON (1803)

  5. CH 18 SUM THE COURT SYSTEM INFERIOR CONSTITUTIONAL COURTS • DISTRICT COURTS • COURT OF APPEALS • COURT OF APPEALS FOR THE FEDERAL CIRCUIT

  6. CH 18 SUM THE COURT SYSTEM SPECIAL (LEGISLATIVE) COURTS • U.S. CLAIMS • TERRITORIAL • DISTRICT OF COLUMBIA • MILITARY APPEALS • TAX COURT

  7. CH 18 SUM THE COURT SYSTEM THE U.S. SUPREME COURT 9 MEMBERS (NOT SET BY CONSTITUTION) TERM OF OFFICE = LIFE RELEASE OPINIONS MAJORITY CONCURRING DISSENTING

  8. THEMIS BLIND JUSTICE SCALES & SWORD

  9. THE U.S. SUPREME COURT BUILDING

  10. LOCATION OF THEU.S. SUPREME COURT BUILDING

  11. Chief Justice • John Roberts • Associate Justices • Anthony Scalia • Anthony Kennedy • Clarence Thomas • Ruth Bader Ginsberg • Stephen Breyer • Samuel Alito • Sonia Sotomayor • Elena Kagan

  12. 2012 Supreme Court Official Photo Official Photo Goes Here

  13. Edwards, Wattenberg, and Lineberry Government in America: People, Politics, and Policy Fourteenth Edition The Federal Courts Chapter 16

  14. The Nature of the Judicial System Two types of cases: Criminal Law: Government charges an individual Civil Law: Dispute between two individuals Most cases tried/resolved in state courts

  15. Participants in the Judicial System Litigants Plaintiff—the party bringing the charge Defendant—the party being charged Jury—people deciding the case

  16. Supreme Court salaries (2014) Justices $213,900, Chief Justice $223,500

  17. (Old Court Line-up)

  18. Back

  19. The Structure of the Federal Judicial System District Courts (91 federal courts) Original Jurisdiction (Trial Court) Case Jurisdiction Federal crimes Civil suits under federal law and across state lines Supervise bankruptcy and naturalization Review some federal agencies Admiralty and maritime law cases Supervision of naturalization of aliens

  20. 12 Courts of Appeal Appellate Jurisdiction Reviews legal issues in cases from lower courts Hold no trials and hear no testimony U.S. Court of Appeals for the Federal Circuit – specialized cases Both focus on errors of procedure and law

  21. The Supreme Court Ensures uniformity in interpreting national laws Resolves conflicts among states Maintains national supremacy in law Some original jurisdiction, but mostly appellate jurisdiction

  22. SELECTING FEDERAL JUDGES • Presidents nominates, Senate Confirms. • Use of senatorial courtesy. • Competence, use of ABA ratings. • Ideology or policy preferences. • Needs political support. • Religion, race, ethnicity, and gender.

  23. CONFIRMATION IS A POLITICAL PROCESS

  24. START HERE

  25. Back

  26. The Courts as Policymakers Accepting Cases Use the “rule of four” to choose cases Issues a writ of certiorari to call up the case Supreme Court accepts few cases each year

  27. Making Decisions Oral arguments heard by the justices Justices discuss the case One justice will write the majority opinion Majority Opinion ‘Winning’ side and legal arguments. Dissenting opinions Written by justices who oppose the majority. Concurring opinions Support of the majority- stress a different legal basis.

  28. The Courts as Policymakers Judicial implementation Courts ‘weakest link” Must rely on others to carry out decisions

  29. CHECKS ON THE POWER OF THE COURT • LACK OF ENFORCEMENT (NO JUDICIAL POLICE) (PRESIDENT ANDREW JACKSON) • SENATE MUST OK JUDGES • CONGRESS CAN IMPEACH JUDGES • CONGRESS CAN CHANGE # OF JUDGES • LAWS CAN BE REWRITTEN • THE CONSTITUTION CAN BE AMENDED

  30. JOHNMARSHALL4THCHIEFJUSTICE OF THEU.S.SUPREMECOURT(1801-1835)

  31. EARLWARRENCHIEFJUSTICE1953-1969(LIBERAL)(NIXON)

  32. WILLIAMREHNQUISTCHIEFJUSTICE1986-2005(CONSERVATIVE)(REAGAN)

  33. JOHN ROBERTS CHIEFJUSTICE2005 - ???? (CONSERVATIVE) (GEORGE W BUSH)

  34. Understanding the Courts The Courts and Democracy Courts are not very democratic. Not elected The courts don’t always reflect popular majorities. Conflicting rulings lead to deadlock and inconsistency.

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