The Judiciary

1. The Judiciary Continuing with institutions of government

2. Front Load Vocabulary • Appellate jurisdiction -Original jurisdiction • Burger court -Precedent • Constitutional courts -Rehnquist court • Criminal law -Senate confirmation • Judicial activism -Special courts • Judicial restraint -Stare decis • Litigation -Warren court • Marshall court -Writ of certiorari

3. Background • Realizing a separate branch was needed to adjudicate legal issues, Founding Fathers set up a court system that had Supreme Court holding final power of constitution review. • The judiciary, to many, is the most distant from the average citizen. • Federal justices serve for life, so they are not directly responsible to the electorate.

4. Constitutional Review of Judiciary • Basis of constitutional power found in Article III • Judges are appointed by the president with the consent of the Senate and serve for life based on good behavior. • Judicial power extends to issues dealing with common law, equity, civil law, criminal law, and public law.

5. Constitutional Review of Judiciary • Cases are decided through original jurisdiction or appellate jurisdiction. • Chief Justice of the Supreme Court presides over impeachment trials. • Congress creates courts “inferior” to the Supreme Court.

6. Dual Court System • Reflect shared power of the national and state governments • State and federal courts are independent from each other, but state courts are linked by the appeals process • Constitution assigns federal courts jurisdiction in cases such as: laws arising from Constitution, ambassadors, admiralty and maritime issues, cases involved in 2 or more states, or cases between citizens of different states • State courts have jurisdiction deriving from state laws

7. Structure • Constitution allows establishment of “inferior” courts or lower courts. • 94 current district courts handle 80% of the federal cases brought to them. • Each state has at least one federal judicial district. • United States attorneys are appointed by the president and confirmed by the Senate. • 13 courts of appeals (review district decisions before Supreme court)

8. Selection of Justices • Executive and legislative branches are linked to process of selecting federal justices. • Special interests such as American Bar Association give input • Result is process that may become embroiled in political controversy

9. Selection of Justices • President must get approval of Senate for all federal judgeships. • The tradition of senatorial courtesy: prior approval of the senators from the state from which the judge comes from is also part of process • Courtesy does not apply to Supreme Court nominations • When Senate refuses to move forward on presidential nom, the president can make a recess appointment (nom bypasses Senate confirmation but only lasts for the remainder of the congressional session).

10. Short Essay • Explain the relationship between the courts and Congress and the courts and the presidency. What is the relationship between these institutions in terms of judicial selection and policymaking?