PowerPoint Presentation - The Courts

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The Courts
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Constitutional Provisions
... the judicial power of the United States
shall be vested in one supreme Court.
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Constitutional Provisions
... the judicial power of the United States
shall be vested in one supreme Court. The
president appoints judges for life with the
consent of the Senate.
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Constitutional Provisions
... the judicial power of the United States
shall be vested in one supreme Court. The
president appoints judges for life with the
consent of the Senate. Congress has the right to
remove judges and other government officials
through the impeachment process.
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Constitutional Provisions
... the judicial power of the United States
shall be vested in one supreme Court. The
president appoints judges for life with the
consent of the Senate. Congress has the right to
remove judges and other government officials
through the impeachment process. Congress decides
the number of justices and can establish lower
courts.
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Historical Development
Judiciary Act of 1789 - Established 6 seats on
the Supreme Court, Circuit Courts of Appeal and
District Courts Judiciary Act of 1800 -
Established extra district courts in major
cities Court of Appeals Act of 1891 - Created
powerful Courts of Appeal abolishing the Circuit
Courts Judiciary Act of 1911 - Established the
Courts as we know them today
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Types of Laws
Constitutional - Laws emanating from the
Constitution of the United States Common Law -
Judge-made laws based upon precedent Statutory
Law - laws passed by legislative bodies Private
Law - Statutory laws regulating relationships
between private citizens Public Law - Legal
regulations and obligations that apply to public
officials.
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Levels of the Court System
Supreme Court
Courts of Appeal
District Courts
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Highest State Courts, Supreme Court of Puerto
Rico D.C. Appeals Court
District Courts (94 courts)
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Jurisdiction Standing
Subject Matter - the kinds of issues that can be
brought before the court. Geographic - the
geographic area over which a court hears a
case. Hierarchical - original or appellate
jurisdiction
Standing - The interest a person has in a
judicial resolution of a conflict. Courts
require a real dispute between contending parties
whose interests are directly at stake.
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Adversarial Process The judicial process whereby
two contending parties argue their differences in
order to establish the culpability of one or the
other of them
Justiciable Dispute Actual disputes that may be
settled by legal methods available to the court.
Courts will only hear the cases and controversies
that are justiciable.
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Marbury v. Madison (1803)
The Supreme Court decision that established the
principle of judicial review. Marbury demanded
that the Court issue a writ of mandamus to
Madison to issue appointment papers. Although the
court has the power to issue writs of mandamus,
it could not force one on the president because
of the separation of powers.
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Judicial Activism The vigorous use of judicial
review to overturn laws and make public policy
from the federal bench.
Judicial Restraint The doctrine that holds that
judges should restrain from imposing their own
values and policy preferences and should decide
the case on its merit and according to legal
precedent.
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Reasons for accepting the principle of Judicial
Review
Congress and the President agreed with the
substantive decision the Court had reached.
The persuasiveness of Marshalls skillfully
written opinion. The Supreme Court used its
new-found power sparingly.
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Limitations of the Court
American courts are reactive - they rule only on
cases brought before them they cannot seek out
cases to decide or issue rulings on hypothetical
cases.
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Limitations of the Court
American courts are reactive - they rule only on
cases brought before them they cannot seek out
cases to decide or issue rulings on hypothetical
cases. The courts rely on government agencies to
enforce their decisions - remember Worchester v.
Georgia?
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Limitations of the Court
American courts are reactive - they rule only on
cases brought before them they cannot seek out
cases to decide or issue rulings on hypothetical
cases. The courts rely on government agencies to
enforce their decisions - remember Worchester v.
Georgia? The power of Congress and the President
can enact new laws - proposing amendments
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Limitations of the Court
American courts are reactive - they rule only on
cases brought before them they cannot seek out
cases to decide or issue rulings on hypothetical
cases. The courts rely on government agencies to
enforce their decisions - remember Worchester v.
Georgia? The power of Congress and the President
can enact new laws - proposing amendments Public
Opinion - The Courts authority possess of
neither the purse or the sword ultimately rests
on sustained public confidence. (Felix
Frankfurter)
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Characteristics of the Court
Slightly more than 100 people have served as
justices to the Supreme Court. Almost all of the
justices have been white Protestant men. First
Jewish Justice Louis Brandeis (1916) First
Black Justice Thurgood Marshall (1967) First
Woman Justice Sandra Day-OConnor (1981)
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The Politics of Nomination Confirmation
Nominations become contentious ... the
president appears to be politically weak if
the nominee is perceived to lack the necessary
credentials for the post or has exhibited
improper behavior if the nominees legal
and political views clash with the powerful
members of the Senate. (litmus test)
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Senatorial Courtesy The right of a senator to
veto lower judicial appointments in his home
state. In practice, this means that the
president consults the senators recommendations
prior to making such judicial appointments
provided the senator is of the same party as the
president.
Blue Slip The Senate procedure for exercising
senatorial courtesy. The Senate Judiciary
Committee issues a blue slip to the home-state
senator asking for an evaluation of the nominee.
If the letter is not returned, or if it returned
with an objection, the nominee is not even
considered.
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Grand Jury
Writ of Appeal
Petit Jury
Writ of Certiorari
Stare Decisis
Amicus Curiae
Rule of Four
Writ of Mandamus
Writ of Injunction