The Judiciary

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The Judiciary
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Video The Big Picture
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Learning Objectives
Trace the development of the federal judiciary
and the origins of judicial review
9.1
Explain the organization of the federal court
system
9.2
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Learning Objectives
Outline the criteria and process used to select
federal court judges
9.3
Evaluate the Supreme Courts process for
accepting, hearing, and deciding cases
9.4
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Learning Objectives
Analyze the factors that influence judicial
decision making
9.5
Assess the role of the Supreme Court in the
policy-making process
9.6
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Video The Basics
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9.1
Roots of the Federal Judiciary

• The Judiciary Act of 1789 and the Creation of the
  Federal Judiciary
• The Marshall Court Marbury v. Madison and
  Judicial Review

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9.1
TABLE 9.1 What kinds of cases does the U.S.
Supreme Court hear?
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9.1
The Judiciary Act of 1789 and Creation of the
Federal Judiciary

• Three-tiered Court Structure
• Federal District Court
• Circuit Courts (Courts of Appeal)
• Supreme Court
• Rocky beginning for Supreme Court

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9.1
The Marshall Court Marbury v. Madison and
Judicial Review

• John Marshalls tenure 1801-1835
• Opinions from the Court, rather than individual
  justices
• McCulloch v. Maryland (1819)
• Broad interpretation of necessary and proper
  clause
• Marbury v. Madison (1803)
• Established Judicial Review

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Video In Context
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9.1
Chief Justice John Marshall
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9.1
9.1 What did the case Marbury v. Madison
establish?

• The importance of the necessary and proper
  clause
• The three-tiered federal court structure
• The authority of judicial review
• The number of justices on the Supreme Court

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9.1
9.1 What did the case Marbury v. Madison
establish?

• The importance of the necessary and proper
  clause
• The three-tiered federal court structure
• The authority of judicial review
• The number of justices on the Supreme Court

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9.2
The Federal Court System

• District Courts
• Courts of Appeals
• The Supreme Court

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9.2
FIGURE 9.1 How is the American Judicial System
Structured?
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9.2
District Courts

• Each state has at least one
• More populous states have more
• Jurisdiction
• Must involve federal or multi-state issue
• U.S. Attorney
• Nominated by president confirmed by Senate

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9.2
FIGURE 9.2 What are the boundaries of federal
district courts and courts of appeals?
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9.2
The Courts of Appeals

• Eleven Courts of Appeals
• A twelfth restricted to federal regulatory
  commissions and a thirteenth to patents
• Number of judges varies
• Depends on workload and complexity
• No original jurisdiction
• No new testimony

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9.2
The Supreme Court

• Jurisdiction
• Reviews cases from U.S. Courts of Appeal and
  state supreme courts
• Members
• Eight associate justices and one chief justice
• Precedent
• Rules are binding throughout the nation
• Stare decisis

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9.2
9.2 Which conditions must be met before a case
may be heard in federal district court?

• It must involve the federal government as a party
• It must present a federal question based on a
  claim under the U.S. Constitution
• Both A and B
• Either A or B

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9.2
9.2 Which conditions must be met before a case
may be heard in federal district court?

• It must involve the federal government as a party
• It must present a federal question based on a
  claim under the U.S. Constitution
• Both A and B
• Either A or B

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9.3
How Federal Court Judges Are Selected

• Who Are Federal Judges?
• Nomination Criteria
• The Confirmation Process
• Appointments to the U.S. Supreme Court

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9.3
TABLE 9.2 How does a president affect the
federal judiciary?
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9.3
Who Are Federal Judges?

• Background
• Generally have held other judicial jobs
• Active in politics
• Diversity growing
• Rewards

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9.3
Nomination Criteria

• Experience
• Most nominees have legal experience
• Ideology and Religion
• Presidents try to pick like-minded nominees
• Pursuit of Political Support
• Nominees can garner approval from constituencies
  that havent been supportive
• Race and Gender
• Recent Efforts to diversify

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9.3
TABLE 9.3 Who are the Justices of the Supreme
Court in 2012?
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9.3
The Confirmation Process and Appointments to the
U.S. Supreme Court

• Investigation
• Personal and professional background
• Lobbying by Interest Groups
• They dont stay silent
• Senate Committee Hearings
• Followed by Senate vote

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9.3
TABLE 9.4 How Many Interest Groups Submit
Testimony to the Senate Judiciary Committee?
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9.3
What role does the Senate Judiciary Committee
play in the judicial nomination process?
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9.3
9.3 What is the first step in the Supreme Court
appointment rocess?

• Senate Judiciary Committee hearing
• Presidents announcement of nominee
• American Bar Associations rating
• White House review of personal and professional
  background

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9.3
9.3 What is the first step in the Supreme Court
appointment process?

• Senate Judiciary Committee hearing
• Presidents announcement of nominee
• American Bar Associations rating
• White House review of personal and professional
  background

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9.4
The Supreme Court Today

• Deciding to Hear a Case
• How Does a Case Survive the Process?
• Hearing and Deciding the Case

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9.4
TABLE 9.5 Can Americans Name the Justices of the
Supreme Court?
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9.4
FIGURE 9.3 How Many Cases Does the Supreme Court
Handle?
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9.4
Deciding to Hear a Case

• Writs of Certiorari and the Rule of Four
• Cases must come from from U.S. Courts of appeals
  or other courts of last resort
• Cases must involve a federal question
• Role of Clerks

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9.4
FIGURE 9.4 How Does a Case Get to the Supreme
Court?
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9.4
Why are Supreme Court clerkships important?
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9.4
How Does a Case Survive the Process?

• Federal Government
• The Solicitor General
• Conflicts Among the Courts of Appeal
• Different interpretations
• Interest Group Participation
• Important social issues

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9.4
TABLE 9.6 Which Groups Participated as Amicus
Curiae in Citizens United v. FEC (2010)?
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9.4
Hearing and Deciding the Case

• Oral Arguments
• Questions asked and answered
• The Conference and the Vote
• Closed conferences twice a week
• Writing the Opinion
• Dissenting opinions

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9.4
9.4 Interest groups often participate in Supreme
Court cases via this process

• Writ of Certiori
• Amicus Curiae
• Appeals to the Solicitor General
• Launching a public interest campaign

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9.4
9.4 Interest groups often participate in Supreme
Court cases via this process

• Writ of Certiori
• Amicus Curiae
• Appeals to the Solicitor General
• Launching a public interest campaign

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Explore the Simulation You Are a Supreme Court
Clerk
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http//media.pearsoncmg.com/long/long_longman_medi
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9.5
Judicial Philosophy and Decision Making

• Judicial Philosophy, Original Intent, and
  Ideology
• Public Opinion

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9.5
Judicial Philosophy, Original Intent, and Ideology

• Judicial philosophy and ideology
• Judicial restraint
• Judicial activism
• Strict constructionism
• Original intent

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9.5
Public Opinion

• Can check the power of the courts
• Activist periods
• May consider public opinion when issuing rulings
• Korematsu v. U.S. (1944)
• Public confidence in Court
• Has ebbed and flowed

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9.5
TABLE 9.7 Do Supreme Court Decisions Align with
the views of the American Public?
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Video Thinking Like a Political Scientist
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9.5
9.5 Supporters of this philosophy argue that the
courts should stay away from policy-making

• Strict constructionism
• Judicial activism
• Judicial restraint
• All of the above

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9.5
9.5 Supporters of this philosophy argue that the
courts should stay away from policy-making

• Strict constructionism
• Judicial activism
• Judicial restraint
• All of the above

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Explore the Judiciary Who Are the Activist
Judges?
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http//media.pearsoncmg.com/long/long_oconnor_mpsl
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9.6
Toward Reform Power, Policy Making, and the Court

• Power and Policy Making
• Implementing Court Decisions

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9.6
Power and Policy Making

• Civil rights issues
• Right to privacy
• Equal rights for women, African Americans and
  other minorities
• Authority of the Court

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Video In the Real World
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9.6
Do unpopular Supreme Court rulings threaten the
nation?
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9.6
Implementing Court Decisions

• Judicial implementation
• How judicial decisions are translated into public
  policies
• Implementing population
• Those responsible for carrying out the decision
• Consumer population
• Those directly affected by the decision

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9.6
9.6 These are the people who are directly
affected by a judicial ruling

• Consumer population
• Implementing population
• Interest group population
• Judicial population

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9.6
9.6 These are the people who are directly
affected by a judicial ruling

• Consumer population
• Implementing population
• Interest group population
• Judicial population

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• Discussion Questions

• What role do the courts play in policy making?
  Should public opinion be considered when the
  judiciary makes policy decisions? What are some
  of the advantages and disadvantages of judicial
  activism?

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Video So What?
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• Further Review
• On MyPoliSciLab
• Listen to the Chapter
• Study and Review the Flashcards
• Study and Review the Practice Tests