The Judiciary Continuing with institutions of government

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

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.

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.

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.

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

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)

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

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).

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?