Copyright © 2016 Cengage Learning. All rights reserved. 1 Copyright © 2016 Cengage Learning. All rights reserved. Chapter Fourteen: The Courts

Copyright © 2016 Cengage Learning. All rights reserved. 2 1.Explain the main sources of American law, including constitutions, statues and regulations, and the common law tradition. 2.Describe the structure of the federal court system and such basic judicial requirements as jurisdiction and standing to sue. 3.Discuss the procedures used by the United States Supreme Court and the various types of opinions it hands down. 4.Evaluate the manner in which federal judges are selected. 5.Consider the ways in which the Supreme Court makes policy, and explain the forces that limit the activism of the courts.

Copyright © 2016 Cengage Learning. All rights reserved. 3 The Common Law Tradition Common law Precedent Stare decisis

Copyright © 2016 Cengage Learning. All rights reserved. 4 Constitutions Statutes and Administrative Regulations Case Law

Copyright © 2016 Cengage Learning. All rights reserved. 5 Brendan Hoffman/Getty Images The lawyer holding a microphone seeks a court ruling against the District of Columbia to stop the closing of fifteen public schools in Activists are concerned that the closures will hurt low-income and minority students. Why do the activists need an attorney?

Copyright © 2016 Cengage Learning. All rights reserved. 6 Basic Judicial Requirements Jurisdiction Standing to sue Parties to Lawsuits Amicus curiae briefs Class-action suit Procedural Rules

Copyright © 2016 Cengage Learning. All rights reserved. 7 Types of Federal Courts U.S. District Courts Trial court; general jurisdiction U.S. Courts of Appeals 12 federal circuits, 1 federal circuit Appellate

Copyright © 2016 Cengage Learning. All rights reserved. 8 Types of Federal Courts (cont.) The United States Supreme Court Some original jurisdiction Mostly appellate

Copyright © 2016 Cengage Learning. All rights reserved. 9

10 Source: Administrative Office of the United States Courts.

Copyright © 2016 Cengage Learning. All rights reserved. 11 Federal Courts and the War on Terrorism The FISA court The FISA court and the National Security Agency Alien “removal courts” The federal courts and enemy combatants

Copyright © 2016 Cengage Learning. All rights reserved. 12 Which Cases Reach the Supreme Court? Factors that bear on the decision Granting petitions for review Writ of certiorari Rule of four

Copyright © 2016 Cengage Learning. All rights reserved. 13 Court Procedures No evidence heard Use abstracts, records, briefs Oral arguments

Copyright © 2016 Cengage Learning. All rights reserved. 14 United States Supreme Court justice Clarence Thomas stands in his chambers with three of his clerks. What type of work do clerks do when they assist a Supreme Court justice? David Hume Kennerly/3rd Party—Misc/Getty Images

Copyright © 2016 Cengage Learning. All rights reserved. 15 Decisions and Opinions Types of Opinions Unanimous Majority Concurring Plurality Dissenting

Copyright © 2016 Cengage Learning. All rights reserved. 16 Decisions and Opinions (cont.) Publishing opinions The Court’s dwindling caseload

Copyright © 2016 Cengage Learning. All rights reserved. 17 Judicial Appointments Federal district court judgeship nominations Senatorial courtesy Federal courts of appeals appointments Supreme court appointments The special role of the chief justice

Copyright © 2016 Cengage Learning. All rights reserved. 18 Sonia Sotomayor is the first Latina justice on the United States Supreme Court. Steve Petteway/Collection of the Supreme Court of the United States

Copyright © 2016 Cengage Learning. All rights reserved. 19 Judicial Appointments (cont.) Partisanship and judicial appointments Appointments by Bush Appointments by Obama The Senate’s role Confirming Supreme Court appointments Controversial appointments Lower court appointment battles

Copyright © 2016 Cengage Learning. All rights reserved. 20 A billboard opposes a proposal to elect judges in Johnson County, Kansas. The proposal failed. Its opponents claimed it could help make Phill Kline, a controversial former district attorney, a judge. What problems can result from electing judges? AP Images/Charlie Riedel

Copyright © 2016 Cengage Learning. All rights reserved. 21 Judicial Review Marbury v. Madison

Copyright © 2016 Cengage Learning. All rights reserved. 22 Judicial Activism and Judicial Restraint Judicial activism Judicial restraint Political implications Citizens United v. Federal Election Commission Strict versus Broad Construction

Copyright © 2016 Cengage Learning. All rights reserved. 23 The Rehnquist Court The Roberts Court The nature of the court’s conservatism Recent Supreme Court rulings

Copyright © 2016 Cengage Learning. All rights reserved. 24 When Elena Kagan was confirmed as a justice of the United States Supreme Court, she became only the fourth woman to hold this position. Why has it taken so long for women to win appointment as Supreme Court justices? AP Images/Alex Brandon

Copyright © 2016 Cengage Learning. All rights reserved. 25 AP Photo/Pablo Martinez Monsivais

Copyright © 2016 Cengage Learning. All rights reserved. 26 What Checks our Courts? Executive checks Legislative checks Constitutional amendments Rewriting laws Public opinion

Copyright © 2016 Cengage Learning. All rights reserved. 27 What Checks our Courts? (cont.) Judicial traditions and doctrines Hypothetical and political questions The impact of the lower courts

Copyright © 2016 Cengage Learning. All rights reserved. 28 Students and others rally at the Colorado Capitol Building to support same-sex marriage. How successful are they likely to be? Kathryn Scott Osler/Getty Images

Copyright © 2016 Cengage Learning. All rights reserved. 29 Click picture to view video

Copyright © 2016 Cengage Learning. All rights reserved What must a president consider when nominating a new justice? 2.What groups are not reflected in the make-up of the current Supreme Court? Is this important? 3.Did public opinion affect this nomination? If so, in what ways?