Copyright 2006 Prentice Hall Prentice Hall PoliticalScienceInteractive Shea, Green, and Smith Living Democracy Chapter 4 The Judiciary

Copyright 2006 Prentice Hall The Controversy over Same-Sex Marriage 3 same-sex couples in Vermont filed a lawsuit in 1997 when their request for a marriage license was denied. Eventually they were allowed a “civil union” “Full Faith and Credit Clause” in Article IV of the Constitution

Copyright 2006 Prentice Hall The Adversarial System Judges serve as relatively passive and detached referees who do not argue with attorneys or challenge evidence The Inquisitorial System Judges take an active role in discovering and evaluating evidence, will question witnesses, and will intervene as deemed necessary

Copyright 2006 Prentice Hall Trial Courts Dual court system Two court systems, state and federal, exist and operate at the same time in the same geographic areas Trial courts handle Criminal prosecutions and civil lawsuits Bench trials and jury trials

Copyright 2006 Prentice Hall Appellate Courts The 11 Numbered U.S. Circuit Courts of Appeals

Copyright 2006 Prentice Hall United States Supreme Court The Supreme Court is the final arbitrator for matters concerning federal laws and the U.S. Constitution

Copyright 2006 Prentice Hall The U.S. Supreme Court

Copyright 2006 Prentice Hall Pathways Profile: Ruth Bader Ginsberg Director of the Women’s Rights Project at the ACLU in the 1970s As a lawyer, successfully argued to the Supreme Court to broaden the 14th Amendment’s Equal Protection clause to include some types of gender discrimination

Copyright 2006 Prentice Hall The Power of American Judges “The legitimacy of the Judicial Branch ultimately depends on its reputation for impartiality and nonpartisanship.” - Late Supreme Court Justice Harry Blackmun

Copyright 2006 Prentice Hall Constitutional and Statutory Interpretation Whenever there are disputes about the meaning of the words and phrases in constitutions and statutes, judges are asked to provide interpretations that will settle the disputes What constitutes “cruel and unusual” punishment?

Copyright 2006 Prentice Hall Judicial Review The Court has only exercised its power of judicial review of presidential actions a handful of times since its inception. Jones v. Clinton (1997)

Copyright 2006 Prentice Hall Federal Judges’ Protected Tenure Federal judges can only be removed from office by impeachment by Congress if they commit a crime How does this lack of accountability shape their decisions?

Copyright 2006 Prentice Hall Judicial Selection The process of judicial selection is a highly partisan and political process

Copyright 2006 Prentice Hall Judicial Selection in the Federal System Because of the power wielded by the Supreme Court, presidents take a personal interest in selecting appointees George W. Bush and Harriet Miers

Copyright 2006 Prentice Hall Pathways Past and Present: Diversity in the Judiciary

Copyright 2006 Prentice Hall Judicial Selection in the States Four methods of judicial selection in the states: 1.Partisan elections 2.Nonpartisan elections 3.Merit selection 4.Gubernatorial or legislative appointment

Copyright 2006 Prentice Hall Judges’ Decision Making Case Precedent The body of prior judicial opinions, especially those from the U.S. Supreme Court and state supreme courts, that establishes the judge-made law that develops from interpretations of the U.S. Constitution, state constitutions, and statutes

Copyright 2006 Prentice Hall Political Science and Judicial Decision Making Approaches to constitutional interpretation –Legal model –Attitudinal model –Rational choice –New institutionalism

Copyright 2006 Prentice Hall Pathways Profile: John G. Roberts Jr. First nominated for a judgeship by George H. W. Bush but Senate did not vote on his nomination Nominated for second time after death of Rehnquist in 2005

Copyright 2006 Prentice Hall Interest Group Litigation Court-centered pathway More attractive to smaller interest groups because it takes fewer resources Requires: Litigation resources Expertise Patience

Copyright 2006 Prentice Hall Pathways of Action: The NAACP and Racial Segregation NAACP began litigation in the 1930s to end segregation Succeeded in 1964 with Brown v. Board of Education

Copyright 2006 Prentice Hall Elements of Strategy Selection of Cases Choice of Jurisdiction Framing the Arguments Public Relations and the Political Environment

Copyright 2006 Prentice Hall Implementation and Impact Courts cannot automatically ensure that their decisions are enforced and obeyed The “Trail of Tears”