Unit 8 Judiciary

Constitutional and Legislative Courts 3 Types of Constitutional Courts 1. Federal District 2. Federal Appellate 3. U.S. Supreme Court

Judges Term Cannot be fired or have salaries reduced while in office They are appointed for life President nominates and Senate confirms

Jurisdiction Most federal cases begin in federal district court. What kind of cases do federal courts hear? Federal crimes, civil suits under federal law, civil suits between citizens of different states where the amount in controversy exceeds $50,000, bankruptcy, federal administration agencies, maritime law, naturalization of aliens

Grand and Petite Juries Grand: Determines if there is enough evidence to go to trial (not all cases have a grand jury) Petite Jury: Determines guilt of innocence

Federal Appellate Courts Listen to appeals from lower courts

Legislative Courts Kinds: Claim court, territorial courts, tax courts, Court of International Trade, Court of Appeals for Federal Circuit and Court of Military Appeals  How are the judges different from Constitutional Judges? Fixed terms, removed or demoted and salaries can be reduced. Created to address specific issues

Supreme Court Only Court specifically created by Constitution Who confirms Supreme Court Justices? Senate Original and Appellate? U.S. Party and Ambassadors, public ministers and consuls. Other cases involve appeals Rule of 4:For an appeal to be heard at least 4 justices must agree to hear the case Writ of Certiorari: When the court agrees to hear the case Stare decisis: Let the decision stand 3 Types of Opinions: Per curium, majority, concurring Why are dissenting opinions important? If similar case is brought to court in the future and they are considering reversing an earlier decision

Supreme Courts JOHN MARSHALL AND ROGER TANEY Know cases and Rulings Marbury v. Madison, Fletcher v. Peck, McCulloch v. Maryland, Gibbons v. Ogden, Dartmouth College v. Woodward, Scott v. Sandford Earl Warren Just know that it is considered a liberal court. Gave more rights to criminal defendants and overturned Plessy v. Ferguson Burger Court Just know Roe v. Wade

Judicial Activism and Judicial Restraint Difference between activism and restraint Minimal role in policymaking vs. correcting policy errors that contribute or lead to social and political injustice

Reasons for Activism Brown v. Board Took too long for state legislatures to act Other reasons for activism Other civil rights protections

Arguments for Restraint Judges possess no special background or qualities that make them an expert in a specific field Not directly accountable to the people No constitutional basis   Doctrine of Political Question Issue should be left to another branch of government if it is too political

Judicial Review and Construction What is Judicial Review? Can determine acts of congress unconstitutional Judicial Construction How is the constitution to be interpreted

Loose versus Strict Construction Loose Construction: belief that the constitution is a dynamic living document that must change as the nation develops Article 1 Section 8 General welfare and necessary and proper clause gives authority  Strict Construction: Follow letter of the original document Liberal v. Conservatism Openness to change vs. status quo Arguments between strict and loose? Can change with times, can make the government too powerful and not the intent of the founders