THE U.S. SUPREME COURT

Roots of the Federal Judiciary-Article III Hamilton called it “the least dangerous branch.” Little included on the judiciary in the constitution. Original vs. Appellate Jurisdiction-- Creates high Court, Congress establishes others. Judges have life tenure with good behavior. Constitution is silent on judicial review which was established by 1803 case of MARBURY V MADISON.

Federalism

© 2013, McGraw-Hill Education. All Rights Reserved. How Cases Come to SCOTUS Appeals courts Appeals courts U.S. CLAIMS (against govt) TERRITORIAL (Puerto Rico) DISTRICT OF COLUMBIA MILITARY Courts TAX COURTS Trial courts Trial courts © 2013, McGraw-Hill Education. All Rights Reserved.

The Federal Judicial System The state courts Political appointments (upper courts) Elected judges (most common form-trial courts), must run for re-election (Is this a problem??) Lower federal courts—all appointed by Pres/confirmed denied by Senate and serve for LIFE U.S. district courts U.S. courts of appeals Special U.S. courts © 2013, McGraw-Hill Education. All Rights Reserved.

Federal Court Appointees ALL Judicial nominees must be VETTED (def) Lower court nominees (See visual above) Senatorial courtesy (def) Ex Senator Schumer chose Elizabeth Wolford and Denise Odonnell for US District Courts in NYS and President Obama agreed Presidents typically select judges of same party affiliation although judges renounce their ties to party upon accepting job. Personal backgrounds of judicial appointees Nearly all recent appointees are from state appellate courts Most are white men, but diversity has increased in recent decades Ex. US District Court in Buffalo recently appointed a female (Denise O’Donnell to replace a retired white male, Skretney) © 2013, McGraw-Hill Education. All Rights Reserved.

Federal Court Appointees Supreme Court nominees Presidents nominate those with compatible political philosophy but nominees must be acceptable to others (ex. examined and confirmed/denied by US Senate) Competence, use of ABA ratings. Ideology or policy preferences, Rewards or political support, Religion, race, ethnicity, and gender. Few nominees were rejected by Senate after 19th century but lately polarization is interfering with confirmations You “Borked” him- President Reagan 1980’s Ex. Antonin Scalia’s replacement 2016-President Obama © 2013, McGraw-Hill Education. All Rights Reserved.

CONFIRMATION IS A POLITICAL PROCESS

The Federal Judicial System The Supreme Court of the United States Selecting cases (over 4000 appealed, take 100 yearly) Ensures uniformity in interpreting national laws, resolves conflicts among states and maintains national supremacy in law Decides cases by interpreting all forms of law and issuing OPINIONS—use of unwritten common law (def)— Also hear Constitutional, Statutory, and Administrative law challenges-next slides Hears all Federal laws/regulations/actions and state/local(only if federal constitution is challenged) © 2013, McGraw-Hill Education. All Rights Reserved.

The Nature of Judicial Decision Making Legal influences on judicial decisions The facts of a case (Civil v Criminal Law) Three main sources of law The Constitution-is very vague, must be interpreted and applied to the times we live in, this is helped along by…. Legal precedents (AKA, common law-attorneys agrue their side of case based on previous court decisions; justices then use the Constitution and these decisions to rule on current case) Legislative statutes or Executive Regulations-justices must ask if the Congressional law and/or the regulation to execute it violates the Constitution. © 2013, McGraw-Hill Education. All Rights Reserved.

The Nature of the Judicial System Criminal Law: The government (Prosecutor) charges an individual (defendant) with violating one or more specific laws. Civil Law: The court resolves a dispute between two parties and defines the relationship between them. Plaintiff—the party bringing the lawsuit vs. the Defendant—the party being sued Most cases are tried and resolved in state, not federal courts and can only be appealed to the federal level if there is a constitutional issue.

The Courts as Policymakers Accepting and deciding Cases Use the “rule of four” to choose cases Issues a writ of certiorari to call up the case Supreme Court accepts few cases each year Their majority decision becomes LAW for the nation.

Making Decisions (After Oral Arguments) JUDGES USE: Precedent--look at how similar past cases were decided Conferences with other Judges Original Intent- the idea that the Constitution should be viewed according to the original intent of the framers One justice will write the majority opinion (def-) Dissenting opinions Written by justices who oppose the majority. Concurring opinions have support of the majority- stress a different legal basis. Stare decisis Let previous decision stand unchanged, can happen if there is a tie or is voted on by majority, also called AFFIRM the decision

Judicial Decision Making Political influences Inside the Court: judges’ political beliefs Justices tend to vote in line with their political attitudes Not all issues are clear-cut, justices can be swayed by other justices at conference or during oral arguments…. Outside the Court: the public, groups, and elected officials How far can court move from public opinion? Interest groups will sue for their causes Presidential appointments Judicial implementation Must rely on others (state govt, exec branch agencies) to carry out decisions

JOHN MARSHALL activist court 4TH CHIEF JUSTICE SCOTUS (1801-1835) cases: Marbury v Madison, Mc Culloch v MD, Gibbons v Ogden, Wochester v GA

EARL WARREN- The “Warren Court” Activist Court: CHIEFJUSTICE 1953-1969 LIBERAL—NIXON? cases: Brown v BOE Mapp, Miranda, Gideon

WILLIAM REHNQUIST judicial restraint CHIEF JUSTICE 1986-2005 (CONSERVATIVE) (REAGAN) cases: NJ v TLO Texas v Johnson Bush v Gore

JOHN ROBERTS CHIEF JUSTICE 2005 - ???? (CONSERVATIVE) (GEORGE W BUSH) Cases: Citizens United v FEC

© 2013, McGraw-Hill Education. All Rights Reserved. Antonin Scalia- 29 years SCOTUS RIP 2016 © 2013, McGraw-Hill Education. All Rights Reserved.

© 2013, McGraw-Hill Education. All Rights Reserved.

Judicial Decision Making WHAT? Statutory construction: the judicial interpretation of an act of Congress Must also judge actions of govt officials at times…. Common law appeals from lower courts Judicial Theories Originalism: determine and preserve founders’ intent Living constitution: adaptable to changing social situation Restraint: judges should abide by precedent and legislation Activism: judges should interpret Constitution and statutes in light of established principles when elected officials fail to do so

Judicial Power and Democratic Government Courts are not very democratic. Members are Not elected and it is difficult to remove judges and justices yet their decisions tent to reflect popular majorities Groups are likely to use the courts when other methods fail, which promotes pluralism. Recall interest groups (NAACP) can initiate lawsuits and amicus curiae briefs when lobbying through the legislative and exec branch agencies don’t work. © 2013, McGraw-Hill Education. All Rights Reserved.