Chapter Eleven The Judiciary.

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Presentation transcript:

Chapter Eleven The Judiciary

Why is the Supreme Court so deeply divided on so many questions? Enduring Questions Should judges be limited to interpreting what the Constitution and federal laws say? Why should federal courts be able to declare an act of Congress unconstitutional? Why is the Supreme Court so deeply divided on so many questions? Copyright © Houghton Mifflin Company. All rights reserved.

Courts in U.S. play major role in public policy Introduction Courts in U.S. play major role in public policy Controversy today over method of judicial review Courts’ chief weapon in system of checks and balances Copyright © Houghton Mifflin Company. All rights reserved.

Development of the Federal Courts Introduction 1787-1865 Nation building Legitimacy of the federal government Slavery Copyright © Houghton Mifflin Company. All rights reserved.

Development of the Federal Courts (Cont’d) 1865-1937 Relationship between government and the economy Court restricted powers of federal government 1937-Present Political liberty Social equality Conflicts between the two Copyright © Houghton Mifflin Company. All rights reserved.

Figure 11.2: The Organization of the Federal Courts Copyright © Houghton Mifflin Company. All rights reserved.

The Structure of the Federal Courts Only federal court mandated by Constitution is Supreme Court Judicial appointments to constitutional courts are partisan Lower federal courts difficult for president to control Copyright © Houghton Mifflin Company. All rights reserved.

Figure 11.3: Female and Minority Judicial Appointees Source: Data from Harold W. Stanley and Richard G. Niemi, Vital Statistics on American Politics 2000-2001 (Washington, D.C.: CQ Press, 2001), pp. 277-279. Copyright © Houghton Mifflin Company. All rights reserved.

Jurisdiction of the Federal Courts Dual court system Appeals to the Supreme Court Copyright © Houghton Mifflin Company. All rights reserved.

Getting to Court Deterrents Fee shifting Standing: Legal definition of who may bring a case; Rules are complex and changing Class-action suits Copyright © Houghton Mifflin Company. All rights reserved.

Supreme Court in Action Lawyers submit written briefs to Court Oral arguments by lawyers Conference procedures See patterns of voting on the Court Copyright © Houghton Mifflin Company. All rights reserved.

Power to make policy does not surface in most cases Power of the Courts Power to make policy does not surface in most cases Views of judicial activism - controversial The causes of activism Copyright © Houghton Mifflin Company. All rights reserved.

Checks on Judicial Power Perhaps most important restraint on courts is dependence on others to enforce the court rulings Congress affects the courts Public opinion and the courts Copyright © Houghton Mifflin Company. All rights reserved.

Reconsidering the Enduring Questions Should judges be limited to interpreting what the Constitution and federal laws say? Why should federal courts be able to declare an act of Congress unconstitutional? Why is the Supreme Court so deeply divided on so many questions? Copyright © Houghton Mifflin Company. All rights reserved.

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