The Judiciary.

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Presentation transcript:

The Judiciary

The judiciary ARTICLE III of the U.S. Constitution Constitutional Courts: District, Appeals, Special Legislative Courts: Limited, Special

LEGISLATIVE CHECKS The judiciary Approval Impeachment Amendment Reenactment Jurisdiction

The judiciary ~ the federal system US DISTRICT COURTS (94) ONLY ORIGINAL JURISDICTION: Federal crimes; Federal civil suits; Civil suits between citizens of different states (>$75K); Maritime disputes; Bankruptcy; Review Federal agencies; Congressional assignments US COURTS OF APPEALS (11) ONLY APPELLATE JURISDICTION US SUPREME COURT (1) APPELLATE JURISDICTION FROM THE ABOVE ORIGINAL JURISDICTION: 2 or more states; the US and a state; Foreign diplomats; State vs. another state’s citizen

The judiciary ~ Selection process STRICT / LOOSE CONSTRUCTIONISM (That’s Restraint / Activism to Wilson) “SENATORIAL COURTESY” LITMUS TEST

The judiciary LATIN CLASS Writ of Habeas Corpus Writ of Mandamus Writ of Certiorari Amicus Curiae [brief] in forma pauperis Stare Decisis

The judiciary ~ Vocabulary JURISDICTION Original or Appellate STANDING Real and Harmful; Citizenship questions CIVIL OR CRIMINAL CLASS ACTION INDICTMENT

The judiciary ~ Vocabulary JURY TRIALS Grand and Petit BRIEF DEFENDANT – PLAINTIFF Fee Shifting SOVEREIGN IMMUNITY VERDICT or FINDING

The judiciary ~ Decision time PRECEDENT OPINION Majority Concurring and Dissenting REMEDY

the judiciary – the supremes What are the Qualifications?

The judiciary ~ the supremes CHIEF JUSTICES John Jay John Marshall Roger Taney William H. Taft Charles E. Hughes Earl Warren

The judiciary ~ The supremes “NINE OLD MEN” Number has varied “Court-packing plan” JUDICIAL REVIEW Marbury v. Madison The “Rule of 4” 36-week session

The judiciary ~ The supremes JUSTICE NOMINATOR BIRTH SEATED BLOC Anthony Kennedy GHW Bush 7-23-36 2-18-88 S Clarence Thomas 6-23-48 10-23-91 C Ruth B Ginsberg Clinton 3-15-33 8-10-93 L Stephen Breyer 8-15-38 8-3-94 *John Roberts* GW Bush 1-27-55 9-29-05 Samuel Alito 4-1-50 1-31-06 Sonya Sotomayor Obama 6-25-54 8-8-09 Elena Kagan 4-28-60 8-7-10 Neil Gorsuch Trump 8-29-67 4-10-17

The judiciary ~ basic trends From 1900-1950, most overturned laws were Economic (peak 1920) From 1950-1990, most were Civil Liberties (peak 1970) Lately, not too many have been RECENT TRENDS School Integration Limits on Police Actions Freedom of Expression

Is the appointment political? The judiciary Is the appointment political? Partisanship Most now are former judges Term may be partisan

The judiciary How do we feel about lifetime appointments? Avg. during Washington’s time was 7 years Avg. during Jackson’s time was 20 years Current court Avg. 13 years But 5 have 12 years or less 4 have 22 or more years What about the “youth factor”?

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