The Judiciary: Blending Law and Politics Chapter 9

Law and Courts Dimensions of law Constitutional law Statutory law Administrative law Criminal law Civil law

Law and Courts Organization of the federal judiciary Article 3 of the U.S. Constitution Judiciary Act of 1789 U.S. Supreme Court U.S. Circuit Courts of Appeals U.S. District Courts

Ladder of Authority of American Courts

Law and Courts Organization of the federal judiciary (cont.) Jurisdiction Original Appellate

Judicial Powers and Limitations The origins and development of judicial review Judicial review: The power of a court to overturn a law or official government action because it is deemed unconstitutional First established in Marbury v. Madison (1803)

Judicial Powers and Limitations Judicial review and constitutional interpretation Judicial restraint Judicial activism Original intent Living constitution

Judicial Powers and Limitations Judicial review and civil rights Given that racial minorities were disenfranchised for much of U.S. history, they were unable to directly influence the legislative and executive branches Brown v. Board of Education (1954) Judicial activism, judicial restraint, and the Fourteenth Amendment

Judicial Powers and Limitations Limitations on the courts Cannot enforce their own rulings Constitution can be amended against Court rulings Congress can clarify or rewrite laws in response to Court decisions

Judicial Powers and Limitations Limitations on the courts (cont.) Justiciable Standing Mootness Precedent Plessy v. Ferguson (1896) Brown v. Board of Education (1954)

Judicial Selection Nominating judges Merit Political considerations Law degree Experience Political considerations Senatorial courtesy Extreme ideologies

Judicial Selection Confirming judges Presidential nominees must be confirmed by the Senate The vast majority are confirmed Nominees may be rejected because of: Character flaws Inexperience Extreme ideology Political opposition to a president

Judicial Selection Race and ethnicity and judicial nomination Diversity Region Religion Gender Race and ethnicity Race and ethnicity have not been a major factor in Supreme Court nominations 2 African Americans, 1 Latina (total)

Race/Ethnicity of Judges in the Lower Federal Courts Selected during the Carter, Reagan, G. H. W. Bush, Clinton, G. W. Bush, and Obama (through early 2016) Presidencies

Decision-Making on the Supreme Court Decision-making procedures Writ of certiorari Amicus curiae (Friend of the Court) briefs Oral arguments

Decision-Making on the Supreme Court Decision-making procedures (cont.) Majority opinion Concurring opinion Dissenting opinion

Decision-Making on the Supreme Court Attorney influence on court decisions Solicitor general Highly familiar with the justices Law clerks Elite law education White Male Interest group litigation