Prentice Hall PoliticalScienceInteractive Magleby et al. Government by the People Chapter 14 The Judiciary: The Balancing Branch Copyright 2006 Prentice Hall

Adversarial Proceedings The Adversarial System Judges serve as relatively passive and detached referees who do not argue with attorneys or challenge evidence The Inquisitorial System Judges take an active role in discovering and evaluating evidence, will question witnesses and intervene as deemed necessary Copyright 2006 Prentice Hall

The Scope of Judicial Power Judicial power is passive and reactive Power only to decide judicial disputes Political Questions A dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to Congress or the president; Judges refuse to answer constitutional questions that they declare are political Copyright 2006 Prentice Hall

Judicial Federalism: State and Federal Courts Dual court system Two court systems, state and federal, exist and operate at the same time in the same geographic areas Copyright 2006 Prentice Hall

The Federal Judicial System Article III (Constitutional) Versus Article I (Legislative) Courts Original Jurisdiction The authority of a court to hear a case “in the first instance” Appellate Jurisdiction The authority of a court to review decisions made by lower courts Copyright 2006 Prentice Hall

District Courts District courts hear more than 270,000 civil cases and 67,000 criminal cases annually Use both grand juries and petit juries District judges are appointed by the president, subject to confirmation by the Senate, and hold office for life Copyright 2006 Prentice Hall

The Eleven U.S. Circuit Court of Appeals The Courts of Appeals The Eleven U.S. Circuit Court of Appeals Copyright 2006 Prentice Hall

Senate: Advice and Consent Senate Confirmation Hearings Except for Robert Bork, most judicial nominees have refused to answer questions that might reveal how they would decide a case Copyright 2006 Prentice Hall

People & Politics: Justice Sandra Day O’Connor The first woman to serve on the Supreme Court Appointed by Ronald Reagan in 1981 Instrumental in preserving the constitutional right to an abortion Copyright 2006 Prentice Hall

The Role of Judicial Philosophy Copyright 2006 Prentice Hall

Is judicial policymaking undemocratic? Do Judges Make Law? Is judicial policymaking undemocratic? Copyright 2006 Prentice Hall

Adherence to Precedent Stare Decisis The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented Copyright 2006 Prentice Hall

Reform of the Selection Process The lengthy and embattled confirmation hearings of Robert Bork and Clarence Thomas led many to ask if the confirmation process was in need of reform Copyright 2006 Prentice Hall

The Supreme Court and How it Operates Copyright 2006 Prentice Hall

The Powers of the Chief Justice Appointed by the president upon confirmation by the Senate Responsible for assigning judges to committees, responding to proposed legislation that affects the judiciary, and delivering the annual Report on the State of the Judiciary Former Chief Justice William H. Rehnquist Copyright 2006 Prentice Hall

Which Cases Reach the Supreme Court? Copyright 2006 Prentice Hall

How the Supreme Court Operates Copyright 2006 Prentice Hall

Caseloads in Federal Courts Copyright 2006 Prentice Hall