Chapter 18 Judiciary

Judicial Power Judges must remain independent of a political party Determine which acts are not constitutional Power of judicial review = to view the laws of the land and determine their constitutionality

Structure of the Courts Three Levels of Federal Court Supreme Court Highest court Only hears a few cases each year Cases are on appeal from a lower court If states are in disagreements the Supreme Court will hear the case for the first time

Supreme Court Nine Justices Appointed by the president and approved by the Senate Lifetime terms Session is from October to June Current Justices  Chief Justice William Rehnquist  Antonin Scalia  John Paul Stevens  Anthony Kennedy  David Souter  Stephen Breyer  Sandra Day O’Connor  Ruth Bader Ginsburg  Clarence Thomas

Court of Appeals Another name Circuit Courts Twelve courts Appellate court No new evidence can be submitted Judges are appointed for life by the president and confirmed by the Senate

District Courts Trial Courts Hear cases for the first time Every state has one court – large states more Texas has four Judges are appointed for life by the president and confirmed by the Senate Criminal and Civil cases Grand juries determine if the case will be brought to trial

Supreme Court Justice Selection Criteria Many hold common backgrounds Law degree and judicial experience Law degree Attended prestigious law schools Federal judgeship experience Ideology or Policy Preference a. Presidents appoint people with similar views

Supreme Court Justice Selection Criteria Age 50 - average Race and Gender First female = Sandra Day O’Connor in 1981 First African American = Thurgood Marshall in 1971

Supreme Court Process 1. Select a case to review 2. Filing Briefs Both sides submit briefs that outline facts and arguments

Supreme Court Process 3. Oral Argument 4. Conference Each side has 30 minutes to speak Justices can interrupt at any time to ask questions Costs up to $500,000 to bring a case to the Supreme Court 4. Conference Cases are discussed Wednesday/Friday and a preliminary vote is taken

Supreme Court Process 5. Assignment of Opinions Determine who will write the majority opinion for the case Chief justice assigns Dissenting opinion written by opposition

Supreme Court Checks and Balances Internal Checks 1. Supreme Court relies on the executive branch to enforce the decisions Presidential Influence 1. President influences the balance of power

Supreme Court Checks and Balances Congressional Checks 1. Congress cannot reverse a decision 2. Congress can pass a similar bill 3. Can impeach judges