THE JUDICIARY

STRUCTURE – Federal Courts TWO KINDS OF COURTS 1. CONSTITUTIONAL COURTS 2. LEGISLATIVE COURTS or special courts

Jurisdiction of the Federal Courts Two Types of Jurisdiction 1. Original 2. Appellate

Figure 14.2: The Jurisdiction of the Federal Courts

Supreme Court

Basic Information 1. Only court specifically created by the Constitution 2. Nine Justices – not a set number A. Chief Justice B. 8 Associate Justices

Key Terms Writ of certiorari – cert “made more certain” If four justices agree to hear a case, cert is issued and the case is scheduled for a hearing

Key Terms Amicus curiae- “a friend of the court” These are briefs filed by persons or groups who are not actually parties to a case – have a substantial interest in the outcome Stare decisis- “let the decision stand” The practice of basing judicial decisions on precedents established in similar cases decided in the past

1. The Role of the Federal Courts Only in the U.S. do judges play a role in policy-making Judicial review: federal courts rule on the constitutionality of laws and executive actions Controversy is over how the Constitution should be interpreted

2. SELECTING JUDGES & JUSTICES PARTY BACKGROUND IDEOLOGY “litmus test” SENATORIAL COURTESY

BACKGROUND OF JUDGES & JUSTICES Constitution no special requirement Lawyers, white, judge or prosecutor, in partisan politics Justices of the Supreme Court = Mr. WASP

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3. The Supreme Court at work 1. Briefs - written documents presented to the justices before oral arguments Amicus curiae- Solicitor general – decides which cases the government will appeal 2. Oral arguments – lawyers present, they have 30 minutes 3. Conference – consider the cases in which they have heard & appeals

3. Conference – consider the cases in which they have heard & appeals Role of Chief Justice Selection of opinion writer Opinion of the court – majority opinion Concurring opinion Dissenting opinion

4. POWER OF THE COURTS POWER TO MAKE POLICY Most cases have little or nothing to do with changes in public policy Make policy whenever they reinterpret the law or the Constitution Use stare decisis – the principle of precedent Remedy –correct a situation that a judge believes to be wrong

5. Views of Judicial Activism Supporters – correct injustices of other branches the last resort for those without the power or influence Critics – not accountable because judges are not elected

6. Checks on Judicial Power 1. Executive branch and/or state government’s must enforce policy 2. To use the courts to influence public policy, one has to get to court. – Cost is high 3. Senate confirmation 4. Impeachment 5. Amending the Constitution

Questions based on reading “How the Supreme Court Arrives at Decisions” Is Brennan an activist or a strict constructionist judge? Explain.

HOW SHOULD THE CONSTITUTION BE INTERPRETED? Strict construction Activist or Liberal