Courts 2/28/2012. Clearly Stated Learning Objectives Upon completion of this course, students will be able to: – understand and interpret the United States.

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Presentation transcript:

Courts 2/28/2012

Clearly Stated Learning Objectives Upon completion of this course, students will be able to: – understand and interpret the United States Constitution and apply it to present policy dilemmas – Identify and explain the role of formal institutions and their effect on policy. – students will have a better understanding of why our national government works and why the American system of government is unique.

Office Hours and Readings Readings- Chapter 11 on the Courts Office Hours – Today – Wednesday 10-2

THE SUPREME COURT Article III

The Courts in the Constitution Article III Section I – One supreme court – Ability to Create others – Tenure of office Article III Section 3- treason

Article III Section 2 ambassadors and other ministers, counsels, and admiraltyadmiralty controversies between two or more states states between citizens vs foreign citizens or states.states

THE FEDERAL COURT SYSTEM

Federal District Courts The Main Trial Courts of the SystemTrial Federal Crimes are Tried here Federal Crimes The Federal Court DowntownDowntown

Court of Appeals can only hear appeals lacks original jurisdiction Our court is in New OrleansOrleans

The Supreme Court Chief Justice 8 Associate Justices Court packing

Jurisdiction Original Appellate

HOW YOU GET ON THE COURT No Age or Education requirements

Role of the President A very great power The president plays politics here.

How Presidents Decide try to appoint people like themselves (90% of all Justices come from the President's party) Political Factors the courts need to work with the president to ensure its actions are followed. You hope you avoid “back-stabbers”

The Senate Increasingly partisan since the 1980’s Senatorial Courtesy for Lower-Level Judges Temporal Forces

Other Players Interest Groups The Media The Public

HOW CASES REACH THE SUPREME COURT The politics of it all

Justice is not Blind Cases Reach The court because of policy They can Hear anything they want (original jurisdiction)

Most Cases Come through The System Writ of Certiorari Appeals The Solicitor General

The Process

Does My Case Have A Chance? No (stare decisis) What is Likely to Be Heard What they are Hearing nowHearing

JUDICIAL REVIEW The Real Power of the Courts

Marbury vs. Madison Midnight Judges in 1800 A New System of Checks and Balances Overturned by impeachment and amendment

Today’s Court Left Bader-Ginsburg (Clinton) Breyer (Clinton) Sotomayor (Obama) Kagan (Obama) Right Scalia (Reagan) Thomas (Bush) Roberts (GW Bush) Alito (GW Bush

Applying the Bill of Rights Barron v. Baltimore 1883 Too Bad, the Bill of Rights only applies to actions of the Federal Government

Selective Incorporation Application of the 14 th Amendment Piecemeal application of the Bill of Rights Gitlow vs. New York changes this (1925)

Selective Incorporation

Limits on the Court’s Power Amendment Impeachment Judges reverse themselves Wait them Out

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