Unit 3 Supreme Court Judiciary – The cornerstone of our democracy American Government

Warm Up Annotate Justice Scalia biography and write down 3 facts about him in your notebook.

Judicial Review Marbury v. Madison (1803) Allows the courts to rule on the constitutionality of laws, giving the court the power to strike down or reinforce policy. Judiciary Act of 1789 and the writ of certiori Judicial Review: A court's authority to examine an executive or legislative act and to invalidate that act if it is contrary to constitutional principles. The writ of mandamus is establish when a person petitions an official state office to do its job. American Government

Federal Court System Step 1 – DISTRICT COURTS 94 US District Courts – Hear 342,000 cases every year. Trial by jury (only federal court with jury) Step 2 – APPEAL (CIRCUIT) COURTS 11 Courts of Appeal – Hear 61,000 cases/year Panel of 3 judges, sometimes more No cases start here, review district court decisions (IL, IN, and WI in the 7 th circuit) American Government

Federal Court System Step 3 – US Supreme Court 2003 – Argued 84 cases, decided 71 Hear appeals – writ of certiorari Rule of 4 – 4 justices needed to agree to hear a case Chief Justice John Roberts American Government

Writ of Certiorari Petition for Writ of Certiorari. (informally called "Cert Petition.") A document which a losing party files with the Supreme Court asking the Supreme Court to review the decision of a lower court. It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ. Writ of Certiorari. A decision by the Supreme Court to hear an appeal from a lower court. Cert. Denied. The abbreviation used in legal citations to indicate that the Supreme Court denied a Petition for Writ of Certiorari in the case being cited.

Types of Opinions When an opinion is written (a decision), it often takes months and many drafts Majority Opinion – justices in the majority must draft an opinion setting out the reasons for their decision Concurring Opinion – justices who agree for other reasons can give their opinion Dissenting Opinion – justices who disagree with the opinion write their side American Government

Implementation “John Marshall has rendered his decision; now let him enforce it!” – Andrew Jackson “All deliberate speed” – Chief Earl Warren 10 years after Brown only 1% of Southern schools were desegregated Court must rely on branches, states, and officials to enforce its ruling American Government

Public Influence on Justices Justices are NOT elected, appointed by Prez However, not entirely immune to public opinion 1. Appointed by Prez, agree with his ideologies, Prez was elected, chosen because of bias 2. Justices are aware of public opinion, and are aware that decisions that flagrantly go against public opinion will not be implemented American Government

Conservatism vs. Liberalism Justices are supposed to be “above politics” However, they do have personal ideologies EX. – CJ Earl Warren ( ) and CJ Warren Burger ( ) were very liberal CJ William Rehnquist ( ) and CJ John Roberts (2005-?) swing conservative American Government

Appointment President appoints judges for ALL federal court vacancies Senate must confirm all nominations by majority vote (Advice and consent) Senatorial courtesy – tradition started by G.Washington to seek approval from local senators over locally appointed judges American Government

Constraints on the Power of Federal Courts 1. Adversarial system – decision must be made between 2 choices, and courts can’t bring up an issue 2. Justiciable dispute – must judge actual situations, not hypothetical situations 3. Political question – absence of law to rule on a case and the court calls on the Congress to create law Ex. – gay marriage – equal protection American Government

Checks on the SC President appoints all judges Congress must confirm appointed judges Congress may alter the structure of the court system (# of courts and justices) Congress has the power to impeach judges Congress may amend the Constitution if the Courts find a law unconstitutional Ex. Income tax originally found unconstitutionally so Congress added 16 th amendment American Government

Judicial and Political Philosophy Liberal Leans to the left on public policy and would vote Democrat Conservative Leans to the right on public policy and would vote Republican Judicial Activism Judges should interpret law loosely, using their power to promote their preferred political and social goals. Judges are said to be activists when they are likely to interject their own values in court decision Judicial Restraint Legislators, not judges, should make the laws. Judges are said to exercise judicial restraint when they rule closely to statutes and previous cases when reaching their decisions. They follow the “original intent” of the framers. FreedomOrder Equality Freedom American Government