America and Arizona Government for Elementary Teachers Presentation 9: The Courts
Presentation Objectives AEPA Objectives 0011 Understand the structure, organization, and operation of the federal government. AZ Social Studies Standard, Strand 3 Concept 2: Structure of Government
Role of the Judiciary Primary role is to adjudicate Uphold the Rule of Law
Role of the Judiciary Settle Disputes
Role of the Judiciary Social Control Criminal proceedings Civil Dispute settlements, punitive awards Guarantee rights of minority groups Judicial Review – adjudicating regarding the political system itself
Actors in Judiciary Litigants Plaintiff and defendant Standing to Sue
Actors in Judiciary Attorneys Trained in law and rules of procedure Maintain order by limiting speaking rights Jury
Actors in Judiciary Judge Arbiter, Referee in adversarial system Most appointed, some elected
Judicial Appointment It’s a political process Clarence Thomas example Thurgood Marshall example Judges campaign for the position Judge Robert Bork was an unsuccessful nominee of President Ronald Reagan
Judicial Appointment Confirmation usually a rubber stamp, but not always Only 5 nominees rejected in one hundred years More often the nomination is withdrawn – Harriet Meyers example Hard to predict behavior Composition of current court George W. Bush and Harriet Miers
US Court System
Paths to the Supreme Court
Judicial Review Marbury v. Madison Chief Justice John Marshall
Judicial Review Activist v. Strict Constructionist views
Conclusion Chilean Dictator Pinochet Russian Supreme Court Colombian Supreme Court
This Presentation This presentation is courtesy of Brian Dille, Professor of Political Science at Mesa Community College.