THE JUDICIARY.  ARTICLE III of the U.S. Constitution  Constitutional Courts: District, Appeals, Special  Legislative Courts: Limited, Special.

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Presentation transcript:

THE JUDICIARY

 ARTICLE III of the U.S. Constitution  Constitutional Courts: District, Appeals, Special  Legislative Courts: Limited, Special

THE JUDICIARY  LEGISLATIVE CHECKS  Approval  Impeachment  Amendment  Reenactment  Jurisdiction

THE JUDICIARY ~ THE FEDERAL SYSTEM  US DISTRICT COURTS (94)  ONLY ORIGINAL JURISDICTION: Federal crimes; Federal civil suits; Civil suits between citizens of different states (>$75K); Maritime disputes; Bankruptcy; Review Federal agencies; Congressional assignments  US COURTS OF APPEALS (11)  ONLY APPELLATE JURISDICTION  US SUPREME COURT (1)  APPELLATE JURISDICTION FROM THE ABOVE  ORIGINAL JURISDICTION: 2 or more states; the US and a state; Foreign diplomats; State vs. another state’s citizen

THE JUDICIARY ~ SELECTION PROCESS  STRICT / LOOSE CONSTRUCTIONISM  (That’s Restraint / Activism to Wilson)  “SENATORIAL COURTESY”  LITMUS TEST

THE JUDICIARY  LATIN CLASS  Writ of Habeas Corpus  Writ of Mandamus  Writ of Certiorari  Amicus Curiae [brief]  in forma pauperis  Stare Decisis

THE JUDICIARY ~ VOCABULARY  JURISDICTION  Original or Appellate  STANDING  Real and Harmful; Citizenship questions  CIVIL OR CRIMINAL  CLASS ACTION

THE JUDICIARY ~ VOCABULARY  JURY TRIALS  Grand and Petit  BRIEF  DEFENDANT – PLAINTIFF  Fee Shifting  SOVEREIGN IMMUNITY  VERDICT

THE JUDICIARY ~ DECISION TIME  PRECEDENT  OPINION  Majority  Concurring and Dissenting  REMEDY

THE JUDICIARY ~ THE SUPREMES  CHIEF JUSTICES  John Jay  John Marshall  Roger Taney  William H. Taft  Charles E. Hughes  Earl Warren

THE JUDICIARY ~ THE SUPREMES  “NINE OLD MEN”  Number has varied  “Court-packing plan”  JUDICIAL REVIEW  Marbury v. Madison  The “Rule of 4”  36-week session

THE JUDICIARY ~ THE SUPREMES JUSTICENOMINATO R BIRTHSEATEDBLOC Antonin ScaliaReagan C Anthony KennedyGHW Bush S Clarence ThomasGHW Bush C Ruth B GinsbergClinton L Stephen BreyerClinton L *John Roberts*GW Bush C Samuel AlitoGW Bush C Sonya SotomayorObama L Elena KaganObama L

THE JUDICIARY ~ BASIC TRENDS  From , most overturned laws were Economic (peak 1920)  From , most were Civil Liberties (peak 1970)  Lately, not too many have been  RECENT TRENDS  School Integration  Limits on Police Actions  Freedom of Expression

THE JUDICIARY  Is the appointment political?  Partisanship  Most now are former judges  Term may be partisan

THE JUDICIARY  How do we feel about lifetime appointments?  Avg. during Washington’s time was 7 years  Avg. during Jackson’s time was 20 years  Current court Avg. 16 years  But 4 have 10 years or less  4 have 20 or more years  What about the “youth factor”?

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