THE JUDICIARY “JUSTICE” DUAL COURT SYSTEM LARGER OR SMALLER ROLE THAN OTHER NATIONS???

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Presentation transcript:

THE JUDICIARY

“JUSTICE”

DUAL COURT SYSTEM

LARGER OR SMALLER ROLE THAN OTHER NATIONS???

FOUNDERS IDEA?? SMALL ROLE…

DON’T EVEN ASK…

BUT, IF YOU MUST…

STRICT CONSTRUCTIONIST VS. ACTIVIST (LOOSE)

ORIGINALIST VS. “LIVING DOCUMENT” THEORY

NOT THE SAME AS LIBERAL/DEM. VS. CONSERVATIVE/REP.

1 ST AMENDMENT 2 ND AMENDMENT

JURISDICTION (“RIGHT TO SAY”)

ORIGINAL VS. APPELLATE

FEDERAL COURTS (LIMITED)

FEDERAL QUESTIONS (Constitution) AND DIVERSITY CASES (state issues)

STATE COURTS (GENERAL)

EVOLUTION OF THE COURTS

THREE ERAS

1787 TO 1865 *LEGITIMACY *SLAVERY

THE M&M CASES

MARBURY V. MADISON 1803

JUDICIAL REVIEW M v. M (1803)

McCULLOCH V. MARYLAND 1819

NATIONAL SUPREMACY AND THE ELASTIC CLAUSE “NECESSARY AND PROPER”

DRED SCOTT V. SAN(D)FORD 1857

AMENDMENTS ( ) DUPE (INCORPORATION)

1865 TO 1937 *ECONOMY

REGULATION OF COMMERCE?

THE COMMERCE CLAUSE!!!

THE COMMERCE CLAUSE!!

1938 TO PRESENT *CIVIL LIBERTIES

TODAY’S ERA? INTERNET GUN SALES ABORTION RIGHTS MARRIAGE “OBAMACARE”

COURT STRUCTURE

SELECTING JUDGES

PRES.-APPOINTS SENATE-CONFIRMS

FDR-1936 REELECTION “COURT PACKING”

SENATORIAL COURTESY

“BLUE SLIP”

LITMUS TEST (KEY ISSUES?)

GETTING TO THE SUPREME COURT

“STANDING”

WRIT OF CERTIORARI (RULE OF 4)

1%-2%

ROLE OF LAW CLERKS

IN FORMA PAUPERIS (GIDEON V. WAINWRIGHT – 1963)

FEE SHIFTING

CLASS-ACTION SUITS

BROWN V. B.O.E. “separate but equal” (1954)

PLESSY v. FERGUSON -1896

“WITH ALL DELIBERATE SPEED…

SCHOOL EQUALITY TODAY??? SOLON H.S. HUDSON H.S.

AMICUS CURIAE BRIEF

COURT OPINIONS

MAJORITY OPINION 9-0, 8-1, 7-2, 6-3, 5-4

CONCURRING OPINION

DISSENTING OPINION (MINORITY)

“STARE DECISIS” “let the decision stand” (PRECEDENT)

REMEDY

ENFORCEMENT POWER IS LOW

CHECKS ON THE COURTS

CONFIRMATION

IMPEACHMENT (15)

(JURIS)(DICTION) “the right to speak the law” CHANGES

QUALITIES OF A JUDGE

TODAY’S COURT

JOHN ROBERTS (George W. Bush)

ANTONIN SCALIA (Ronald Reagan)

ANTHONY KENNEDY (Ronald Reagan)

CLARENCE THOMAS (George HW Bush)

RUTH BADER GINSBURG (Bill Clinton)

STEPHEN BREYER (Bill Clinton)

SAMUEL ALITO (George W. Bush)

SONIA SOTOMAYOR (Barack Obama)

ELENA KAGAN (Barack Obama)

APPOINTEES … G.W. BUSH – 2 G.H.W. BUSH – 1 REAGAN – 2 CLINTON – 2 OBAMA - 2

AGES… ave.=65.6

DEFINITION OF “JUSTICE”