The Judiciary 9

Video: The Big Picture 9 IA_1/polisci/presidency/OConner_Ch09_The_Judiciary_Se g1_v2.html

9 Explain the organization of the federal court system Trace the development of the federal judiciary and the origins of judicial review Learning Objectives

9 Evaluate the Supreme Court’s process for accepting, hearing, and deciding cases 9.3 Outline the criteria and process used to select federal court judges Learning Objectives 9.4

9 Assess the role of the Supreme Court in the policy-making process Analyze the factors that influence judicial decision making Learning Objectives

Video: The Basics IA_1/polisci/presidency/Seg2_Judiciary_v2.html 9

 The Judiciary Act of 1789 and the Creation of the Federal Judiciary  The Marshall Court: Marbury v. Madison and Judicial Review 9.1 Roots of the Federal Judiciary

9.1 TABLE 9.1: What kinds of cases does the U.S. Supreme Court hear?

 Three-tiered Court Structure Federal District Court Circuit Courts (Courts of Appeal) Supreme Court  Rocky beginning for Supreme Court 9.1 The Judiciary Act of 1789 and Creation of the Federal Judiciary

 John Marshall’s tenure: Opinions from the Court, rather than individual justices  McCulloch v. Maryland (1819) Broad interpretation of “necessary and proper” clause  Marbury v. Madison (1803) Established Judicial Review 9.1 The Marshall Court: Marbury v. Madison and Judicial Review

Video: In Context IA_1/polisci/presidency/Seg3_Judiciary_v2.html

9.1 Chief Justice John Marshall

a.The importance of the “necessary and proper” clause b.The three-tiered federal court structure c.The authority of judicial review d.The number of justices on the Supreme Court 9.1 What did the case Marbury v. Madison establish? 9.1

a.The importance of the “necessary and proper” clause b.The three-tiered federal court structure c.The authority of judicial review d.The number of justices on the Supreme Court 9.1 What did the case Marbury v. Madison establish? 9.1

 District Courts  Courts of Appeals  The Supreme Court 9.2 The Federal Court System

FIGURE 9.1: How is the American Judicial System Structured? 9.2

 Each state has at least one More populous states have more  Jurisdiction Must involve federal or multi-state issue  U.S. Attorney Nominated by president; confirmed by Senate 9.2 District Courts

9.2 FIGURE 9.2: What are the boundaries of federal district courts and courts of appeals?

 Eleven Courts of Appeals A twelfth restricted to federal regulatory commissions and a thirteenth to patents  Number of judges varies Depends on workload and complexity  No original jurisdiction No new testimony 9.2 The Courts of Appeals

 Jurisdiction Reviews cases from U.S. Courts of Appeal and state supreme courts  Members Eight associate justices and one chief justice  Precedent Rules are binding throughout the nation Stare decisis 9.2 The Supreme Court

a.It must involve the federal government as a party b.It must present a federal question based on a claim under the U.S. Constitution c.Both A and B d.Either A or B 9.2 Which conditions must be met before a case may be heard in federal district court? 9.2

a.It must involve the federal government as a party b.It must present a federal question based on a claim under the U.S. Constitution c.Both A and B d.Either A or B 9.2 Which conditions must be met before a case may be heard in federal district court? 9.2

 Who Are Federal Judges?  Nomination Criteria  The Confirmation Process  Appointments to the U.S. Supreme Court 9.3 How Federal Court Judges Are Selected

TABLE 9.2: How does a president affect the federal judiciary? 9.3

 Background Generally have held other judicial jobs Active in politics Diversity growing  Rewards 9.3 Who Are Federal Judges?

 Experience Most nominees have legal experience  Ideology and Religion Presidents try to pick like-minded nominees  Pursuit of Political Support Nominees can garner approval from constituencies that haven’t been supportive  Race and Gender Recent Efforts to diversify 9.3 Nomination Criteria

9.3 TABLE 9.3: Who are the Justices of the Supreme Court in 2012?

 Investigation Personal and professional background  Lobbying by Interest Groups They don’t stay silent  Senate Committee Hearings Followed by Senate vote 9.3 The Confirmation Process and Appointments to the U.S. Supreme Court

9.3 TABLE 9.4: How Many Interest Groups Submit Testimony to the Senate Judiciary Committee?

What role does the Senate Judiciary Committee play in the judicial nomination process? 9.3

a.Senate Judiciary Committee hearing b.President’s announcement of nominee c.American Bar Association’s rating d.White House review of personal and professional background 9.3 What is the first step in the Supreme Court appointment rocess? 9.3

a.Senate Judiciary Committee hearing b.President’s announcement of nominee c.American Bar Association’s rating d.White House review of personal and professional background 9.3 What is the first step in the Supreme Court appointment process? 9.3

 Deciding to Hear a Case  How Does a Case Survive the Process?  Hearing and Deciding the Case 9.4 The Supreme Court Today

9.4 TABLE 9.5: Can Americans Name the Justices of the Supreme Court?

9.4 FIGURE 9.3: How Many Cases Does the Supreme Court Handle?

 Writs of Certiorari and the Rule of Four Cases must come from from U.S. Courts of appeals or other courts of last resort Cases must involve a federal question  Role of Clerks 9.4 Deciding to Hear a Case

9.4 FIGURE 9.4: How Does a Case Get to the Supreme Court?

Why are Supreme Court clerkships important? 9.4

 Federal Government The Solicitor General  Conflicts Among the Courts of Appeal Different interpretations  Interest Group Participation Important social issues 9.4 How Does a Case Survive the Process?

9.4 TABLE 9.6: Which Groups Participated as Amicus Curiae in Citizens United v. FEC (2010)?

 Oral Arguments Questions asked and answered  The Conference and the Vote Closed conferences twice a week  Writing the Opinion Dissenting opinions 9.4 Hearing and Deciding the Case

a.Writ of Certiori b.Amicus Curiae c.Appeals to the Solicitor General d.Launching a public interest campaign 9.4 Interest groups often participate in Supreme Court cases via this process: 9.4

a.Writ of Certiori b.Amicus Curiae c.Appeals to the Solicitor General d.Launching a public interest campaign 9.4 Interest groups often participate in Supreme Court cases via this process: 9.4

Explore the Simulation: You Are a Supreme Court Clerk _1/2013_mpsl_sim/simulation.html?simulaURL=10 9.4

 Judicial Philosophy, Original Intent, and Ideology  Public Opinion 9.5 Judicial Philosophy and Decision Making

 Judicial philosophy and ideology Judicial restraint Judicial activism Strict constructionism  Original intent 9.5 Judicial Philosophy, Original Intent, and Ideology

9.5 Public Opinion  Can check the power of the courts Activist periods  May consider public opinion when issuing rulings Korematsu v. U.S. (1944)  Public confidence in Court Has ebbed and flowed

9.5 TABLE 9.7: Do Supreme Court Decisions Align with the views of the American Public?

Video: Thinking Like a Political Scientist IA_1/polisci/presidency/Seg4_Judiciary_v2.html 9.5

a.Strict constructionism b.Judicial activism c.Judicial restraint d.All of the above 9.5 Supporters of this philosophy argue that the courts should stay away from policy-making: 9.5

a.Strict constructionism b.Judicial activism c.Judicial restraint d.All of the above 9.5 Supporters of this philosophy argue that the courts should stay away from policy-making: 9.5

Explore the Judiciary: Who Are the Activist Judges? _12/pex/pex9.html 9.5

9.6 Toward Reform: Power, Policy Making, and the Court  Power and Policy Making  Implementing Court Decisions

9.6 Power and Policy Making  Civil rights issues Right to privacy Equal rights for women, African Americans and other minorities  Authority of the Court

Video: In the Real World IA_1/polisci/presidency/Seg5_Judiciary_v2.html 9.6

Do unpopular Supreme Court rulings threaten the nation?

 Judicial implementation How judicial decisions are translated into public policies  Implementing population Those responsible for carrying out the decision  Consumer population Those directly affected by the decision 9.6 Implementing Court Decisions

a.Consumer population b.Implementing population c.Interest group population d.Judicial population 9.6 These are the people who are directly affected by a judicial ruling: 9.6

a.Consumer population b.Implementing population c.Interest group population d.Judicial population 9.6 These are the people who are directly affected by a judicial ruling: 9.6

Discussion Questions What role do the courts play in policy making? Should public opinion be considered when the judiciary makes policy decisions? What are some of the advantages and disadvantages of judicial activism? 9

Video: So What? IA_1/polisci/presidency/OConner_Ch09_The_Judiciary_Se g6_v2.html 9

Further Review: On MyPoliSciLab  Listen to the Chapter  Study and Review the Flashcards  Study and Review the Practice Tests 9