Chapter 14

The Federal Judicial System The Supreme Court of the United States Selecting and deciding cases Issuing decisions and opinions Majority Plurality Concurring Dissenting © 2015, McGraw-Hill Education. All Rights Reserved.2

3

The Federal Judicial System Other federal courts U.S. district courts U.S. courts of appeals Special U.S. courts The state courts Political appointment Elected judges (most common form) Merit-plan judges © 2015, McGraw-Hill Education. All Rights Reserved.4

5

6

Federal Court Appointees Supreme Court nominees Presidents nominate those with compatible political philosophy Nominees must be acceptable to others Very few nominees rejected by Senate after nineteenth century © 2014, McGraw-Hill Education. All Rights Reserved.7

Federal Court Appointees Lower-court nominees Senatorial courtesy Presidents typically select members of same party Personal backgrounds of judicial appointees Nearly all recent appointees from appellate courts Most are white men, but diversity has increased in recent decades © 2015, McGraw-Hill Education. All Rights Reserved.8

© 2014, McGraw-Hill Education. All Rights Reserved.

© 2015, McGraw-Hill Education. All Rights Reserved.10

The Nature of Judicial Decision Making Legal influences on judicial decisions The facts of a case Three main sources of law The Constitution Legislative statutes Legal precedents © 2015, McGraw-Hill Education. All Rights Reserved.11

© 2015, McGraw-Hill Education. All Rights Reserved.12

The Nature of Judicial Decision Making Political influences on judicial decisions Inside the Court: judges’ political beliefs Justices vote in line with their political attitudes Not all issues clear-cut © 2015, McGraw-Hill Education. All Rights Reserved.13

The Nature of Judicial Decision Making Political influences on judicial decisions Outside the Court: the public, groups, and elected officials Court cannot move too far from public opinion Interest groups Congressional legislation and presidential appointments © 2015, McGraw-Hill Education. All Rights Reserved.14

Judicial Power and Democratic Government Originalism theory versus living constitution theory Originalism: determine and preserve founders’ intent Living constitution: adaptable to changing social situation © 2015, McGraw-Hill Education. All Rights Reserved.15

Judicial Power and Democratic Government Judicial restraint versus judicial activism Restraint: judges should abide by precedent and legislation Activism: judges should interpret Constitution and statutes in light of established principles when elected officials fail to do so What is the judiciary’s proper role? © 2014, McGraw-Hill Education. All Rights Reserved.16