1. Supreme Court Judiciary – The cornerstone of our democracy, yet the least democratic of the three branches.

3. Supreme Court I A,B & II A,B Introduction –Policy Makers –Constitutional Interpretation Development of the federal courts –Founders’ view –National Supremacy

4. Judicial Review Marbury v. Madison (1803) –Allows the courts to rule on the constitutionality of laws, giving the court the power to strike down or reinforce policy –Judiciary Act of 1789 and the writ of mandamus Set number of Chief Justices and Lower Courts Mandamus: “We command”  Supreme Court could declare a congressional act unconstitutional.  Power granted to federal government should be construed broadly.  Federal law is supreme over state law.

5. Supreme Court I:A,B Introduction –Policy Makers –Constitutional Interpretation Development of the federal courts –Founders’ view –National Supremacy –Government and Economy –Government and Political Liberty –Revival of State Sovereignty

6. Dred Scott v. Sandford

7. Structure of Federal Court System III:A Two kinds of federal courts created by Congress to handle cases the Supreme Court does not need to decide. 1. Constitutional courts—exercise judicial powers found in Article III (example: 94 district courts & 12 courts of appeals) a) Judges serve during good behavior b) Salaries not reduced while in office 2. Legislative courts (example: Court of Military Appeals) a) Created by Congress for specialized purposes b) Judges have fixed terms. c) Judges can be removed. d) No salary protection

9. Selecting Judges III:B Party Background Senate delays Senatorial Courtesy Litmus Test

10. Did I Pass? Appointed by President Because… Passes the litmus test a) Presidents seek judicial appointees who share political ideologies b) Has caused different circuits to come to different rulings about similar cases c) gender, ethnicity, experience etc. Concerns a) Ideological tests are too dominant & has caused delays in securing Senate confirmations b) Greatest impact on Supreme

11. Presidential Influence

13. Appointment President appoints judges for ALL federal court vacancies Senate must confirm all nominations by majority vote (Advice and consent) Senatorial courtesy – tradition started by G.Washington to seek approval from local senators over locally appointed judges

14. Senate Confirmations Reagan’s appointment of Robert Bork was contentious due to the judge’s radical right wing ideology Even a few Republicans did not support his nomination Do you want to be Borked? Not if you are up for a presidential nomination!

15. Jurisdiction of the Federal Courts IV:A Dual court system 1. State courts systems, federal court system 2. Federal cases in Article III & 11th Amendment of Constitution a)Federal cases: involving U.S. Constitution, federal law, treaties b)Diversity cases: involving different states, or citizens of different states 3. Some cases can be tried in either federal or state court. a) if both federal & state laws have been broken (dual sovereignty) b) Jurisdiction: each government has right to enact laws & neither can block prosecution out of sympathy for the accused 4. State cases sometimes can be appealed to Supreme Court

17. Route to Supreme Court IV:B Step 1 – DISTRICT COURTS –94 US Dist. – Hear 342,000 cases/yr –Trial by jury (only federal court with jury) Step 2 – APPEAL (CIRCUIT) COURTS –12 Courts of Appeal – Hear 61,000 cases/yr –Panel of 3 judges, sometimes more –No cases start here, review district court decisions –(Florida, Alabama & Georgia 11 th circuit)

19. Federal Court System Step 3 – US Supreme Court – Passive –2003 – Argued 84 cases, decided 71 –Hear appeals – writ of certiorari –Rule of 4 – 4 justices needed to agree to hear a case Chief Justice John Roberts

20. Getting to Court V:A-D Deterrents Fee shifting Standing Class action suits

21. Pop quiz 2 Draw and identify the 3 groups of the Iron Triangle. What is it called when the president courteously informs a Senator of the same political party as the President, that they are going to nominate someone from their state to a Judicial branch judgeship? Florida is under what Circuit/Appallete court? How many Supreme court justices are there today? How many does it take to give a hearing “Cert”?

22. Supreme Court in action VI:A Half hour Solicitor General –From Dept of Justice Amicus Curiae Other influences

23. Types of Opinions VI:B When an opinion (a decision) is written it often takes months and many drafts –Majority Opinion – justices in the majority must draft an opinion setting out the reasons for their decision –Concurring Opinion – justices who agree for other reasons can give their opinion –Dissenting Opinion – justices who disagree with the opinion write their side –Per curiam (opinion): brief and unsigned

24. The power of the federal courts VII: A-D Make policy through interpretation of law Measures of power Views of judicial activism –Supporters –Critics –Reasons for it Legislation and the courts

25. Checks on Judicial Power Implementation Congress and the courts Public opinion and the courts Reasons for increased judicial activism

26. Implementation “John Marshall has rendered his decision; now let him enforce it!” – Andrew Jackson “All deliberate speed” – Chief Earl Warren –10 years after Brown only 1% of Southern schools were desegregated Court must rely on branches, states, and officials to enforce its ruling

27. Conservatism vs. Liberalism Justices are supposed to be “above politics” However, they do have personal ideologies –EX. – Chief Justice Earl Warren (1953-69) and Chief Justice Warren Burger (1969-1986) were very liberal –Chief Justice William Rehnquist (1989-2005) and Chief Justice John Roberts (2005-?) swing conservative

28. Constraints on the Power of Federal Courts 1.Adversarial system – decision must be made between 2 choices, and court can’t bring up an issue 2.Justiciable dispute – must judge actual situations, not hypothetical situations 3. Political question – absence of law to rule on a case and the court calls on the Congress to create law Ex. – gay marriage – equal protection

29. Checks on the SC President appoints all judges Congress must confirm appointed judges Congress may alter the structure of the court system (# of courts and justices) Congress has the power to impeach judges Congress may amend the Constitution if the Courts find a law unconstitutional –Ex. Income tax originally found unconstitutional so Congress added 16 th amendment

30. Legislative Responses Supreme Court decisions can be undone by a) Revising legislation b) Amending the Constitution c) Altering jurisdiction of the Court d) Restricting Court remedies

31. Judicial and Political Philosophy Liberal Leans to the left on public policy and would vote Democrat Conservative Leans to the right on public policy and would vote Republican Judicial Activism Judges should interpret law loosely, using their power to promote their preferred political and social goals. Judges are said to be activists when they are likely to interject their own values in court decision. They make law. Judicial Restraint Legislators, not judges, should make the laws. Judges are said to exercise judicial restraint when they rule closely to statute and previous cases when reaching their decisions. They follow their perceived “original intent” of the framers. FreedomOrder Equality Freedom