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Structure, Appointment and Powers of the American Judicial System

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Presentation on theme: "Structure, Appointment and Powers of the American Judicial System"— Presentation transcript:

1 Structure, Appointment and Powers of the American Judicial System
Judicial Branch Structure, Appointment and Powers of the American Judicial System

2 Judicial Philosophy An individual’s “take” on how the Constitution should be applied to court cases Usually reflects a person’s political leanings

3 Judicial Philosophy Open to interpretation
Loose Interpretation Strict Interpretation Open to interpretation Constitution as a “living document” Adapts to changing standards of society Follows the “letter” of the Constitution What the Founding Fathers intended “Constructionist”

4

5 Appointment and Ideology
Bush Clinton Clinton Reagan G.H.W. Bush Bush Reagan Obama Obama

6 Jurisdiction Jurisdiction: the authority of a court to here a particular type of case

7 Judicial Structure Supreme Court = ultimate authority
Hierarchical structure “From the bottom to the Top” Supreme Court = ultimate authority

8 Judicial Structure US Supreme Court Ultimate judicial authority
9 Justices Appointed by President – reflects his ideology Lifetime appointment Has both original and appellate jurisdiction

9 Judicial Appointments
Appointed for life “subject to good behavior” in order to insure that… Justices are free from direct political pressure Appointed by? President Confirmed by Senate confirms with 2/3 vote Which basic principle? Checks and Balances

10 Judicial Nominations

11 Senatorial Courtesy Preferences of senators from state of vacancy - “blue slipping”

12 Qualifications President’s Choice . . . So anybody Lower court judges
State S.C. judges Leading Attorneys Leading Law professors

13 Loose / Activist Apply their own opinions on a case-by-case basis

14 Strict / Original Rulings are “by the book” based only on prior law, not opinions

15 Litmus Test Test of ideology Abortion Affirmative action
Civil liberties Conservative – Strict Liberal - Activist

16 Presidential Politics
How will nomination help me How will nomination help party How will nomination determine law Demographic Considerations Ethnicity Race Gender

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