1. JUDICIARY WHAT DO YOU ALREADY KNOW ABOUT THE JUDICIARY? Article?
Appointed?….term?
Types of federal courts? (structure)
Supreme Court
# of justices
Current Chief Justice
last Associate Justice confirmed
1st African-American
1st Woman
1st Latino (Latina)
Current African-American
Current Women

3. Aim: How has the federal judiciary evolved?
DO NOW:
What do you already know about “judicial review”?

4. JUDICIARY What is Judicial Review?
- the right of the federal courts to declare laws of Congress and acts of the executive branch void and unenforceable if they are judged to be in conflict with the Constitution
What court case established the power of judicial review for the Supreme Court?
What is the difference between a strict-constructionist approach and an activist approach to interpreting the Constitution?
Who is likely to be the “liberal” or “conservative” today?

5. JUDICIARY DEVELOPMENT OF THE COURTS
FOUNDERS probably expected judicial review but not such a large role in policy making
FOUNDERS believed that the courts “interpret the law”, not make policy
Courts - “least dangerous” branch – according to Alexander Hamilton, in Federalist 78
Judicial review was designed not to enlarge the power of the courts but to confine that of the legislature
**things have changed since Hamilton’s time

6. JUDICIARY FEDERAL COURTS (1787-1865) Issues that dominated the Court
Nation building, legitimacy of the federal government, and slavery
Court asserts supremacy of the federal government over the states
National law – dominant law
Supreme Court had power to decide what the Constitution meant
Landmark cases:
-Marbury v. Madison (1803)
-McCulloch v. Maryland (1819)
-Dred Scott decision (1857)

7. JUDICIARY FEDERAL COURTS (1865-1937) Issues that dominated the Courts
The Government and the Economy (proper relationship)
Restrictions on powers of governments
When would economy be restricted (regulated) by states and when by the nation?
Resisted regulatory measures?
Actually, tried to distinguish between reasonable and unreasonable regulation
Evidence shows that major concern was the protection of private property
IN ADDITION, the 14th and 15th Amendments construed so narrowly gave limited benefits to blacks

8. JUDICIARY FEDERAL COURTS (1938-present) Big issues before the Court
PERSONAL LIBERTY AND SOCIAL EQUALILTY
Enlarged scope of personal freedom and narrowed that of economic freedom
Decidedly PRO-REGULATION
Broad grants of discretionary authority to bureaucracy
Create welfare state
FDR attempts Court packing in 1936
Chief Justice Earl Warren – 1953 – begins most activist period in history of the Court (protect rights and liberties of citizens)

9. Aim: How does the federal judiciary influence U. S
Aim: How does the federal judiciary influence U.S. government and politics?
DO NOW:
Why did Alexander Hamilton consider the federal judiciary to be the least dangerous branch?
What is the significance of Marbury v. Madison?
What types of issues have dominated the Court since 1938?

11. STRUCTURE OF FEDERAL COURTS

12. JUDICIARY SELECTION OF JUDGES (Constitutional Courts) Nominated by …
Confirmed by …
Term?
Considerations (party, ideology, qualifications, competency, “diversity”)
“litmus test” – seek out judges with record similar to ideology looking for
Senatorial courtesy
BOTTOM LINE: doesn’t always work out the way a President would think (examples – Nixon and Warren Burger and Harry Blackmun; Reagan and Sandra Day O’Connor)

16. U.S. SUPREME COURT: DO YOU KNOW WHOSE WHO?

18. Current Supreme Court Antonin Scalia, DC 1986– — N.J. 1936—
N.J.
1936
Roman Catholic
Anthony M. Kennedy, Calif.
1988–
Calif.
Clarence Thomas, DC
1991–
Ga.
1948
Ruth Bader Ginsburg, DC
1993–
N.Y.
1933
Jewish
Stephen G. Breyer, Mass.
1994–
1938
John G. Roberts, DC
2005–
1955
Samuel A. Alito, Jr., N.J.
2006–
1950
Sonia Sotomayor N.Y.
2009–
1954
Elena Kagan N.Y.
2010–
1960

19. JUDICIARY What kinds of matters do Federal Courts deal with?
Criminal/civil cases
Federal questions
Diversity cases

20. JUDICIARY
What falls within the original jurisdiction of the Supreme Court?
A CONTROVERSY INVOLVING:
Two or more states
The U.S. and a state
Foreign ambassadors/diplomats
State and a citizen of a different state

21. Aim: How does the federal judiciary influence U. S
Aim: How does the federal judiciary influence U.S. government and politics?
So,…
Describe the structure of the federal judiciary. (3 types of courts)
How does one become a federal judge?
What factors would a President consider when making appointments to the federal bench?
What types of cases are within the “original jurisdiction” of the Supreme Court?

22. JUDICIARY OTHER TERMS Writ of Certiorari Gideon v. Wainwright
In forma pauperis
Fee-shifting
Standing
Sovereign immunity
Class-action suits
brief

23. JUDICIARY OTHER TERMS Amicus curiae brief Types of Opinions
Opinion of the Court
Majority opinion
Concurring opinion
Dissenting opinion
Stare decisis
remedy

24. Aim: How does the federal judiciary influence U. S
Aim: How does the federal judiciary influence U.S. government and politics?
DO NOW:
Why did Alexander Hamilton consider the federal judiciary to be the least dangerous branch of government?
What is the difference between judicial activism and judicial restraint?
Which philosophy follows “strict constructionism”? Which follows a broad loose interpretation of the constitution?
Which is associated with “original intent”? Which is associated with “contemporary meaning”?

25. Judicial Activism v. Judicial Restraint
Correct injustices
Institution of last resort for those without vote or influence
Congress and state legislatures tolerated segregation of schools
Court declared segregation unconstitutional
“Contemporary meaning”
JUDICIAL RESTRAINT
Judges – no specific expertise (schools, prisons, environment)
Judges not elected (don’t need an unelected legislature)
Immune to popular control
Mandates cost ($$$)
“original intent”

26. Checks on Judicial Power
NO INDEPENDENT ENFORCEMENT
CHECKS BY CONGRESS
Can gradually alter composition (appointments, impeachment
Alter number of judges
Undo S.C. decision by amending Constitution
Congress can repass law that Court declared unconstitutional
Change jurisdiction of lower courts and appellate jurisdiction of Supreme Court

27. Checks on Judicial Power
MORE CHECKS ON JUDICIAL POWER
CHECK BY PUBLIC OPINION
Court is aware, especially of elite opinion
Ignoring public opinion may destroy legitimacy of the Court (Dred Scott decision)
Influences the remedies the Court offers (backing off on busing)
Public opinion not only restrains but could energize the Court
Activist periods tend to coincide with periods of political change
Change in Court today result of Presidential appointments altering composition

29. JUDICIARY SUMMARY What is the significance of Marbury v. Madison?
Describe the structure of the federal judiciary. (3 parts)
What types of cases fall within the original jurisdiction of the Supreme Court?
What is the difference between judicial restraint and judicial activism?
How can the Court be checked (Congress, President, Public opinion)?
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