1. Longman PoliticalScienceInteractive
Magleby & Light
Government by the People
Chapter 14
The Judiciary:
The Balancing Branch
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2. The Supreme Court’s Shift to the Right
When Sandra Day O’Connor retired from the Supreme Court, a pivotal swing vote disappeared
George W. Bush’s appointments of Samuel Alito and John Roberts shifted the Court to the right
Example: 2007 decision to strike down as unconstitutional the use of race in assigning pupils to individual public schools
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3. Understanding the Federal Judiciary
The Framers viewed the federal judiciary as an important check against Congress and the president
But the judiciary has no influence over the “sword” or the “purse”
Judicial power is ensured via:
Insulation from public opinion
Insulation from the rest of government
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4. Judicial Review
The power of a court to refuse to enforce a law or government regulation that, in the opinion of the judges, conflicts with the U.S. Constitution or, in a state court, the state constitution
Only a constitutional amendment or a later Supreme Court can modify the Court’s decisions
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5. The Adversarial System The Inquisitorial System
Adversary System
The Adversarial System
Judges serve as relatively passive and detached referees who do not argue with attorneys or challenge evidence
The Inquisitorial System
Judges take an active role in discovering and evaluating evidence, will question witnesses, and intervene as deemed necessary
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6. Adversary System
Court of law is a neutral arena where two parties argue their differences
The federal government brings criminal cases
The federal judiciary decides the cases
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7. Types of Legal Disputes
Criminal Law
Crimes against the public order
Liberty is at stake
Right to government-provided attorneys
Right to trial by jury
Civil law
Relations between individuals, and their legal rights
Typically monetary punishment
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8. The Scope of Judicial Power
Judicial power is passive and reactive
Power only to decide justiciable disputes
Harm must have been done
Case must be ripe
Case cannot be moot
Case cannot be political
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9. Prosecuting Cases U.S. Department of Justice Led by attorney general
Assisted by solicitor general
Provides public defenders
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10. Types of Federal Courts
Article III (Constitutional) Versus Article I (Legislative) Courts
Original Jurisdiction The authority of a court to hear a case “in the first instance”
Appellate Jurisdiction The authority of a court to review decisions made by lower courts
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11. Level One: District Courts
District courts hear nearly 258,000 civil cases and more than 68,000 criminal cases annually
Use both grand juries and petit juries
District judges are appointed by the president, subject to confirmation by the Senate, and hold office for life
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12. Level Two: Circuit Courts of Appeals
The 11 U.S. Judicial Circuits
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13. Level Three: The Supreme Court
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14. Judicial Federalism: State and Federal Courts
Dual court system
Two court systems, state and federal, exist and operate at the same time in the same geographic areas
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15. The Politics of Appointing Federal Judges
No Constitutional requirements
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16. Making the Initial Choices
Article II:
--President has power to appoint
--Senate has power of advice and consent
Senatorial courtesy
Chief Justice John Roberts (far right) congratulates Justice Samuel A. Alito, Jr. at his swearing-in ceremony as a new member of the Supreme Court
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17. Senate Advice and Consent
Senate Confirmation Hearings
Except for Robert Bork, most judicial nominees have refused to answer questions that might reveal how they would decide a case
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18. The Role of Party, Race, and Gender
Since FDR, only 10 percent of judicial appointments have gone to candidates of the opposition party
Jimmy Carter brought increased diversity to the lower courts
Ronald Reagan appointed fewer minorities, but was the first to appoint a woman to the Supreme Court
Nearly 50 percent of Bill Clinton’s appointees were women and minorities
Roughly 32 percent of George W. Bush’s nominees have been women and minorities
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19. The Role of Judicial Philosophy
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20. Reform of the Selection Process
The lengthy and embattled confirmation hearings of Robert Bork (1987) and Clarence Thomas (1991) led many to ask if the confirmation process was in need of reform
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21. How Do Cases Rise to the Supreme Court?
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22. The Eight Steps to Judgment
Reviewing appeals
Writ of certiorari
In forma pauperis
Docket
Granting the appeal
Briefing the case
Amicus curiae briefs
Holding the oral argument
Meeting in conference
Explaining the decision
Opinions of the Court
Dissenting opinion
Concurring opinion
Writing the opinion
Releasing the opinion
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23. The Supreme Court Docket
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24. Influences on Supreme Court Decisions: The Chief Justice
Appointed by the president upon confirmation by the Senate
Responsible for assigning judges to committees, responding to proposed legislation that affects the judiciary, and delivering the annual Report on the State of the Judiciary
Former Chief Justice William H. Rehnquist
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25. Influences on Supreme Court Decisions: Law Clerks
Chosen by each justice
Increased number over time, leading to longer and more elaborate opinions
Debate over how much influence on Court decisions
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26. Influences on Supreme Court Decisions: The Solicitor General
Represents the federal government before the Supreme Court
Files amicus curiae briefs in cases in which the federal government is not a party
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27. Influences on Supreme Court Decisions: Citizens and Interested Parties
Also may file amicus curiae briefs
Increasingly used to counter the positions of the solicitor general and the government
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28. After the Court Decides
Sometimes remands the case
Uncertain effect on individuals who are not immediate parties to the suit
Decisions are sometimes ignored
Difficult to implement decisions requiring the cooperation of large numbers of officials
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29. Limits on Judicial Action: Adherence to Precedent
Stare Decisis
The rule of precedent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented
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30. Limits on Judicial Action: Congress and the President
Changing the numbers
Changing the jurisdiction
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31. Debating the Proper Role of the Courts
An independent judiciary is a hallmark of a constitutional democracy and a free society
Yet, judicial independence is often criticized when judges make unpopular decisions
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