1. Chapter Eleven
The Judiciary

2. Why is the Supreme Court so deeply divided on so many questions?
Enduring Questions
Should judges be limited to interpreting what the Constitution and federal laws say?
Why should federal courts be able to declare an act of Congress unconstitutional?
Why is the Supreme Court so deeply divided on so many questions?
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3. Courts in U.S. play major role in public policy
Introduction
Courts in U.S. play major role in public policy
Controversy today over method of judicial review
Courts’ chief weapon in system of checks and balances
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4. Development of the Federal Courts
Introduction
Nation building
Legitimacy of the federal government
Slavery
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5. Development of the Federal Courts (Cont’d)
Relationship between government and the economy
Court restricted powers of federal government
1937-Present
Political liberty
Social equality
Conflicts between the two
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6. Figure 11.2: The Organization of the Federal Courts
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7. The Structure of the Federal Courts
Only federal court mandated by Constitution is Supreme Court
Judicial appointments to constitutional courts are partisan
Lower federal courts difficult for president to control
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8. Figure 11.3: Female and Minority Judicial Appointees
Source: Data from Harold W. Stanley and Richard G. Niemi, Vital Statistics on American Politics (Washington, D.C.: CQ Press, 2001), pp
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9. Jurisdiction of the Federal Courts
Dual court system
Appeals to the Supreme Court
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10. Getting to Court Deterrents Fee shifting
Standing: Legal definition of who may bring a case; Rules are complex and changing
Class-action suits
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11. Supreme Court in Action
Lawyers submit written briefs to Court
Oral arguments by lawyers
Conference procedures
See patterns of voting on the Court
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12. Power to make policy does not surface in most cases
Power of the Courts
Power to make policy does not surface in most cases
Views of judicial activism - controversial
The causes of activism
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13. Checks on Judicial Power
Perhaps most important restraint on courts is dependence on others to enforce the court rulings
Congress affects the courts
Public opinion and the courts
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14. Reconsidering the Enduring Questions
Should judges be limited to interpreting what the Constitution and federal laws say?
Why should federal courts be able to declare an act of Congress unconstitutional?
Why is the Supreme Court so deeply divided on so many questions?
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