1. The Judiciary

2. The judiciary ARTICLE III of the U.S. Constitution
Constitutional Courts: District, Appeals, Special
Legislative Courts: Limited, Special

3. LEGISLATIVE CHECKS The judiciary Approval Impeachment Amendment
Reenactment
Jurisdiction

4. The judiciary ~ the federal system
US DISTRICT COURTS (94)
ONLY ORIGINAL JURISDICTION: Federal crimes; Federal civil suits; Civil suits between citizens of different states (>$75K); Maritime disputes; Bankruptcy; Review Federal agencies; Congressional assignments
US COURTS OF APPEALS (11)
ONLY APPELLATE JURISDICTION
US SUPREME COURT (1)
APPELLATE JURISDICTION FROM THE ABOVE
ORIGINAL JURISDICTION: 2 or more states; the US and a state; Foreign diplomats; State vs. another state’s citizen

5. The judiciary ~ Selection process
STRICT / LOOSE CONSTRUCTIONISM
(That’s Restraint / Activism to Wilson)
“SENATORIAL COURTESY”
LITMUS TEST

6. The judiciary LATIN CLASS Writ of Habeas Corpus Writ of Mandamus
Writ of Certiorari
Amicus Curiae [brief]
in forma pauperis
Stare Decisis

7. The judiciary ~ Vocabulary
JURISDICTION
Original or Appellate
STANDING
Real and Harmful; Citizenship questions
CIVIL OR CRIMINAL
CLASS ACTION
INDICTMENT

8. The judiciary ~ Vocabulary
JURY TRIALS
Grand and Petit
BRIEF
DEFENDANT – PLAINTIFF
Fee Shifting
SOVEREIGN IMMUNITY
VERDICT or FINDING

9. The judiciary ~ Decision time
PRECEDENT
OPINION
Majority
Concurring and Dissenting
REMEDY

10. the judiciary – the supremes
What are the Qualifications?

11. The judiciary ~ the supremes
CHIEF JUSTICES
John Jay
John Marshall
Roger Taney
William H. Taft
Charles E. Hughes
Earl Warren

12. The judiciary ~ The supremes
“NINE OLD MEN”
Number has varied
“Court-packing plan”
JUDICIAL REVIEW
Marbury v. Madison
The “Rule of 4”
36-week session

13. The judiciary ~ The supremes
JUSTICE
NOMINATOR
BIRTH
SEATED
BLOC
Anthony Kennedy
GHW Bush S
Clarence Thomas C
Ruth B Ginsberg
Clinton L
Stephen Breyer
8-3-94
*John Roberts*
GW Bush
Samuel Alito
4-1-50
Sonya Sotomayor
Obama
8-8-09
Elena Kagan
8-7-10
Neil Gorsuch
Trump

14. The judiciary ~ basic trends
From , most overturned laws were Economic (peak 1920)
From , most were Civil Liberties (peak 1970)
Lately, not too many have been
RECENT TRENDS
School Integration
Limits on Police Actions
Freedom of Expression

15. Is the appointment political?
The judiciary
Is the appointment political?
Partisanship
Most now are former judges
Term may be partisan

16. The judiciary How do we feel about lifetime appointments?
Avg. during Washington’s time was 7 years
Avg. during Jackson’s time was 20 years
Current court Avg. 13 years
But 5 have 12 years or less
4 have 22 or more years
What about the “youth factor”?