1. The Judiciary: Blending Law and Politics
Chapter 9

2. Law and Courts Dimensions of law Constitutional law Statutory law
Administrative law
Criminal law
Civil law

3. Law and Courts Organization of the federal judiciary
Article 3 of the U.S. Constitution
Judiciary Act of 1789
U.S. Supreme Court
U.S. Circuit Courts of Appeals
U.S. District Courts

4. Ladder of Authority of American Courts

5. Law and Courts Organization of the federal judiciary (cont.)
Jurisdiction
Original
Appellate

6. Judicial Powers and Limitations
The origins and development of judicial review
Judicial review: The power of a court to overturn a law or official government action because it is deemed unconstitutional
First established in Marbury v. Madison (1803)

7. Judicial Powers and Limitations
Judicial review and constitutional interpretation
Judicial restraint
Judicial activism
Original intent
Living constitution

8. Judicial Powers and Limitations
Judicial review and civil rights
Given that racial minorities were disenfranchised for much of U.S. history, they were unable to directly influence the legislative and executive branches
Brown v. Board of Education (1954)
Judicial activism, judicial restraint, and the Fourteenth Amendment

9. Judicial Powers and Limitations
Limitations on the courts
Cannot enforce their own rulings
Constitution can be amended against Court rulings
Congress can clarify or rewrite laws in response to Court decisions

10. Judicial Powers and Limitations
Limitations on the courts (cont.)
Justiciable
Standing
Mootness
Precedent
Plessy v. Ferguson (1896)
Brown v. Board of Education (1954)

11. Judicial Selection Nominating judges Merit Political considerations
Law degree
Experience
Political considerations
Senatorial courtesy
Extreme ideologies

13. Judicial Selection Confirming judges
Presidential nominees must be confirmed by the Senate
The vast majority are confirmed
Nominees may be rejected because of:
Character flaws
Inexperience
Extreme ideology
Political opposition to a president

14. Judicial Selection Race and ethnicity and judicial nomination
Diversity
Region
Religion
Gender
Race and ethnicity
Race and ethnicity have not been a major factor in Supreme Court nominations
2 African Americans, 1 Latina (total)

15. Race/Ethnicity of Judges in the Lower Federal Courts Selected during the Carter, Reagan, G. H. W. Bush, Clinton, G. W. Bush, and Obama (through early 2016) Presidencies

16. Decision-Making on the Supreme Court
Decision-making procedures
Writ of certiorari
Amicus curiae (Friend of the Court) briefs
Oral arguments

17. Decision-Making on the Supreme Court
Decision-making procedures (cont.)
Majority opinion
Concurring opinion
Dissenting opinion

18. Decision-Making on the Supreme Court
Attorney influence on court decisions
Solicitor general
Highly familiar with the justices
Law clerks
Elite law education
White
Male
Interest group litigation