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Chapter 18 Judiciary
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Judicial Power Judges must remain independent of a political party
Determine which acts are not constitutional Power of judicial review = to view the laws of the land and determine their constitutionality
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Structure of the Courts
Three Levels of Federal Court Supreme Court Highest court Only hears a few cases each year Cases are on appeal from a lower court If states are in disagreements the Supreme Court will hear the case for the first time
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Supreme Court Nine Justices
Appointed by the president and approved by the Senate Lifetime terms Session is from October to June Current Justices Chief Justice William Rehnquist Antonin Scalia John Paul Stevens Anthony Kennedy David Souter Stephen Breyer Sandra Day O’Connor Ruth Bader Ginsburg Clarence Thomas
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Court of Appeals Another name Circuit Courts Twelve courts
Appellate court No new evidence can be submitted Judges are appointed for life by the president and confirmed by the Senate
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District Courts Trial Courts Hear cases for the first time
Every state has one court – large states more Texas has four Judges are appointed for life by the president and confirmed by the Senate Criminal and Civil cases Grand juries determine if the case will be brought to trial
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Supreme Court Justice Selection Criteria
Many hold common backgrounds Law degree and judicial experience Law degree Attended prestigious law schools Federal judgeship experience Ideology or Policy Preference a. Presidents appoint people with similar views
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Supreme Court Justice Selection Criteria
Age 50 - average Race and Gender First female = Sandra Day O’Connor in 1981 First African American = Thurgood Marshall in
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Supreme Court Process 1. Select a case to review 2. Filing Briefs
Both sides submit briefs that outline facts and arguments
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Supreme Court Process 3. Oral Argument 4. Conference
Each side has 30 minutes to speak Justices can interrupt at any time to ask questions Costs up to $500,000 to bring a case to the Supreme Court 4. Conference Cases are discussed Wednesday/Friday and a preliminary vote is taken
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Supreme Court Process 5. Assignment of Opinions
Determine who will write the majority opinion for the case Chief justice assigns Dissenting opinion written by opposition
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Supreme Court Checks and Balances
Internal Checks 1. Supreme Court relies on the executive branch to enforce the decisions Presidential Influence 1. President influences the balance of power
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Supreme Court Checks and Balances
Congressional Checks 1. Congress cannot reverse a decision 2. Congress can pass a similar bill 3. Can impeach judges
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