1. Chapter 10
The Judicial Branch

2. Bell Ringer #1
Identify two provisions in the United States Constitution that were intended to shield the judiciary from electoral politics.

4. Constitution and SC Article III
“one supreme Court and inferior Courts”
Inferior courts controlled by Congress
Judicial Review: power of courts to review acts of other branches and the states
Marbury v. Madison (1803)

5. More Constitution and SC
Article I charges the Chief Justice as presiding officer in impeachment of president/VP
Justice appointed for life with “good behavior”
NO Constitutional requirements
Above the fray of politics…

6. Establishment of the Court
Created by the Judiciary Act of 1789
Constitutional Convention literally could not figure out what they wanted the Court to look like, so they put it off and let Congress deal with it.

7. Chisholm v. Georgia (1793)
Supreme Court’s jurisdiction included the right to hear suits brought by a citizen of one state against another state.
11th Amendment followed (1798)

8. The Marshall Court
Established supremacy of national government over state governments
Broad interpretation of Necessary & Proper Clause
McCulloch v. Maryland
Gibbons v. Ogden
Marbury v. Madison 1803: court case which established judicial review

9. Bell Ringer #2
Identify two ways electoral politics affect the federal judiciary.

10. Criminal and Civil Law
Criminal law enforced by state and national governments
Guilt determined by jury
Civil law regulates relationships between individuals and companies
Usually settled out of court or by a judge
Plaintiff and defendant

11. American Legal System 1 Supreme Court
Appellate and original jurisdiction
12 Court of Appeals (aka appellate courts)
Appellate jurisdiction
94 District courts (aka trial courts)
Original jurisdiction

13. United States District Courts
Every state has at least 1 district court
Original jurisdiction
Jury determines innocence or guilt
U.S. attorney in each district is that district’s chief law enforcement officer

15. Courts of Appeals Hear no new testimony (Appellate Jurisdiction)
Decided by a judge or panel of
Responsible for reviewing previous court decisions
Stare decisis (let the decision stand)
Reliance on past decisions or precedents
Allows for continuity and predictability in judicial system

16. Supreme Court
Must decide on “Was a constitutional right violated in the case?”
Original and Appellate jurisdiction
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.

17. How Federal Court Judges Are Selected
All Federal Court Judges are nominated by the President
“Provide a president with opportunity to put his philosophical stamp on the Court” (p. 359)
Confirmed by majority vote in the Senate
Senatorial courtesy: presidents defer selection of district court judges to the senators of their party in that state
NO constitutional requirements to become a justice

18. Nomination Criteria Competence: Judicial or government experience
Ideology or Policy Preferences: Presidents want like-minded justices

19. Supreme Court Confirmation Process
Possible list sent to the FBI before an official nomination is made
Nomination will be referred to the Senate Judiciary Committee
Conducts investigations, hearings, and votes on its recommendation for Senate action.
Lobbying for the confirmation/rejection by Interest Groups
Liberal Interest Groups launching full blown campaign against nominee Robert Bork
Liberal Interest Groups led to the delay of a hearing on the nomination of Miguel Estrada, leading to his withdrawl

20. Senate Committee Hearings and Senate Vote
After hearings and investigations, Senate Judiciary Committee makes a recommendation to the full Senate
Most rejections are a result of the Judicary Committees disapproval of a nominee

21. Deciding to Hear a Case Original and Appellate Jurisdiction
3-5 original jurisdiction cases per year
70-80 appellate jurisdiction cases per year
In 2011 there were almost 8,000 cases appealed
73 were decided
Most all cases arrive to the Supreme Court due to a writ of certiorari
Writ of certiorari: request of the Supreme Court to order up the records from a lower court to review the case
< 5% of cases appealed to SC are granted writ of certiorari

22. Rule of Four
Supreme Court controls its own caseload, deciding which cases it wants to hear and rejecting most cases which come to it
All petitions for certiorari must meet two criteria:
Arrive via a district court, court of appeals, or a state court of last resort
Case must involve a federal question

23. How does a case survive the process?
Conflict among district or circuit courts
Interest group participation
More participation in cases involving civil rights and or liberties
Interest groups file amicus curiae to urge the
courts to hear a case or deny it certiorari

24. Writing Opinions
Majority opinion: written to reflect the views of the majority
Concurring opinion: written by a justice or justices who agree with the outcome but not the legal rationale for the decision
Dissenting opinion: written by a justice who disagrees with the majority opinion

25. Judicial Philosophy and Decision Making
Judicial restraint and judicial activism
Advocates of judicial restraint argue that courts should allow the decisions of other branches to stand, even when they offend a judge’s own sense of principles (Strict constructionists)
Judicial activism is the philosophy where judges should use their power broadly to further justice, especially in the areas of equality and liberty

26. Judicial Policy Making
Courts can affect policy by declaring laws unconstitutional (judicial review)
Supreme Court also has the power to overrule itself
Brown v. Board of Education overruled Plessy v. Ferguson

27. Implementing Court Decisions
All courts rely on other units of government to carry out their directives.
Congress or president can choose not to carry out a decision by underfunding programs needed to implement a decision or seek lax enforcement.
Judicial implementation refers to how and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to the lawsuit.