1. The Federal Judicial System: Applying the Law
Chapter 14

2. The Federal Judicial System
The Supreme Court of the United States
Selecting and deciding cases
Issuing decisions and opinions
Majority
Plurality
Concurring
Dissenting
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3. Insert Figure 14-1 Supreme Court Opinions, 1950-2010
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4. The Federal Judicial System
Other federal courts
U.S. district courts
U.S. courts of appeals
Special U.S. courts
The state courts
Political appointment
Elected judges (most common form)
Merit-plan judges
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5. Insert Figure 14-2 The Federal Judicial System
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6. Insert Figure 14-3 Geographic Boundaries of U.S. Courts of Appeals
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7. Federal Court Appointees
Supreme Court nominees
Presidents nominate those with compatible political philosophy
Nominees must be acceptable to others
Very few nominees rejected by Senate after nineteenth century
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8. Federal Court Appointees
Lower-court nominees
Senatorial courtesy
Presidents typically select members of same party
Personal backgrounds of judicial appointees
Nearly all recent appointees from appellate courts
Most are white men, but diversity has increased in recent decades
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9. © 2014, McGraw-Hill Education. All Rights Reserved.
Insert Figure 14-4 Political Parties, Presidents, and Women and Minority Judicial Appointees
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10. Insert Table 14-1 Justices of the Supreme Court
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11. The Nature of Judicial Decision Making
Legal influences on judicial decisions
The facts of a case
Three main sources of law
The Constitution
Legislative statutes
Legal precedents
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12. © 2014, McGraw-Hill Education. All Rights Reserved.
Insert Table 14-2 Sources of Law That Constrain the Decisions of the Federal Judiciary
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13. The Nature of Judicial Decision Making
Political influences on judicial decisions
Inside the Court: judges’ political beliefs
Justices vote in line with their political attitudes
Not all issues clear-cut
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14. The Nature of Judicial Decision Making
Political influences on judicial decisions
Outside the Court: the public, groups, and elected officials
Court cannot move too far from public opinion
Interest groups
Congressional legislation and presidential appointments
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15. Judicial Power and Democratic Government
Originalism theory versus living constitution theory
Originalism: determine and preserve founders’ intent
Living constitution: adaptable to changing social situation
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16. Judicial Power and Democratic Government
Judicial restraint versus judicial activism
Restraint: judges should abide by precedent and legislation
Activism: judges should interpret Constitution and statutes in light of established principles when elected officials fail to do so
What is the judiciary’s proper role?
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