1. The Judiciary Federal and State

2. Copyright © Houghton Mifflin Company. All rights reserved.14 | 2 JUDICIAL POWER UNDER Art. III Original Jurisdiction –Disputes between states –Disputes involving federal officer e.g. Secretary of…., President, etc. –Disputes between U.S. and other countries e.g. ambassadors, admiralty laws, etc. Appellate Jurisdiction

3. Copyright © Houghton Mifflin Company. All rights reserved.14 | 3 Judicial Power Not In Constitution Judicial review –Power of the Court to invalidate the actions of legislatures and executives on the grounds that actions conflict with the Constitution –Marbury v. Madison (1803)

4. Copyright © Houghton Mifflin Company. All rights reserved.14 | 4 Judicial Power (cont.) Democratic Institution? –Members of the judiciary are not elected –Judges serve during good behavior, life –Justices wield power of judicial review –Justices have no power to enforce decision they make.

5. Copyright © Houghton Mifflin Company. All rights reserved.14 | 5 Extent of Judicial Review Conservative critique –Judiciary was meddling with the affairs of the other branches and especially state governments –Jurisprudence of original intention: judges should stay faithful to the Constitution Liberal defense –Impossible to recover the founders’ intent thus there can be no jurisprudence of original intention –Judiciary plays a far broader role in reading the Constitution Progressive skepticism –Judiciary’s role in American democracy has varied but has not consistently played a popular democratic role –Judges are lawyers who are trained to believe in elite democratic values.

6. Copyright © Houghton Mifflin Company. All rights reserved.14 | 6 Supreme Court in History John Marshall McCulloch –Federal dominance: Marbury v. Madison, McCulloch v. Maryland and Gibson v. Ogden The Taney Court –Sympathetic to state governments e.g. Charles River Bridge v. Warren Bridge but upheld slavery in free states e.g. Dred Scott case

7. Copyright © Houghton Mifflin Company. All rights reserved.14 | 7 Supreme Court in History (2) Civil War to Roosevelt –The Court preoccupied with the rights of property and corporate capitalism e.g. Wabash railroad case, Lochner v. N.Y. case striking state power to regulate working hours of manufacturers in the state.

8. Copyright © Houghton Mifflin Company. All rights reserved.14 | 8 Supreme Court in History (3) Modern Court –Earl Warren Court-activist and centered on civil liberties and civil rights. E.g. New York Times v. Sullivan, and Brown v. Board of Education. –Warren Burger and Roe v. Wade, Bush v. Gore –Rehnquist to Roberts- conservative court on guns, elections, etc., e.g. US v. Lopez and Bush v. Gore.

9. Copyright © Houghton Mifflin Company. All rights reserved.14 | 9 Selection President nominates Senate confirms Lower federal court nominations –Senatorial courtesy Basic structure (p.434) –Independent State system (trial, appeal, State Supreme Court set by State Constitutions) –Federal Trial; Appellate (3 judges); –Supreme Court (via writ of certiorari and rule of 4)

10. Copyright © Houghton Mifflin Company. All rights reserved.14 | 10 Federal Court System District courts –94 U.S. district courts –647 district court judges U.S. courts of appeals –12 with general appellate jurisdiction, 1 in District of Columbia and 11 covering territories –167 appeals court judges

11. Copyright © Houghton Mifflin Company. All rights reserved.14 | 11 Federal Court System (p.432)

12. Copyright © Houghton Mifflin Company. All rights reserved.14 | 12 CALIFORNIA COURTS Differences from Federal –Supreme Court Number, term, accountability to public –Courts of Appeal –Trial Courts QUESTIONS ON FEDERAL OR STATE COURTS?