1. Chapter 14 THE COURTS

2. Learning Outcomes 14.1 Define judicial review, explain the circumstances under which it was established, and assess the significance of the authority it gave the courts. 14.2 Outline the organization of the U.S. court system and identify the principal functions of courts at each tier of the system. Copyright 2014 Cengage Learning 2

3. 14.3 Describe the process by which cases are both accepted for review and decided by the U.S. Supreme Court and analyze the role played by judicial restraint and judicial activism in judicial decisions. 14.4 Explain how judges at different levels of the federal court system are nominated and confirmed to the federal bench. Copyright 2014 Cengage Learning 3 Learning Outcomes

4. 14.5 Examine the impact, influence and acceptance of decisions on issues of national importance by an institution unaccountable to the electorate. 14.6 Evaluate the decision-making authority of the federal judiciary within the context of both majoritarian and pluralist democracy. Copyright 2014 Cengage Learning 4

5. National Judicial Supremacy  “One Supreme Court”  Defined by Section 1, Article III, of Constitution  Founders deferred to Congress the decision to create national court system  Judiciary Act of 1789  Federal courts coexist with state courts but are independent from them  Federal judges: lifetime appointment Copyright 2014 Cengage Learning 5

6. National Judicial Supremacy  Judicial Review of the Other Branches  Marbury v. Madison (1803)  Established Supreme Court’s power of judicial review  Power to declare congressional acts invalid if they violate the Constitution  Subsequent cases extended power to cover presidential acts as well Copyright 2014 Cengage Learning 6 Chief Justice John Marshall

7. National Judicial Supremacy  The Exercise of Judicial Review  Components of judicial review:  Power of the courts to declare national, state, & local laws invalid  Supremacy of national laws/treaties when in conflict with state/local laws  Supreme Court is final authority on meaning of Constitution Copyright 2014 Cengage Learning 7

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9. The Organization of Courts  Some Court Fundamentals  Criminal and Civil Cases  Government prosecutes criminal cases because crimes are a violation of public order  National penal code limited by the principle of federalism  Government can be party to civil disputes  Courts decide both criminal and Civil cases Copyright 2014 Cengage Learning 9

10. The Organization of Courts  Some Court Fundamentals (cont.)  Procedures and Policymaking  Most cases never go to trial  Plea bargain  Threat of lawsuit to exact concession  Settle – Though rare, even at Supreme Court level  Abandon – leave disputes unresolved  Adjudication  Opinions published in novel cases Copyright 2014 Cengage Learning 10

11. The Organization of Courts  Some Court Fundamentals (cont.)  Procedures and Policymaking  Judges make policy two ways  Common, or judgment law  Statutory construction  Three tiers of federal courts organized as pyramid  Bottom: U.S. district courts – where litigation begins  Middle: U.S. court of appeals  Top: U.S. Supreme Court Copyright 2014 Cengage Learning 11

12. The Organization of Courts  The U.S. District Courts  Sources of litigation – U.S. district courts extend to the following:  Federal criminal cases, defined by national law  Civil cases alleging a violation of national law  Civil cases brought against U.S. government  Civil cases between citizens of different states when amount in controversy exceeds $75,000 Copyright 2014 Cengage Learning 12

13. The Organization of Courts  The U.S. Courts of Appeals  Appellate Court Proceedings  Public  Regional courts  Panel of three judges  Precedents and Making Decisions  Written judgment of appellate courts serve as precedent for subsequent cases  Judges make public policy to the extent that they can influence decisions in other courts  Stare decisis Copyright 2014 Cengage Learning 13

14. The Supreme Court  Supreme Court strives to achieve just balance among values of freedom, order, and equality  Values came into conflict in two controversial issues  Desecration of the flag  School desegregation - Brown v. Board of Education Copyright 2014 Cengage Learning 14

15. The Supreme Court, 2011 Term: The Lineup Copyright 2014 Cengage Learning 15

16. The Supreme Court  Access to the Court  Court’s cases come from two sources:  Original jurisdiction  Appellate jurisdiction  Litigants in state cases must satisfy two conditions  Must have exhausted appeals in state system  Case must raise a federal question  Rule of four Copyright 2014 Cengage Learning 16

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18. The Supreme Court  The Solicitor General  Represents national government before Court  Appointed by president – 3 rd -ranking position in Department of Justice  Duties:  Determining whether to appeal a lower court’s decision  Reviewing and modifying briefs for appeals  Deciding whether or not to file amicus curiae briefs in any appellate court Copyright 2014 Cengage Learning 18

19. The Supreme Court  Decision Making  Courts grant review  Attorneys submit written briefs  Oral arguments, limited to 30 minutes per side  Oral arguments released on website  Justices meet in conference Copyright 2014 Cengage Learning 19

20. The Supreme Court  Decision Making  Judicial Restraint and Judicial Activism  Judicial restraint  Defer to decisions of elected branches of government  Elected representatives should make the laws  Judicial activism  Judges should not defer to the elected branches but should use their judicial power to promote the judges’ preferred social and political goals Copyright 2014 Cengage Learning 20

21. Welcome to the Club! Copyright 2014 Cengage Learning 21

22. The Supreme Court  Decision Making  Judgment and Argument  Judgment – Votes remain tentative until Court issues an opinion announcing its judgment  Argument  Concurrence  Dissent Copyright 2014 Cengage Learning 22

23. The Supreme Court  Decision Making  The Opinion  Chief justice or most senior justice in majority decides which justice writes majority opinion  Draft opinion circulated among justices for criticisms and suggestions  Public respect of court tested when court ventures into controversial areas Copyright 2014 Cengage Learning 23

24. The Supreme Court  The Chief Justice  Important functions  Forms docket  Directs Court’s conferences  Social, intellectual and policy leadership  Control discussion of issues  Communicate  By memoranda, not e-mail Copyright 2014 Cengage Learning 24

25. Judicial Recruitment  The Appointment of Federal Judges  No formal requirements for appointment  President nominates, Senate must confirm  Appointments likely to serve president’s administration, provide political legacy  Congress sets compensation  Appointments for life Copyright 2014 Cengage Learning 25

26. Judicial Recruitment  The Appointment of Federal Judges  The “Advice and Consent” of the Senate  District and Appeals Court vacancies  Judicial Selection Committee consults with home state senators from which appointment will be made  Senatorial courtesy  Senate Judiciary Committee reviews each judicial nominee and conducts a hearing Copyright 2014 Cengage Learning 26

27. Judicial Recruitment  The Appointment of Federal Judges  The American Bar Association  Screens candidates for the federal bench  Well qualified  Qualified  Not qualified Copyright 2014 Cengage Learning 27

28. Judicial Recruitment  Recent Presidents and the Federal Judiciary  Since President Carter, more diverse appointments  Under Clinton, women or minorities more than half appointments  Political Ideology at heart of judicial appointments Copyright 2014 Cengage Learning 28

29. Judicial Recruitment  Appointment to the Supreme Court  Vacancy announced  President makes nomination  Senate confirms  Since 1900, six appointments failed to be confirmed by Senate  Most nominees have prior judicial experience  Tendency for promotion from within judiciary Copyright 2014 Cengage Learning 29

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31. The Consequences of Judicial Decisions  Supreme Court Rulings: Implementation and Impact  Decisions are implemented by others  Decisions have far-reaching implications beyond the case itself  Roe v. Wade Copyright 2014 Cengage Learning 31

32. The Consequences of Judicial Decisions  Public Opinion and the Supreme Court  Policies coming from Supreme Court are generally in line with public ideology  In 2009, 6 in 10 Americans were likely to approve of Supreme Court’s job  By 2012, public approval rating had fallen to 44 percent Copyright 2014 Cengage Learning 32

33. The Courts and Models of Democracy  Majoritarian model  Courts adhere to letter of law and defer changes to elected representatives  Pluralist model  Courts are policymaking branch of government  Class action suits  Rulings have broader impact than other types  State court rulings can be based on either federal law, state law, or both Copyright 2014 Cengage Learning 33

34. The Courts and Models of Democracy  Supreme Court moving in conservative direction  Some states have become havens for liberal values  Judges pay attention to views of other courts and not just those above them Copyright 2014 Cengage Learning 34