1. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

2. Chapter 10 The Judiciary

3. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Roots of the Federal Judiciary Framers believed judiciary posed little threat of tyranny Judiciary Act of 1789 –Established three-tiered federal court system District (trials) Appeals Supreme –Courts originally had very little power To Learning Objectives

4. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Marshall Court: Marbury v. Madison (1803) and Judicial Review  Federalist No. 78  Discontinued seriatim  Marbury v. Madison –Necessary and proper clause –National supremacy  McCulloch v. Maryland –National supremacy –Broad interpretation of the commerce clause LO 10.1 To Learning Objectives Who was John Marshall? A single person can make a major difference in the development of an institution. Such was the case with John Marshall (1755–1835), who dominated the Supreme Court during his thirty-four years as chief justice. More of a politician than a lawyer, Marshall served as a delegate to the Virginia legislature and played an instrumental role in Virginia’s ratification of the U.S. Constitution in 1787. He became secretary of state in 1800 under John Adams. When Oliver Ellsworth resigned as chief justice of the United States in 1800, Adams nominated Marshall. Marshall served on the Court until the day he died, participating in more than 1,000 decisions and authoring more than 500 opinions.

5. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The tradition of seriatim, to give opinions of the court individually, came from what? A.The Roman system of law B.The British system of law C.The Greek system of law D.The colonial system of law E.The French system of law LO 10.1 To Learning Objectives

6. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The tradition of seriatim, to give opinions of the court individually, came from what? A.The Roman system of law B.The British system of law C.The Greek system of law D.The colonial system of law E.The French system of law LO 10.1 To Learning Objectives

7. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The American Legal System Jurisdiction –Original –Appellate Criminal and civil law –Plaintiffs –Defendants –Judges –Juries To Learning Objectives

8. Copyright © 2011 Pearson Education, Inc. Publishing as Longman In criminal trials ___________ is/are the plaintiff(s), while in civil trials ___________ is/are the plaintiff. A.the government, bureaucratic agencies B.the states, the federal government C.private individuals or groups, the government D.the government, private individuals or groups E.private individuals or groups, bureaucratic agencies LO 10.2 To Learning Objectives

9. Copyright © 2011 Pearson Education, Inc. Publishing as Longman In criminal trials ___________ is/are the plaintiff(s), while in civil trials ___________ is/are the plaintiff. A.the government, bureaucratic agencies B.the states, the federal government C.private individuals or groups, the government D.the government, private individuals or groups E.private individuals or groups, bureaucratic agencies LO 10.2 To Learning Objectives

10. Copyright © 2011 Pearson Education, Inc. Publishing as Longman District courts –Cases where federal government is a party –Cases involving constitutional questions –Cases between states or citizens of different states Courts of appeals –Three-judge panel –Look at errors of procedures of law –Appellants must submit a brief to have case heard –Stare decisis Supreme Court –Nine-judge panel –Appellate and original jurisdiction –Ensures uniform interpretation of law –Maintains national supremacy The Federal Court System To Learning Objectives

11. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Figure 10.1: How is the American judicial system structured? Back To Learning Objectives

12. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Figure 10.2: What are the boundaries of federal district courts and courts of appeals? Back To Learning Objectives

13. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Stare decisis literally means what? A.The right of the court to decide B.The wise will decide C.Staring at decisions D.The stars make decisions E.Let the decision stand LO 10.3 To Learning Objectives

14. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Stare decisis literally means what? A.The right of the court to decide B.The wise will decide C.Staring at decisions D.The stars make decisions E.Let the decision stand LO 10.3 To Learning Objectives

15. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Demographics –Former lawyers or judges from inferior courts –Partisanship depends upon who appoints –Middle to upper class backgrounds –White and maleWhite and male Nomination Criteria –Competence –Ideology or policy preference –Rewards –Pursuit of political support –Religion, race, ethnicity, gender How Federal Court Judges Are Selected.. To Learning Objectives

16. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Confirmation Process –Investigation American Bar Association –Lobbying by interest groupsLobbying by interest groups Bork Christian organizations –Senate committee hearings and vote More intensive since 1980s Appointments to Supreme Court –Importance –Unpredictability LO 10.4 How Federal Court Judges Are Selected To Learning Objectives

17. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Who opposed Robert Bork’s appointment to the Supreme Court? A.The rich B.White males C.Libertarians D.Conservatives E.Liberals LO 10.4 To Learning Objectives

18. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Who opposed Robert Bork’s appointment to the Supreme Court? A.The rich B.White males C.Libertarians D.Conservatives E.Liberals LO 10.4 To Learning Objectives

19. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Deciding to Hear a Case –Supreme Court hears approximately one percent of cases filed cases filed –Supreme Court issues writ of certiorari to hear case –Rule of Four At least four Justices must sign on to a writ of certiorari –Role of clerksRole of clerks Initial filtration process The Supreme Court Today To Learning Objectives

20. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Figure 10.4: How does a case get to the Supreme Court? Back To Learning Objectives

21. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Table 10.1: What kinds of cases does the U.S. Supreme Court hear? To Learning Objectives

22. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Table 10.7: What do Supreme Court clerks do? Back To Learning Objectives

23. Copyright © 2011 Pearson Education, Inc. Publishing as Longman How Does a Case Survive the Process? Federal government –Solicitor general –Amicus curiae Conflict among the courts of appeals –Necessary to resolve dispute Interest group participation –Amicus curiae NAACP Washington Legal Foundation –Brown v. Board of Education (1954) –Planned Parenthood v. Casey (1992) LO 10.5 To Learning Objectives

24. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Oral arguments –Amicus briefs submitted beforehand The conference and the vote –Hierarchy Writing opinions –Majority Concur or dissent LO 10.5 Hearing and Deciding the Case To Learning Objectives

25. Copyright © 2011 Pearson Education, Inc. Publishing as Longman What does amicus curiae literally mean? A.Friend of the court B.The people have spoken C.The court has spoken D.A friendly decision E.A little curious LO 10.5 To Learning Objectives

26. Copyright © 2011 Pearson Education, Inc. Publishing as Longman What does amicus curiae literally mean? A.Friend of the court B.The people have spoken C.The court has spoken D.A friendly decision E.A little curious LO 10.5 To Learning Objectives

27. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Judicial philosophy, original intent, and ideology –Judicial restraint –Judicial activism –Strict constructionist Models of judicial decision making –Behavioral characteristics –The attitudinal model –The strategic model Public opinion –Civil rights/liberties issues Judicial Philosophy and Decision Making To Learning Objectives

28. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Table 10.3: What are the characteristics of district court appointees? Back To Learning Objectives

29. Copyright © 2011 Pearson Education, Inc. Publishing as Longman A strict constructionist believes in a(n) ____________ constitution. A.living B.inherently evil C.inherently good D.Christian E.dead LO 10.6 To Learning Objectives

30. Copyright © 2011 Pearson Education, Inc. Publishing as Longman A strict constructionist believes in a(n) ____________ constitution. A.living B.inherently evil C.inherently good D.Christian E.dead LO 10.6 To Learning Objectives

31. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Policy making –Judicial decisions make policy Judicial review Citizens United (2010) –Overruling itself Plessy v. Ferguson (1896) Brown v. Board of Education (1954) Implementation –Not always easy Brown v. Board of Education (1954) Reynolds v. Sims (1964) Toward Reform: Power, Policy Making, and the Court To Learning Objectives

32. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Table 10.9: Do Supreme Court decisions align with the views of the American public? Back To Learning Objectives

33. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Table 10.2: How does a president affect the federal judiciary? To Learning Objectives

34. Copyright © 2011 Pearson Education, Inc. Publishing as Longman In 1962, Justice William Brennan Jr. made a distinction between a political question and a _______________. A.political issue B.religious question C.social question D.loyalty issue E.religious issue LO 10.7 To Learning Objectives

35. Copyright © 2011 Pearson Education, Inc. Publishing as Longman In 1962, Justice William Brennan Jr. made a distinction between a political question and a _______________. A.political issue B.religious question C.social question D.loyalty issue E.religious issue LO 10.7 To Learning Objectives

36. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Back To Learning Objectives

37. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Figure 10.3: How many cases does the Supreme Court handle? Back To Learning Objectives

38. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Table 10.4: Who are the justices of the Supreme Court in 2010? To Learning Objectives

39. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Table 10.5: How many interest groups submit testimony to the Senate Judiciary Committee? Back To Learning Objectives

40. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Table 10.6: Can Americans name the justices of the Supreme Court? To Learning Objectives