Unit 3 10/13/2015. Chapter 9 The Federal Judiciary. Roots of the Federal Judiciary 9.1
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1 Unit 3 Chapter 9 The Federal Judiciary Roots of the Federal Judiciary 9.1 The Judiciary Act of 1789 and the Creation of the Federal Judicial System The Marshall Court: Marbury v. Madison (1803) and Judicial Review TABLE 9.1 What kinds of cases does the U.S. Supreme Court hear? 9.1 1
2 The Judiciary Act of 1789 and Creation of the Federal Judiciary Three-tiered Court Structure Federal District Court Circuit Courts (Courts of Appeal) Supreme Court Rocky beginning for Supreme Court 9.1 The Marshall Court: Marbury v. Madison (1803) and Judicial Review John Marshall's tenure: Opinions from the Court, rather than individual justices McCulloch v. Maryland (1819) Broad interpretation of "necessary and proper" clause Marbury v. Madison (1803) Established Judicial Review 9.1 The Federal Court System The District Courts The Courts of Appeals The Supreme Court 2
3 FIGURE 9.1 How is the American Judicial System Structured? The District Courts Each state has at least one More populous states have more Jurisdiction Must involve federal or multi-state issue U.S. Attorney General Nominated by president; confirmed by Senate FIGURE What are the boundaries of federal district courts and courts of appeals? 3
4 The Courts of Appeals Eleven Courts of Appeals A twelfth is restricted to federal regulatory commissions and a thirteenth to patents Number of judges varies Depends on workload and complexity No original jurisdiction No new testimony The Supreme Court Jurisdiction Reviews cases from U.S. Courts of Appeal and state supreme courts Members Eight associate justices and one chief justice Precedent Rules are binding throughout the nation. Stare decisis How Federal Court Judges Are Selected Who Are Federal Judges? Nomination Criteria The Confirmation Process Appointments to the U.S. Supreme Court 4
5 Who Are Federal Judges? Background Generally have held other judicial jobs Active in politics Diversity growing Nomination Criteria Experience Ideology or Policy Preferences Rewards Pursuit of Political Support Religion Race, Ethnicity, and Gender TABLE Who are the Justices of the Supreme Court in 2014? 5
6 The Confirmation Process and Appointments to the U.S. Supreme Court Investigation Personal and professional background Lobbying by Interest Groups They do not stay silent Senate Committee Hearings and Senate Vote The Supreme Court Today Deciding to Hear a Case How Does a Case Survive the Process? Hearing and Deciding the Case Deciding to Hear a Case Writs of Certiorari and the Rule of Four Cases must come from from U.S. Courts of appeals or other courts of last resort. Cases must involve a federal question. Role of Clerks 6
7 FIGURE How Does a Case Get to the Supreme Court? How Does a Case Survive the Process? Federal Government The Solicitor General Conflicts Among the Courts of Appeal Different interpretations Interest Group Participation Important social issues Hearing and Deciding the Case Oral Arguments Questions asked and answered The Conference and the Vote Closed conferences twice a week Writing Opinions Dissenting opinions 7
8 Judicial Philosophy and Decision Making 9.5 Judicial Philosophy, Original Intent, and Ideology Public Opinion Judicial Philosophy, Original Intent, and Ideology 9.5 Judicial philosophy and ideology Judicial restraint Judicial activism Strict constructionism Public Opinion 9.5 Can check the power of the courts Activist periods May consider public opinion when issuing rulings Korematsu v. U.S. (1944) Public confidence in Court Has ebbed and flowed 8
9 Toward Reform: Power, Policy Making, and the Court 9.6 Policy Making Implementing Court Decisions Policy Making 9.6 Civil rights issues Right to privacy Equal rights for women, African Americans, and other minorities Authority of the Court Implementing Court Decisions 9.6 Judicial implementation How judicial decisions are translated into public policies Implementing population Those responsible for carrying out the decision Consumer population Those directly affected by the decision 9
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