AP Gov Chapter 15 Outline

Size: px
Start display at page:

Download "AP Gov Chapter 15 Outline"

Transcription

1 Law in the United States is based primarily on the English legal system because of our colonial heritage. Once the colonies became independent from England, they did not establish a new legal system. With few modifications, the old English legal system was kept intact and states began to operate their courts based on these traditions. Unlike many other countries, English law is based on common law. Common law is judge made law based initially on the prevailing custom and eventually on legal precedent. Common law is based on stare decisis, which means to stand on decided cases. If a legal situation occurs that has previously been decided, the decision in the initial case is binding on the current situation. The major advantages to this type of system are efficiency and stability. In the United States, the Supreme Court has extraordinary power to shape the nation s policies through the practice of judicial review, which was first explicated by Justice Marshall in the Marbury v. Madison case in I. SOURCES OF AMERICAN LAW A. Constitutions The U.S. Constitution is the supreme law of the land. It outlines the basic structure of our government, and also sets forth the powers of the branches of government. The Constitution also lists some of the important rights held by individuals and limitations on the government. State constitutions are another important source of American law. They provide the structure of state governments and are the guiding documents within the specific states. B. Statutes and Administrative Regulations Statutes are an important source of law. Statutes are laws made by legislatures, including the Congress, state legislatures, and also county legislatures and local councils. These laws often delineate the rights (or responsibilities) of individuals. Administrative regulations are another source of law in the United States. Administrative regulations are rules issued by administrative agencies. Courts often are called upon to interpret administrative regulations. C. Case Law How statutes and constitutions are interpreted by the courts is essential. The rules and principles announced in court decisions constitute a source of American law. In American case law, the doctrine of stare decisis is important. This means that U.S. case law is based on precedent. D. Judicial Review Judicial review is the process for deciding whether a law is contrary to the mandates of the Constitution. This power is not mentioned in the Constitution. Rather, it was established in the case of Marbury v. Madison. In that case, Chief Justice Marshall ruled that the Supreme Court had the power to decide that a law passed by Congress violated the Constitution. The Supreme Court has ruled parts or all of acts of Congress to be unconstitutional less than 200 times in its

2 history. State laws, however, have been declared unconstitutional by the court more than a 1000 times. II. THE FEDERAL COURT SYSTEM The United States has a dual court system, comprised of both federal and state courts. The federal court derives its power from the U.S. Constitution, Article III, Section 1 and is organized according to Congressional legislation. State courts draw their authority from state constitutions and laws. Court cases that originate in state court systems reach the Supreme Court only after they have been appealed to the highest possible state court. A. Basic Judicial Requirements 1. Jurisdiction. Jurisdiction is the authority to hear and decide cases. The Constitution says that the federal courts have jurisdiction in cases that meet one of the following criteria: The case involves a federal question. A federal question is a legal question that is based, in whole or in part, on the U.S. Constitution, a treaty, or federal law. An example of a case asking a federal question would be one in which a plaintiff asserted his/her civil rights as guaranteed in the Bill of Rights (to free speech, or the free exercise of religion, for example). The case involves diversity of citizenship. Diversity of citizenship means that the parties to a lawsuit are from different states, or that one of the parties is a citizen or government of another country. These cases require a minimum of $75,000 in controversy. 2. Standing to Sue. Another important criterion is that the party bringing a lawsuit must have standing to sue; i.e., the party must have suffered harm, or be in danger of suffering harm, and there must be a justiciable (real, not hypothetical) controversy. B. Types of Federal Courts The federal court system is basically a three tiered model: (1) U.S. district courts and specialized federal courts, (2) intermediate U.S. courts of appeals, and (3) the U. S. Supreme Court. In addition, the U.S. military has its own system of courts, which are established under the Uniform Code of Military Justice. 1. U.S. District Courts. These are trial courts with general jurisdiction. Each state has at least one federal district court, and there are now a total of 94 districts. 2. U.S. Courts of Appeals. These are appellate courts that hear appeals of decisions of the U.S. District Courts located within their circuits. The Thirteenth Circuit (the Federal Circuit) has national appellate jurisdiction for cases involving the U.S. government. In appellate cases, the cases are

3 not re tried. Rather, a panel of judges reviews the actions and decisions of the lower court and decides whether a mistake was made. The decisions of the appellate panels are nearly always final, the rare exception being when the U.S. Supreme Court opts to hear an appeal. 3. The U. S. Supreme Court. This is the highest court in the country. It has jurisdiction to hear both original and appellate cases, although nearly all of its cases are appellate cases. C. Specialized Federal Courts and the War on Terrorism These two secret courts were created in response to terrorist attacks and thus embody the tension between national security interests and the protection of individual rights to due process. Several actions by the George W. Bush administration were ultimately overturned by the U.S. Supreme Court. Enemy combatants held at Guantanamo Bay, Cuba, pose unique challenges and many remain unresolved. 1. The FISA Court. This is a secret court of seven judges (who are also federal district judges from across the country) created under the Foreign Intelligence Surveillance Act (FISA) of It was established to issue warrants in espionage cases. After 9/11, the Bush administration extended the powers of this court to cover some criminal cases. Using FISA warrants, law enforcement can conduct secret searches. 2. Alien Removal Courts. The Anti Terrorism and Effective Death Penalty Act of 1996 created an alien removal court to hear evidence against suspected alien terrorists. The court is closed to the public. Judges rule on whether there is probable cause for deportation. The defendant cannot see the evidence that the prosecution used to secure the hearing. D. Parties to Lawsuits Key terms: The plaintiff is the person or organization that initiates a lawsuit. The defendant is the person or organization against whom the lawsuit is brought. To litigate is to engage in a legal proceeding or seek relief in a court of law; to carry on a lawsuit. Amicus curiae brief is a document containing a legal argument supporting a desired outcome in a particular case filed by a third party, or amicus curiae (Latin for friend of the court ), who is not directly involved in the litigation but who has an interest in the outcome of the case. An example is a class action suit a lawsuit seeking damages for all persons similarly situated. E. Procedural Rules The parties must comply with procedural rules and orders given by the judge. When a party does not follow a court s order, the court can cite him or her for contempt. Civil contempt is failing to comply with a court s order for the benefit of

4 another party. Criminal contempt is obstructing the administration of justice or bringing the court into disrespect. III. THE SUPREME COURT AT WORK The Supreme Court begins the first Monday in October and usually adjourns in late June. The nine justices must decide which cases to accept during the term, schedule oral arguments, read the legal briefs from all parties in the case, meet in conference to discuss the issues involved in each case, draft opinions of the Court for each case, and finally write the final opinions for each case. The cases that the Supreme Court has decided have impacted our lives considerably. Their decisions have also had important policy outcomes. In the past several years, the Supreme Court has heard cases regarding states rights, capital punishment, abortion, privacy rights, civil rights for minorities, and free speech issues. A. Which Cases Reach the Supreme Court? Former Chief Justice William Rehnquist has observed that the selection of Supreme Court cases is somewhat subjective. 1. Factors that Bear on the Decision. There are conditions that increase a case s chance of being heard by the Supreme Court. These include: when two lower courts are in disagreement; when a lower court s ruling conflicts with an existing Supreme Court ruling; when a case has broad significance (as in desegregation or abortion decisions); when the issue could have significance beyond the parties to the dispute; and when the solicitor general is pressuring the Court to hear a case. (The solicitor general represents the executive branch of the government before the Court.) 2. Granting Petitions for Review. Review is granted by a writ of certiorari. To issue a writ, a minimum of four justices must agree that the case should be heard by the Supreme Court (the rule of four ). This does not mean that all four justices are in agreement as to the outcome of the case in question. Rather they are in agreement that this is an important case worthy of the attention of the Supreme Court. B. Deciding Cases Once the Court has decided to accept a case, both parties in the case will submit legal briefs and engage in oral arguments. The Court normally does not hear evidence, as is true with all appeals courts. The Court s consideration of a case is based on the abstracts, the record, and the briefs. Unlike the practice in most

5 courts, lawyers addressing the Supreme Court can be (and often are) questioned by the justices during oral argument. The justices then meet in conference to discuss and vote on cases. C. Decisions and Opinions If the Court is unanimous in the ruling, one justice will be assigned to write the opinion of the Court. If the justices are divided on the reasoning of the outcome, there will be a majority opinion and dissenting opinions. Dissenting opinions are important because they typically form the basis for reversal arguments. On occasion there will be a concurring opinion by a justice. This opinion states a differing point of view on a legal issue, but supports a ruling in agreement with the majority of the Court. Some have complained that the Court reviews too few cases each term, thus giving the lower courts less guidance on important issues. Indeed, the number of opinions issued by the Court has dwindled notably since the 1980s, from 151 to roughly per term. Some scholars suggest that one of the reasons the Court hears fewer cases today is the growing conservatism of the judges sitting on lower courts. As a result, the government loses fewer cases in the lower courts, which lessens the need for the government to appeal the rulings. IV. THE SELECTION OF FEDERAL JUDGES A. Judicial Appointments After the president has nominated a candidate for any federal judicial position, the U. S. Senate must consider the candidate. If a majority of the Senate approves the candidate, the president will then appoint the judge to serve for life. Senatorial courtesy is a constraint on the president s freedom to appoint federal district judges. Senatorial courtesy allows a senator from the nominee s state to veto a judicial appointment by way of a blue slip. 1. Federal District Court Judgeship Nominations. Until President Jimmy Carter ( ), the nomination of federal district court judges actually originated with a senator or senators of the president s party from the state in which there was a vacancy. In effect, judicial appointments were a form of political patronage. Since Ronald Reagan ( ), the president has established complete control of nominations. 2. Federal Courts of Appeals Appointments. At the Court of Appeals level, candidates are reviewed in more detail. It is not unusual for those positions to be a stepping stone to the Supreme Court. In fact, every member of the current Supreme Court served on a federal circuit court of appeals.

6 3. Supreme Court Appointments. Nominations to the Supreme Court are carefully considered by the president. Only two members of the Court have been African American and only four have been female. 4. The Special Role of the Chief Justice. The chief justice not only heads the Supreme Court, but also serves as the chief executive officer of the large bureaucracy within the federal judicial system. B. Partisanship and Judicial Appointments In selecting a candidate the president may take into account many factors, but two factors in particular stand out: the party affiliation of the candidate and the political philosophy of the individual. Certainly this was the case with George W. Bush s selection of John Roberts and Samuel Alito to become members of the Court. However, it must be noted that as members sit on the Court they have a tendency to modify their ideological positions and some have been bitter disappointments to the presidents who nominated them. C. The Senate s Role If the president nominates a candidate that is considered to be significantly to the left or right of the political spectrum, the candidate may face opposition in the Senate. The impact of ideology also can be witnessed in the confirmation process. Since the presidency of Andrew Jackson, the Senate has often failed to confirm presidential judicial appointments. During the Reagan administration, there was acrimonious debate over the nomination of Robert Bork, whom the Senate rejected. During the George H. W. Bush administration, the nomination of Clarence Thomas was also contentious, though Thomas was confirmed. President Clinton succeeded in getting both of his Supreme Court nominees, Ruth Bader Ginsburg and Stephen Breyer confirmed. George W. Bush was forced to withdraw his nomination of Harriet Miers when Republicans in the Senate questioned her qualifications. Presidents Obama s two nominations, Sonia Sotomayor and Elena Kagan, although seen as too liberal by some senators, were eminently qualified for the court and were approved by the Senate with little incident. V. POLICYMAKING AND THE COURTS A reason for the vigor of the debates concerning judicial appointments is that the courts play a large role in determining policy throughout the country. One of the important ways for the judiciary to influence policy is through judicial review. A. Judicial Review The power of the courts to determine whether a law or action by the other branches of government is constitutional is known as the power of judicial review. Supreme Court decisions in this regard are important because of the Court s national jurisdiction. When a state law is ruled unconstitutional by the Supreme Court, it is then likely that other states laws will be held invalid as

7 well. Although most people have come to accept the concept of judicial review, bear in mind that this power is not specifically articulated in the Constitution. Rather, Article III speaks in terms of the judicial power being given to the Supreme Court, although some commentators argue that the Framers understood judicial review to be encompassed by the concept of judicial power. The idea of judicial review was formally claimed by the Supreme Court in the landmark case of Marbury v. Madison (1803) in a decision written by Chief Justice John Marshall. B. Judicial Activism and Judicial Restraint To some extent the ability of the courts to act as policymakers depends on the activism or the restraint of the courts. If the Court assumes an activist role, it will take a broad view of the Constitution and use its powers to check the activities of governmental bodies when those bodies can be said to exceed their authority. If the Court assumes the role of judicial restraint, the Court will use the power of judicial review sparingly and limit judicial action in the political process. Since the end of Word War II the Court has been much more activist than before, especially on social issues such as civil rights. Activism is sometimes associated with political liberalism and restraint with conservatism, but the Roberts Court demonstrates that the reverse is also possible. C. Strict versus Broad Construction Key concepts: Strict construction is a judicial philosophy that looks to the letter of the law when interpreting the Constitution or a particular statute. Broad construction is a judicial philosophy that looks to the context and purpose of a law when making an interpretation. As with activism and restraint, broad construction may be associated with liberalism and narrow construction with conservatism. Again, though, these associations can be reversed. D. Ideology and the Rehnquist Court The ideology of the justices determines the kinds of policy that the courts will make. Under the leadership of Chief Justice Rehnquist, the Court had been considered conservative, reflecting the philosophical views of the Republican presidents who selected most of the justices on the Court. With the retirement of Sandra Day O Connor and the death of William Rehnquist, the Court stands ideologically divided. Today, two of the justices, Antonin Scalia and Clarence Thomas, are notably conservative. The two new Bush appointees, Chief Justice John Roberts and Samuel Alito, are expected to join Scalia and Thomas to form a four judge conservative wing. Four members of the Court, John Paul Stevens, David Souter, Ruth Bader Ginsburg, and Stephen Breyer, line up on the liberal wing of the Court. Justice Anthony Kennedy stands in the center and his decisions control, to a great extent, the direction of the Court.

8 E. The Roberts Court In 2006, John Roberts was appointed to be the new Chief Justice. During Roberts first term as chief justice ( ), the Court ruled on several important issues, but no clear pattern was discernible in the decisions. In the years following his appointment, Roberts was more likely to vote with the conservative justices than with the moderate to liberal bloc. Thus a number of important decisions were handed down with close votes. VI. WHAT CHECKS OUR COURTS? Although our judicial system is one of the most independent in the world, the courts do not have absolute independence. Political checks limit the extent to which courts can exercise judicial review and engage in activist policy. These checks are exercised by the executive branch, the legislature, the public, and, finally, the judiciary. A. Executive Checks The president has several important methods of checking the judiciary. The president has the power to enforce judicial decisions through the use of the bureaucracy. In rare cases a president may refuse to implement a decision. More frequently, presidents use their power of appointment to check the judiciary. When vacancies occur within the judiciary the president can select judges who are more inclined to view the laws and Constitution from the perspective of the president. As indicated earlier, this power can assist the president in accomplishing goals long after he has left office. B. Legislative Checks Courts may make rulings, but often the legislatures at local, state, and federal levels are required to appropriate funds to carry out the courts rulings. When such funds are not appropriated, the court that made the ruling, in effect, has been checked. 1. Constitutional Amendments. Congress can propose a constitutional amendment if it opposes the Supreme Court s interpretation of the Constitution. 2. Rewriting Laws. When the courts make a ruling on a particular law, the legislature can revise the law if the interpretation by a federal court is not what the legislature intended. C. Public Opinion Although the public does not have a direct influence on the selection of members of the judiciary, it does have an indirect influence through the selection of the president. Also, the Court does not operate in a vacuum and is reluctant to make rulings that might be very unpopular.

9 D. Judicial Traditions and Doctrines To a certain extent, the courts also check themselves. 1. Hypothetical and Political Questions. The tradition of refusing to adjudicate hypothetical questions serves as one check. The doctrine that many issues (political questions) ought to be resolved by the elected branches of government is also a restraint. 2. The Impact of the Lower Courts. If lower courts dislike a Supreme Court ruling, they cannot overturn it but can seek to apply it in as limited a fashion as possible.

CHAPTER 9. The Judiciary

CHAPTER 9. The Judiciary CHAPTER 9 The Judiciary The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law: The court

More information

Topic 7 The Judicial Branch. Section One The National Judiciary

Topic 7 The Judicial Branch. Section One The National Judiciary Topic 7 The Judicial Branch Section One The National Judiciary Under the Articles of Confederation Under the Articles of Confederation, there was no national judiciary. All courts were State courts Under

More information

Patterson, Chapter 14. The Federal Judicial System Applying the Law. Chapter Quiz

Patterson, Chapter 14. The Federal Judicial System Applying the Law. Chapter Quiz Patterson, Chapter 14 The Federal Judicial System Applying the Law Chapter Quiz 1. Federal judges are a) nominated by the Senate and approved by both houses of Congress. b) nominated by the president and

More information

LEARNING OBJECTIVES After studying Chapter 16, you should be able to: 1. Understand the nature of the judicial system. 2. Explain how courts in the United States are organized and the nature of their jurisdiction.

More information

Chapter 13: The Judiciary

Chapter 13: The Judiciary Learning Objectives «Understand the Role of the Judiciary in US Government and Significant Court Cases Chapter 13: The Judiciary «Apply the Principle of Judicial Review «Contrast the Doctrine of Judicial

More information

Chapter Thirteen: The Courts

Chapter Thirteen: The Courts Chapter Thirteen: The Courts Learning Outcomes 1. Explain the main sources of American law, including constitutions, statutes and regulations, and the common law tradition. 2. Describe the structure of

More information

Chapter Fifteen: The Courts

Chapter Fifteen: The Courts 1 Chapter Fifteen: The Courts Learning Objectives 2 Explain such major concepts of the American legal system, such as the common law tradition, precedent, jurisdiction, judicial review, and stare decisis.

More information

Understanding the U.S. Supreme Court

Understanding the U.S. Supreme Court Understanding the U.S. Supreme Court Processing Supreme Court Cases Supreme Court Decision Making The Role of Law and Legal Principles Supreme Court Decision Making The Role of Politics Conducting Research

More information

The Judicial Branch. CP Political Systems

The Judicial Branch. CP Political Systems The Judicial Branch CP Political Systems Standards Content Standard 4: The student will examine the United States Constitution by comparing the legislative, executive, and judicial branches of government

More information

Unit 4C STUDY GUIDE. The Judiciary. Use the Constitution to answer questions #1-9. Unless noted, all questions are based on Article III.

Unit 4C STUDY GUIDE. The Judiciary. Use the Constitution to answer questions #1-9. Unless noted, all questions are based on Article III. Unit 4C STUDY GUIDE The Judiciary Use the Constitution to answer questions #1-9. Unless noted, all questions are based on Article III. 1. What power is vested in the courts? 2. The shall extend to all

More information

Unit V: Institutions The Federal Courts

Unit V: Institutions The Federal Courts Unit V: Institutions The Federal Courts Introduction to Federal Courts Categories of law Statutory law Laws created by legislation; statutes Common law Accumulation of court precedents Criminal law Government

More information

***JURISDICTION: A court s power to rule on a case. There are two primary systems of courts in the U.S.:

***JURISDICTION: A court s power to rule on a case. There are two primary systems of courts in the U.S.: THE FEDERAL COURTS ***JURISDICTION: A court s power to rule on a case. There are two primary systems of courts in the U.S.: STATE COURTS Jurisdiction over ordinances (locals laws) and state laws (laws

More information

Chapter 14 AP GOVERNMENT

Chapter 14 AP GOVERNMENT Chapter 14 AP GOVERNMENT Who should decide handout? Youtube hip hughes history Marbury v. Madison https://sites.google.com/view/ap-govdocuments/scotus-cases/marbury-v-madison-1803 9 Justices Appointed

More information

Chapter 7: The Judicial Branch

Chapter 7: The Judicial Branch Chapter 7: The Judicial Branch US Government Week of January 22, 2018 [T]he judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of

More information

The United States Supreme Court

The United States Supreme Court The United States Supreme Court The Supreme Court Justices The main job of the nation s top court is to decide whether laws are allowable under the Constitution. The Supreme Court has original jurisdiction

More information

THE JUDICIARY. In this chapter we will cover

THE JUDICIARY. In this chapter we will cover THE JUDICIARY THE JUDICIARY In this chapter we will cover The Constitution and the National Judiciary The American Legal System The Federal Court System How Federal Court Judges are Selected The Supreme

More information

The Federal Courts. Chapter 16

The Federal Courts. Chapter 16 The Federal Courts Chapter 16 3 HISTORICAL ERAS OF INFLUENCE 1787-1865 Political Nation building (legitimacy of govt.) Slavery 1865-1937 Economic Govt. roll in economy Great Depression 1937-Present Ideological

More information

INTRO TO POLI SCI 11/30/15

INTRO TO POLI SCI 11/30/15 INTRO TO POLI SCI 11/30/15 Objective: SWBAT describe the type of court system in the US and how the Supreme Court works. Agenda: Turn in Late Work Judicial Branch Notes When your friend asks to borrow

More information

The Courts. Chapter 15

The Courts. Chapter 15 The Courts Chapter 15 The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law: The court

More information

The Federal Courts. Chapter 16

The Federal Courts. Chapter 16 The Federal Courts Chapter 16 The Nature of the Judicial Introduction: Two types of cases: System Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law:

More information

The Supreme Court The Judicial Branch

The Supreme Court The Judicial Branch The Supreme Court The Judicial Branch Judicial Branch Interprets the laws! What does that mean? Courts Apply the law to specific cases/situations Decisions: What does the law mean? Is it constitutional

More information

INTRODUCTION THE NATURE OF THE JUDICIAL SYSTEM

INTRODUCTION THE NATURE OF THE JUDICIAL SYSTEM Trace the historical evolution of the policy agenda of the Supreme Court. Examine the ways in which American courts are both democratic and undemocratic institutions. CHAPTER OVERVIEW INTRODUCTION Although

More information

THE JUDICIAL BRANCH: THE FEDERAL COURTS

THE JUDICIAL BRANCH: THE FEDERAL COURTS THE JUDICIAL BRANCH: THE FEDERAL COURTS DUAL COURT SYSTEM There are really two court systems in the United States National judiciary that extends over all 50 States Court systems found in each State (most

More information

Chapter 18: The Federal Court System Section 1

Chapter 18: The Federal Court System Section 1 Chapter 18: The Federal Court System Section 1 Origins of the Judiciary The Constitution created the Supreme Court. Article III gives Congress the power to create the rest of the federal court system,

More information

U.S. Court System. The U.S. Supreme Court Building in Washington D. C. Diagram of the U.S. Court System

U.S. Court System. The U.S. Supreme Court Building in Washington D. C. Diagram of the U.S. Court System http://www.maxwell.syr.edu/plegal/scales/court.html Page 1 of 5 10/10/011 U.S. Court System The U.S. Supreme Court Building in Washington D. C. Diagram of the U.S. Court System U.S. Supreme Court Federal

More information

Chapter 14: The Judiciary Multiple Choice

Chapter 14: The Judiciary Multiple Choice Multiple Choice 1. In the context of Supreme Court conferences, which of the following statements is true of a dissenting opinion? a. It can be written by one or more justices. b. It refers to the opinion

More information

The Federal Courts. Warm-Up. Warm-Up. Chapter 16. The Weberian model views bureaucracies as. The Weberian model views bureaucracies as

The Federal Courts. Warm-Up. Warm-Up. Chapter 16. The Weberian model views bureaucracies as. The Weberian model views bureaucracies as The Federal Courts Chapter 16 Warm-Up The Weberian model views bureaucracies as a. Promoting good monopolies. b. Loosely organized and loosely run. c. Largely self-serving. d. Efficient and necessary.

More information

AP Government Chapter 15 Reading Guide: The Judiciary

AP Government Chapter 15 Reading Guide: The Judiciary AP Government Chapter 15 Reading Guide: The Judiciary 1. According to Federalist 78, what s Hamilton s argument for why the SCOTUS is the weakest of the branches? Do you agree? 2. So the court has the

More information

The Judicial Branch INTRODUCTION TO THE FEDERAL COURTS

The Judicial Branch INTRODUCTION TO THE FEDERAL COURTS The Judicial Branch INTRODUCTION TO THE FEDERAL COURTS I. Types of law. A. Statutory: deals w/written statutes (laws). B. Common. 1. Based upon a system of unwritten law. 2. Unwritten laws are based upon

More information

Ch.9: The Judicial Branch

Ch.9: The Judicial Branch Ch.9: The Judicial Branch Learning Goal Students will be able to analyze the structure, function, and processes of the judicial branch as established in Article III of the Constitution; the judicial branches

More information

Copyright 2011 Pearson Education, Inc. Publishing as Longman

Copyright 2011 Pearson Education, Inc. Publishing as Longman Chapter 16: The Federal Courts The Nature of the Judicial System The Structure of the Federal Judicial System The Politics of Judicial Selection The Backgrounds of Judges and Justices The Courts as Policymakers

More information

Copyright 2016, 2014, 2011 by Pearson Education, Inc. All Rights Reserved

Copyright 2016, 2014, 2011 by Pearson Education, Inc. All Rights Reserved The Federal Courts 15 Jon Elswick/AP Images Learning Objectives 15.1 15.2 15 Identify the basic elements of the American judicial system and the major participants in it. Outline the structure of the federal

More information

THE UNITED STATES SUPREME COURT and THE JUDICIARY BRANCH

THE UNITED STATES SUPREME COURT and THE JUDICIARY BRANCH Elana Kagan (Obama) Samuel Alito (G.W. Bush) Sonia Sotomayor (Obama) Neil Gorsuch (Trump) Ruth Bader Ginsberg (Clinton) Unit Four- BB Anthony Kennedy (Reagan) Chief Justice John Roberts (G.W. Bush) Clarence

More information

Chapter Outline and Learning Objectives. Chapter Outline and Learning Objectives. Chapter Outline and Learning Objectives

Chapter Outline and Learning Objectives. Chapter Outline and Learning Objectives. Chapter Outline and Learning Objectives Chapter 16: The Federal Courts The Nature of the Judicial The Politics of Judicial Selection The Backgrounds of Judges and Justices The Courts as Policymakers The Courts and Public Policy: An Understanding

More information

America s Federal Court System

America s Federal Court System America s Federal Court System How do we best balance the government s need to protect the security of the nation while guaranteeing the individuals personal liberties? I.) Judges vs. Legislators I.) Judges

More information

Chapter 8 - Judiciary. AP Government

Chapter 8 - Judiciary. AP Government Chapter 8 - Judiciary AP Government The Structure of the Judiciary A complex set of institutional courts and regular processes has been established to handle laws in the American system of government.

More information

Chapter 6: The Judicial Branch

Chapter 6: The Judicial Branch Chapter 6: The Judicial Branch Essential Question How do the nation s courts compete and cooperate with the other branches to settle legal controversies and to shape public policy? p. 189 U.S. District

More information

Government Guided Notes Unit Five Day #3 The Judicial Branch Supreme Court Processes & Justices. Latin Terms to Know. writ of certiorari Affidavit

Government Guided Notes Unit Five Day #3 The Judicial Branch Supreme Court Processes & Justices. Latin Terms to Know. writ of certiorari Affidavit Name: Date: Block # Government Guided Notes Unit Five Day #3 The Judicial Branch Supreme Court Processes & Justices Directions Listen and view today s PowerPoint lesson. As you view each slide, write in

More information

THE UNITED STATES SUPREME COURT and THE JUDICIARY BRANCH

THE UNITED STATES SUPREME COURT and THE JUDICIARY BRANCH Elana Kagan (Obama) Samuel Alito (G.W. Bush) Sonia Sotomayor (Obama) Neil Gorsuch (Trump) Ruth Bader Ginsberg (Clinton) Unit Four- BA Anthony Kennedy (Reagan) Chief Justice John Roberts (G.W. Bush) Clarence

More information

1. Which Article of the Constitution created the federal judiciary?

1. Which Article of the Constitution created the federal judiciary? 9 The Judiciary Multiple-Choice Questions 1. Which Article of the Constitution created the federal judiciary? a. Article III b. Article II c. Article VI d. Article I e. Article IX 2. According to Article

More information

The Judiciary AP Government Spring 2016

The Judiciary AP Government Spring 2016 The Judiciary AP Government Spring 2016 [T]hough individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter;

More information

laws created by legislative bodies.

laws created by legislative bodies. THE AP AMERICAN GOVERNMENT STUDY GUIDE CLASSIFICATION OF LEGAL ISSUES TYPE OF CASE CIVIL CASES CRIMINAL CASES covers issues of claims, suits, contracts, and licenses. covers illegal actions or wrongful

More information

a. Exceptions: Australia, Canada, Germany, India, and a few others B. Debate is over how the Constitution should be interpreted

a. Exceptions: Australia, Canada, Germany, India, and a few others B. Debate is over how the Constitution should be interpreted I. The American Judicial System A. Only in the United States do judges play so large a role in policy-making - The policy-making potential of the federal judiciary is enormous. Woodrow Wilson once described

More information

7) For a case to be heard in the Supreme Court, a minimum of how many judges must vote to hear the case? A) none B) one C) nine D) five E) four

7) For a case to be heard in the Supreme Court, a minimum of how many judges must vote to hear the case? A) none B) one C) nine D) five E) four Exam Name MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) Common law is. A) laws passed by legislatures B) the requirement that plaintiffs have

More information

The Federalist, No. 78

The Federalist, No. 78 The Judicial Branch January 2015 [T]he judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two; and that all possible

More information

Chapter 10: The Judiciary

Chapter 10: The Judiciary Chapter 10: The Judiciary Constitution and Creation of the Federal Judiciary Read Article III and answer: Discuss justices/judges: terms, appointments, remuneration What powers and jurisdiction does the

More information

Jurisdiction. Appointed by the President with the Advice and Consent of the Senate according to Article II, Section 2

Jurisdiction. Appointed by the President with the Advice and Consent of the Senate according to Article II, Section 2 The Judicial Branch Jurisdiction Federal Courts Article III, Section 1 vests judicial power in the Supreme Court and other inferior courts created by Congress Judges serve during good Behavior Appointed

More information

Federal and State Court System CHAPTER 13

Federal and State Court System CHAPTER 13 Federal and State Court System CHAPTER 13 The Judicial System in Democracy Lesson 1 Early Systems of law Law is the set of rules and standards by which a society governs itself. In democratic societies,

More information

Unit 3 10/13/2015. Chapter 9 The Federal Judiciary. Roots of the Federal Judiciary 9.1

Unit 3 10/13/2015. Chapter 9 The Federal Judiciary. Roots of the Federal Judiciary 9.1 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

More information

3. The doctrine of stare decisis is based on. a. precedents b. caucuses c. writs d. objections e. mistrials

3. The doctrine of stare decisis is based on. a. precedents b. caucuses c. writs d. objections e. mistrials 1. The common law evolved from the, established by William the Conqueror in England. a. courts of registry b. commonwealth courts c. criminal houses d. king's courts e. appellate courts 2. Which of the

More information

Terms to Know. In the first column, answer the questions based on what you know before you study. After this lesson, complete the last column.

Terms to Know. In the first column, answer the questions based on what you know before you study. After this lesson, complete the last column. Lesson 1: Federal Courts ESSENTIAL QUESTION How can governments ensure citizens are treated fairly? GUIDING QUESTIONS 1. What is the role of the federal courts? 2. What kinds of cases are heard in federal

More information

Courts, Judges, and the Law

Courts, Judges, and the Law CHAPTER 13 Courts, Judges, and the Law CHAPTER OUTLINE I. The Origins and Types of American Law II. The Structure of the Court Systems III. The Federal and State Court Systems A. Lower Courts B. The Supreme

More information

10. The courts which regularly employ grand juries are a. district courts. b. courts of appeal. c. military tribunals. d. bankruptcy courts.

10. The courts which regularly employ grand juries are a. district courts. b. courts of appeal. c. military tribunals. d. bankruptcy courts. The Judiciary 1. When a court of law is viewed as a neutral arena in which two parties argue their differences and present their points of view before an impartial arbiter, it is said to be a(n) a. judicial

More information

The U.S. Legal System

The U.S. Legal System Overview Overview The U.S. Legal System 2012 IP Summer Seminar Katie Guarino kguarino@edwardswildman.com July 2012 2011 Edwards Wildman Palmer LLP & Edwards Wildman Palmer UK LLP Cameras in the Courtroom:

More information

Guided Reading & Analysis: The Judicial Branch - Chapter 6, pp

Guided Reading & Analysis: The Judicial Branch - Chapter 6, pp Guided Reading & Analysis: The Judicial Branch - Chapter 6, pp 189-228 Purpose: This guide is not only a place to record notes as you read, but also to provide a place and structure for reflections and

More information

Interpreting the Constitution

Interpreting the Constitution Interpreting the Constitution Now that we have learned about the contents of the United States Constitution, we must now look at how it is used. The Founding Fathers knew the world would change in ways

More information

Judicial Branch Quiz. Multiple Choice Questions

Judicial Branch Quiz. Multiple Choice Questions Judicial Branch Quiz Multiple Choice Questions 1) Why did the Framers include life tenure for federal judges? A) To attract candidates for the positions B) To make it more difficult for the president and

More information

AP US Government: The Judiciary Test(including the Supreme Court) Study Guide There was no judicial system under the Articles of Confederation

AP US Government: The Judiciary Test(including the Supreme Court) Study Guide There was no judicial system under the Articles of Confederation AP US Government: The Judiciary Test(including the Supreme Court) Study Guide There was no judicial system under the Articles of Confederation Article III of the Constitution created a federal judiciary

More information

THE NATURE OF THE JUDICIAL SYSTEM

THE NATURE OF THE JUDICIAL SYSTEM THE FEDERAL COURTS THE NATURE OF THE JUDICIAL SYSTEM Introduction: An Adversarial relationship Two types of cases: Criminal Law: The government charges an individual with violating one or more specific

More information

Ch Identify the basic elements of the American judicial system and the major participants in it (p.486)

Ch Identify the basic elements of the American judicial system and the major participants in it (p.486) Ch. 15.1 Identify the basic elements of the American judicial system and the major participants in it (p.486) Unit 5 The Federal Courts 1 Current Supreme Court C 83 L 79 L? C C C 80 C L Merrick Neil Gorsuch?

More information

Introduction to US business law III. US Court System / Jurisdiction

Introduction to US business law III. US Court System / Jurisdiction Introduction to US business law III. US Court System / Jurisdiction FS 2018 Prof. Dr. Andreas Kellerhals Overview I. Repetition - Last week II. What left from previous session III. US Court System IV.

More information

The Courts CHAPTER. Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger

The Courts CHAPTER. Criminal Justice: A Brief Introduction, 7E by Frank Schmalleger CHAPTER 7 The Courts 1 America s Dual Court System The United States has courts on both the federal and state levels. This dual system reflects the state s need to retain judicial autonomy separate from

More information

AP Government & Politics Ch. 15 The Federal Court System & SCOTUS

AP Government & Politics Ch. 15 The Federal Court System & SCOTUS AP Government & Politics Ch. 15 The Federal Court System & SCOTUS 1. A liberal judicial activist judge would probably support which of the following rulings made by the Supreme Court? A. a death penalty

More information

3 BRANCHES OF GOVERNMENT

3 BRANCHES OF GOVERNMENT 3 BRANCHES OF GOVERNMENT EXECUTIVE BRANCH President, Vice President, Cabinet QUALIFICATIONS Written Qualifications 35 years old Lived in country for 14 years Natural-born citizen Unwritten Qualifications

More information

The Judicial System (cont d)

The Judicial System (cont d) The Judicial System (cont d) Alexander Hamilton in Federalist #78: Executive: Holds the sword of the community as commander-in-chief. Congress appropriates money ( commands the purse ) and decides the

More information

United States Judicial Branch

United States Judicial Branch United States Judicial Branch Role of the Courts Resolving disputes Setting precedents Interpreting the law Strict or loose constructionists Jurisdiction -right to try and decide a case. Exclusive jurisdiction

More information

Civil vs Criminal Cases

Civil vs Criminal Cases Chapter Objectives Describe the state court system and its politics Analyze sources and consequences of the power of the federal judiciary and compare/contrast approaches to constitutional interpretation

More information

4.17: SUPREME COURT. AP U. S. Government

4.17: SUPREME COURT. AP U. S. Government 4.17: SUPREME COURT C AP U. S. Government Article III of the Constitution establishes the Supreme Court as the this co-equal branch of the US government. In its early history the Court was not so prestigious.

More information

Getting to the Supreme Court How Justices and Cases Make Their Way to the High Court

Getting to the Supreme Court How Justices and Cases Make Their Way to the High Court Name: Class: Getting to the Supreme Court How Justices and Cases Make Their Way to the High Court By USHistory.org 2017 The Supreme Court of the United States is the highest federal court in the United

More information

Judiciary and Political Parties. Court Rulings on Parties. Presidential Nomination Rules. Presidential Nomination Rules

Judiciary and Political Parties. Court Rulings on Parties. Presidential Nomination Rules. Presidential Nomination Rules Judiciary and Political Parties Court rulings on rights of parties Parties and selection of judges Political party influence on judges decisions Court Rulings on Parties Supreme Court can and does avoid

More information

American Government Chapter 18 Notes The Federal Court System

American Government Chapter 18 Notes The Federal Court System American Government Chapter 18 Notes The Federal Court System Section 1 a. The National Judiciary B. Creation of a National Judiciary a. Framers of Constitution created a national judiciary b. A Dual Court

More information

The Courts and The Judiciary Part III

The Courts and The Judiciary Part III The Courts and The Judiciary Part III The interpretation of the law is the proper and peculiar province of the courts. A constitution is, and must be regarded by judges as, fundamental law. It therefore

More information

4.16: Intro to Federal Judiciary AP U. S. GOVERNMENT

4.16: Intro to Federal Judiciary AP U. S. GOVERNMENT 4.16: Intro to Federal Judiciary AP U. S. GOVERNMENT The Judicial Branch The judicial branch of the federal government consists of all federal courts. Article III of the Constitution established the U.S.

More information

2007 Annenberg Public Policy Center Judicial Survey Exact Question Wording, By Category

2007 Annenberg Public Policy Center Judicial Survey Exact Question Wording, By Category 2007 Annenberg Public Policy Center Judicial Survey Exact Question Wording, By Category Prepared by Princeton Survey Research Associates International for the Annenberg Foundation Trust at Sunnylands n

More information

THE JUDICIAL BRANCH. Article III. The Role of the Federal Court

THE JUDICIAL BRANCH. Article III. The Role of the Federal Court THE JUDICIAL BRANCH Section I Courts, Term of Office Section II Jurisdiction o Scope of Judicial Power o Supreme Court o Trial by Jury Section III Treason o Definition Punishment Article III The Role of

More information

CHAPTER 18:3 Supreme Court

CHAPTER 18:3 Supreme Court CHAPTER 18:3 Supreme Court Chapter 18:3 o We will examine the reasons why the Supreme Court is often called the higher court. o We will examine why judicial review is a key feature in the American System

More information

Chapter 18 The Judicial Branch

Chapter 18 The Judicial Branch Chapter 18 The Judicial Branch Creation of a National Judiciary The Framers created the national judiciary in Article III of the Constitution. There are two court systems in the United States: the national

More information

This week. Monroe & Kersh Chpt. 13 (Courts) Monroe & Kersh Chpt. 4 (Liber;es) Discussion. War Powers Consulta;on Act, Chapter 20 (2 nd ed)

This week. Monroe & Kersh Chpt. 13 (Courts) Monroe & Kersh Chpt. 4 (Liber;es) Discussion. War Powers Consulta;on Act, Chapter 20 (2 nd ed) This week Monroe & Kersh Chpt. 13 (Courts) Monroe & Kersh Chpt. 4 (Liber;es) Discussion War Powers Consulta;on Act, Chapter 20 (2 nd ed) Federal Courts ps250 Federal Courts Powers = judicial review Decisions

More information

Chapter 11 and 12 - The Federal Court System

Chapter 11 and 12 - The Federal Court System Chapter 11 and 12 - The Federal Court System SSCG16 The student will demonstrate knowledge of the operation of the federal judiciary. Powers of the Federal Courts Federal courts are generally created by

More information

Contemporary History

Contemporary History Contemporary History What have been three causes of social and cultural change in America during the last 50 years? in the workplace Women and minorities The Supreme Court s Role New groups Technology

More information

Chapter 10: The Judicial Branch

Chapter 10: The Judicial Branch Chapter 10: The Judicial Branch Section 1 Objectives: 1.) Explain the need for laws and a legal system 2.) Describe the role of courts in our legal system 3.) Compare the roles of state and federal courts

More information

Judicial Branch. SS.7.c.3.11 Diagram the levels, functions, and powers of courts at the state and federal levels.

Judicial Branch. SS.7.c.3.11 Diagram the levels, functions, and powers of courts at the state and federal levels. Judicial Branch SS.7.c.3.11 Diagram the levels, functions, and powers of courts at the state and federal levels. U.S. Supreme Court Judicial branch of our federal government is in charge of resolving disputes

More information

A Conservative Rewriting Of The 'Right To Work'

A Conservative Rewriting Of The 'Right To Work' A Conservative Rewriting Of The 'Right To Work' The problem with talking about a right to work in the United States is that the term refers to two very different political and legal concepts. The first

More information

Fall, Court Systems 9/4/17. The Parties. Becoming a Federal Judge. Senate Judiciary Committee 60 votes for Closure (?) Senate Advise and Consent

Fall, Court Systems 9/4/17. The Parties. Becoming a Federal Judge. Senate Judiciary Committee 60 votes for Closure (?) Senate Advise and Consent Fall, 2017 20 E1 17 Court Systems The Parties Plaintiff Defendant Petitioner Respondent Appellant Respondent Becoming a Federal Judge President Nominates Senate Advise and Consent Senate Judiciary Committee

More information

National Government Review. Kinda like Heads Up!

National Government Review. Kinda like Heads Up! National Government Review Kinda like Heads Up! Teamwork! Cannot say a word in the term (or derivative thereof) Must be Civics/Government specific in your clues But can use prior knowledge and history

More information

AP United States Government & Politics TAKE HOME TEST - Ch. 14, 15 & 16

AP United States Government & Politics TAKE HOME TEST - Ch. 14, 15 & 16 AP United States Government & Politics TAKE HOME TEST - Ch. 14, 15 & 16 MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) A budget deficit occurs

More information

Monday Tuesday Wednesday Thursday Friday. Good to Know Vocabulary 26. Chapter Executive Notes 30. Presidential Survey Activity 30

Monday Tuesday Wednesday Thursday Friday. Good to Know Vocabulary 26. Chapter Executive Notes 30. Presidential Survey Activity 30 Name: Period: Week: 14 16 Dates: 11/16 12/1 Unit: The Executive & Judicial Branch Chapters 13 15 Monday Tuesday Wednesday Thursday Friday 16 O Flex Day Finish Iron Jawed Angels 17 E 18 O *Executive Branch

More information

AP GOVERNMENT AND POLITICS THE JUDICIARY. Learning Guide Study Guide Topic Notes

AP GOVERNMENT AND POLITICS THE JUDICIARY. Learning Guide Study Guide Topic Notes AP GOVERNMENT AND POLITICS THE JUDICIARY Learning Guide Study Guide Topic Notes STUDY GUIDE Exam Date The Judiciary, Wilson chapter 16 Topics... 1. Constitutional basics 2. Judicial review 3. Organization

More information

C-SPAN SUPREME COURT SURVEY March 23, 2012

C-SPAN SUPREME COURT SURVEY March 23, 2012 C-SPAN SUPREME COURT SURVEY March 23, 2012 ROBERT GREEN, PRINCIPAL 1110 VERMONT AVE SUITE 1200 WASHINGTON, DC 20005 202-842-0500 Methodology Penn Schoen Berland (PSB) conducted online interviews on March

More information

Judicial Branch 11/11 11/14

Judicial Branch 11/11 11/14 Judicial Branch { 11/11 11/14 What Supreme Court case desegregated American schools by striking down the separate, but equal doctrine? Brown v. Board of Education (1954) Warmup Warmup Supreme Court PPT

More information

The Judicial Branch. Unit 5 AP Government

The Judicial Branch. Unit 5 AP Government The Judicial Branch Unit 5 AP Government Do you know the For current the Supreme Quiz Court Justices?? Do you know which president appointed them? 1.? 2.? 3.? 4.? 5.? 6.? 7.? 8.? 9.? Antonin Scalia- deceased

More information

AP AMERICAN GOVERNMENT

AP AMERICAN GOVERNMENT AP AMERICAN GOVERNMENT Unit Four The President and the Bureaucracy 2 1 Unit 4 Learning Objectives Running for President 4.1 Outline the stages in U.S. presidential elections and the differences in campaigning

More information

APGov Unit 2 Part 3: The Judicial Branch Workbook #2

APGov Unit 2 Part 3: The Judicial Branch Workbook #2 /15 Workbook Score: /10 Notes Score: Weeks: 1 Name Date Period APGov Unit 2 Part 3: The Judicial Branch Workbook #2 /25 Total Score Objectives: These are the key concepts that you must be able to answer

More information

The Federal Judiciary (HAA)

The Federal Judiciary (HAA) The Federal Judiciary (HAA) At fewer than 500 words, Article III of the Constitution, which spells out the powers of the nation s judicial branch, is remarkably brief. The framers brevity on this topic

More information

Important Court Cases Marbury v. Madison established power of Supreme Court to declare acts of Congress unconstitutional

Important Court Cases Marbury v. Madison established power of Supreme Court to declare acts of Congress unconstitutional Guiding Principles of the Judicial System Equal justice under the law Due Process of the law procedural substantive The Adversary System Presumption of Innocence Judicial System Types of Law Civil law

More information

Ken Winneg: (215) , Kathleen Hall Jamieson: (215) ,

Ken Winneg: (215) , Kathleen Hall Jamieson: (215) , 1 Embargoed for release: For more information: Friday, September 16, 9:30 am Ken Winneg: (215) 898-2641, kwinneg@asc.upenn.edu Kathleen Hall Jamieson: (215) 898-9400, kjamieson@asc.upenn.edu Visit: www.annenbergpublicpolicycenter.org

More information

Members policy specialists

Members policy specialists Institutions of National Government (Congress, Presidency, and Bureaucracy) Congress (435 representatives and 100 senators).house v. Senate (study chart on page 375 Key Differences ) A) Party Leadership.

More information

Significant Decisions. 1 pt. 2pt. 3 pt. 4pt. 5 pt

Significant Decisions. 1 pt. 2pt. 3 pt. 4pt. 5 pt Judicial Branch Terminology Checks and Balances Significant Decisions Chief Justices Potpourri 1pt 1 pt 1 pt 1pt 1 pt 2 pt 2 pt 2pt 2pt 2 pt 3 pt 3 pt 3 pt 3 pt 3 pt 4 pt 4 pt 4pt 4 pt 4pt 5pt 5 pt 5 pt

More information

Magruder s American Government

Magruder s American Government Presentation Pro Magruder s American Government C H A P T E R 18 The Federal Court System 2001 by Prentice Hall, Inc. C H A P T E R 18 The Federal Court System SECTION 1 The National Judiciary SECTION

More information

June 27, 2008 JUSTICES, RULING 5-4, ENDORSE PERSONAL RIGHT TO OWN GUN

June 27, 2008 JUSTICES, RULING 5-4, ENDORSE PERSONAL RIGHT TO OWN GUN June 27, 2008 JUSTICES, RULING 5-4, ENDORSE PERSONAL RIGHT TO OWN GUN By LINDA GREENHOUSE The Supreme Court on Thursday embraced the long-disputed view that the Second Amendment protects an individual

More information