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 by the President; confirmed by who? Supreme Law of the Land Interprets the Constitution Ideologies Appoint for life

Common Law Tradition: judge made law that originated in England from decisions shaped according to prevailing customs Precedent: court rule bearing on subsequent legal decisions in similar cases Stare Decisis: to stand on decided cases Judicial policy of following precedents established by past decisions Example: State court has to follow a precedent set by the federal government

Constitutions U.S. Constitution is the Supreme Law of the land State Constitutions are supreme within their own borders Statues (laws enacted by Congress) and Administrative Regulations Defining rights and obligations of citizens Federal Statues: taxes, hazardous waste State Statues: criminal codes, commercial laws Local: Ordinances: zoning and public safety Case Law Decisions rendered by the court Courts essentially do determine law!

Dual Court System: State and Federal Courts 2 Basic Judicial Requirements Jurisdiction Every court has the authority to only hear certain cases- Federal Jurisdiction is below: Federal Question: Constitution, Acts of Congress, or treaties Diversity of Citizens hip: parties are from different states, foreign countries Standing to Sue Sufficient state in the suit Can t be a hypothetical question

U.S. District Courts Trial Courts Original Jurisdiction-First Court to hear the case They also have general jurisdiction and limited jurisdiction One (at least) district court in each state - 90 total courts U.S. Courts of Appeals Appellant Jurisdiction 12 Courts Look at the law of the case not the facts U.S. Supreme Court 9 justices; started out as 5 Hears appeals but can also call up cases from lower courts for review

Plaintiff: initiates lawsuit Defendant: case whom the case is against Litigate: to BRING to TRIAL Amicus Curiae briefs: filed by a 3 rd party, have an interest in the end result of the case (interest groups) Class-Action Suit: lawsuit seeking damages for all persons similarly situated

Establish procedural roles that shape the litigation process to ensure fair and orderly When a party does not follow a court s order, the court can cite him or her for contempt Civil contempt: failing to comply with a court s order for the benefit of another party to the proceeding Criminal contempt: obstructing the administration

Term begins in October-Through July Hear less than ½ of a 1% of cases that are sent to them every year Cases like: abortion, religious freedom, assisted suicide, abortion, property rights, term limits for congresspersons Which Cases do they hear? Factors: whether the issue could have significance beyond the parties dispute And the Solicitor General explained on next slide

The Solicitor General Is often called the 10 th Justice due to the close working relationship with the justices on the court. Argues on behalf of the Government in all cases against the government and decides on appealing to the supreme court when a lower court rules against the U.S. Gov Cases he wants to be called up by the Supreme Court often are (writ of ceritori) due to the close working relationship between the Solicitor General and the Justices Jeffery B Wall is the acting Solicitor General

Court can also grant a petition for a review, will issue a writ of cert (certiorari) Orders a lower court to send the Supreme Court a record of the case for review The Court will not issue a writ unless at least four justices approve it. This called the Rule of Four.

Opinion Statement Affirm To agree with a previously decided case Reverse To disagree with a previously decided case and set a new precident Remand To send a case back to an inferior court for further action Unanimous opinion - 9/9 Judges Agree Majority opinion 8/9, 7/9, 6/9, 5/9 Concurring opinion Different Grounds for agreeing with majority Dissenting opinion 4/9, 3/9, 2/9, 1/9

The Selection of Federal Judges All FEDERAL judges are appointed Article II; Section 2: The President appoints the justices of the Supreme Court with the advise and consent of the Senate SERVE FOR LIFE! Suggested by President, Department of Justice, Senators, and other judges

Other Jobs Gorsuch has had https://www.y outube.com/ watch?v=r6_ BIfn8p6w Neil Gorsuch was President Trump s pick to replace Antonin Scalia https://www.youtube.com/watch?v=ds30byhzcn8

https://www.youtube.com/watch?v=uqzclra2qlm Ginsburg Interview https://www.youtube.com/watch?v=xhzsd-kz-za Ruther Bader Ginsburg SNL Stop 3:00 in

Consider a person s competence but also political ideology President makes nomination and then it is sent to the Senate; the Senate either confirms or rejects the nomination Senatorial Courtesy: in a federal district judgeship nominations, a senator is allowed to veto a judicial appointment from someone from their particular state

Federal District Court Judgeship Nominations Usually the President Federal court Appeals Appointments Less numerous but more important Handle more important matters; President s have a keener interest Supreme Court Appointments Most common job is legal practice or judgeship Special Role of the CHIEF JUSTICE: CEO of the judicial bureaucracy 1200 judges with lifetime tenure Staff of 30,000 Budget of 5.5 billion!!!

Ideology is so important 20% of Presidential nominations are rejected LITMUS TEST** A test of ideological purity in selecting judges Many people would like to see judges picked on the basis of professional qualifications, without reference to ideology Grown in importance in selecting Supreme Court justices President s finding people who share their philosophy

The importance of the Judiciary in today s government Judges inevitably make policy when interpreting and applying the laws JUDICIAL REVIEW; Marbury v. Madison Explain Case The Ability for the Supreme Court to declare other branches actions to be Unconstitutional (President/ Congress) Against: gives unelected judges too much influence over national policy For: protect our constitutional rights/otherwise there would be no governmental body to check Congress s lawmaking authority

Judicial Activism: rests on the conviction that the federal judiciary should take an active role by using its powers to check the activities of Congress, state legislatures, and administrative agencies EXAMPLE: Warren Court during Civil Rights era (liberalism) Judicial Restraint: rests on the assumption that the courts should defer to the decisions made by the legislative and executive branches, because members of Congress and the President are elected by the people and people of the federal judiciary are not (conservatism)

Strict: a judicial philosophy that looks to the letter of the law (conservatism) Broad/Loose: a judicial philosophy that looks to the context and purpose of a laws (liberalism) Living Constitution

Executive Checks Judicial implementation: the way in which court decisions are translated into action Implementation by the President President s usually do not choose not enforce a decision President s appoint Supreme Court Justices Legislative Checks Legislative branch can create a constitutional amendment to override a Supreme Court decision Confirms Supreme Court Justices Impeachment

Public Opinion Public pressure to refuse to enforce a decision Courts are influenced by it Judicial Traditions and Doctrines Political Question: an issue that a court believes should be decided by the executive or judicial branch Higher courts can reverse decisions of the lower courts

Handout The Judiciary FRQ Response Practice Read the Handout Identify one way the Legislative Branch checks the Judicial Branch. Identify one way the Executive branch checks the Judicial Branch Define Judicial Review Describe how interest groups work to block certain nominees to the Supreme Court.