Agenda

• Collect/Discuss Media Project

• Go over Unit 4 Exam• Hand out Study Guide• Assign Ct. Cases• Opener video clip• Notes• Discussion of Topics• HW: Rdg. Ch. 16; Prep for

Debate

• Go over common missed ?s

• Print/Copy Study Guide• Print/Copy Vocab• Print/Cut Ct. Cases• Open Video Clip• Print/Study Notes• Current Event Notes

The Judicial Branch

The Referee of U.S. Democracy?

Funny Daily Show Clip

Colbert Nation: John Paul Stevens Interview

Preview: Bond v. United States

Preview: McCutcheon v. U.S.

http://www.cbsnews.com/video/watch/?id=50156672n

http://www.cbsnews.com/8301-18563_162-57606601/

Article III• Why is it discussed 3rd?

– Leg.=Make Laws; Exec. = Enforce Laws Jud. = Interpret Laws (only natural…)

• Supreme Court only one mentioned in Constitution…– Leaves room to expand

• How is Judicial System an example of Federalism?– Federal District Courts, Appellate Courts, Supreme Court– Dual Court System: Federal and State level

• 97% of Cases Heard in State Courts

Judicial System

• Who has the power to create lower fed. Courts?– Congress

• Judiciary Act of 1789: – Pyramidal Structure-3 tier system– Estbl. Basic system of courts; reinforce notion of

federalism by creating a dual system

• Congress continues to add courts– Specialization/division of labor

Federal Courts– Supreme Court

• Court of last resort; highest court in the land• Hears cases from State Supreme Ct. and U.S. Courts of Appeals• Orig. Jurisdiction Cases:

– 2+ states; U.S. & state; US/For. Ambassadors & diplomats

• Judicial Review…Precedents binding on entire nation

– Constitutional: Exercise judicial power in Const.• 94 Federal District Courts (min. 1/state)—80% of fed. cases• 13 U.S. Court of Appeals

– Special/Legislative Courts: deal with cases from expressed powers• Judges serve fixed terms• U.S. Tax Court, U.S. Court of Appeals for Armed Forces

Jurisdiction• Depends on issue/nature of case• Different Kinds

– Original Jurisdiction– Appellate Jurisdiction– Exclusive Jurisdiction– Concurrent Jurisdiction– Discretionary Jurisdiction

• Judiciary Act of 1925• Reserved for Sup. Ct. (Must petition for writ of certiorari)

• Types of Law– Common: Precedent (Policy)– Criminal– Civil

Appointment• Pres. Appoints…Confirmed by Senate• President’s Appt.:

– U.S. Attorneys, Fed. Marshalls, District Judges, Circuit Court Judges, and Supreme Ct. Justices

• Senatorial Courtesy– Pres. consult’s with a state’s senator prior to

nominating candidate– Custom for fellow senators to follow colleague– Does not really apply to Sup. Ct. Appointments, why?

http://www.auburnschools.org/ahs/wbbusbin/ap%20resources/apspring_ec.pdf

Appointments• Formal/Informal Requirements

– Ideology/Partisanship: Very Political Process– Judicial experience– Add’l Trends:

• Litmus Test on policy issues• Race, religion, white, male, region, age,

role(activist/restrained)• Vetting Process…

• FBI/ABA Analysis• Litmus Test• Confirmation Hearings (Sen. Judiciary Comm.)• Senate floor…Filibuster?

• Interest Group Influence in the process• Contribute $ to campaigns, lobby White House &

Senators, Op-ed pieces, protest, appear on tvSenate Hearings on Sotomayor

State Methods for Appointing Judges

• Popular Vote…Most Common• Governor Selects• Stage Legislature Selects…Least Common• Missouri Plan

– Combo plan– Governor picks from list made by indep. panel– Judge keeps pos. until 1st general election after appt.– Vote to be retained

Terms• Life Terms…good for democracy?• Designed to be free from public opinion…How?

– Life term, appointed, choose own docket, limited access to ct. proceedings, salaries can’t be reduced

• Yet, rarely deviates too far from public opinion? Why?– Appointment/Confirmation, judicial implementation,

impeachment, judicial legitimacy, overruled with laws, or Amendments

– Congress can change jurisdiction/# of justices

Interview with John Paul Stevens• Supreme Court Justice (1975-2010)

Colbert Nation: John Paul Stevens Interview

Supreme Court—9 JusticesProcess

1. Petition– S.C. Original Jurisdiction: state v. state; U.S. v. state;

Ambassadors/Consuls2. Conference/Discussion List3. Writ of Certiorari (Discretionary Jurisdiction)4. Rule of 4

– Solicitor General influence5. Briefs

– Detailed arguments arguing each side of case– Cite facts, legal principles, precedents– Amicus Curiae: Briefs submitted by interested parties (i.e.

interest groups…trying to influence the court’s decision 6. Oral Argument (2 week cycles)

Process Cont…• Conference

– Tentative vote & assign writing of the Opinion

• Opinion Drafts…establish precedents/guides for lower courts– Majority Opinion “law of the land”– Concurring Opinion– Dissenting Opinion– Per Curiam

• An opinion from an appellate/Supreme court that does not identify any specific judge who may have written the opinion

• Most Cases Decided on Prior Precedent– Stare Decisis: “Let the decision stand”– Vast majority of cases decided on prev. precedents

• Announce Decision

Impact of Decisions: Judicial Activism v. Restraint

• Judicial Activism v. Restraint:– Refers to the process or method a judge uses to reach a particular decision, not to the

political ramifications of the decision

• Activist (Judicial Activism)– Strike down/alter acts & overturn previous rulings– Influence policy– Defense: merely fulfilling courts job in system of checks/balance– Correct injustices; Loose interpretation of Const.– More likely support affirmative action; reproductive rights; equal protection

• Restrained (Judicial Restraint)– “The Constitution is not an empty bottle……it is like a statute, and the meaning doesn’t

change.” –Antonin Scalia

• Strict Constructionist– Use precedent & “framers intent” to decide case– Isn’t court’s job to make policy; defer to other 2 branches

Judicial Activism or Restraint

• Plessey v. Ferguson• Brown v. Board of Educ.• Roe v. Wade• Bush v. Gore• Texas v. Johnson

Court Docket

• Cases more likely to be heard if…– Court decision conflicts with precedent– Ct. of appeals decision that conflicts with another

court of appeals decision– Inconsistency between the courts of different

states– Split decision in court of appeals

Court Docket

• Political Questions: Doctrine developed by federal courts and used as means to avoid deciding some cases– Principally those involving conflicts between

President and Congress

• More likely to void state and local laws than federal laws

VOTING RIGHTS ACT• Bans Literacy Tests• Prohibits any voting practice that has a

discriminatory effect• Extensive Federal Oversight of Elections• Judicial Preclearance

– States with a history of discriminatory voting practices must get approval from Justice Department before implementing new election laws

– Does provide bail-out provision

Voting Rights Act: Daily Show

Key Figures in the Justice Department

• Chief Justice– Presides over Supreme Court cases– Determines which decisions will be discussed in conference– If C.J. in the majority, they get to choose who writes the majority

opinion…very important…why?

• Attorney General– Head of the Department of Justice

• Solicitor General– Person appointed to represent the federal government of U.S.

before the Supreme Court.– Large role influencing which cases heard by supreme court

Supreme Court & Civil Liberties/Civil Rights 2013

• PBS Newshour: Wed. 10/31• http://www.pbs.org/newshour/bb/law/jan-june13/scotus_02-26.html

• http://www.pbs.org/newshour/bb/law/jan-june13/votingrights2_02-27.html• http://www.pbs.org/newshour/bb/law/jan-june13/votingrights1_02-27.html

• http://www.pbs.org/newshour/bb/law/jan-june13/scotus_03-18.html• http://www.pbs.org/newshour/rundown/2013/02/the-voting-rights-act-and-the-road-ahead.ht

ml• http://www.pbs.org/newshour/bb/law/july-dec12/scotus_12-07.html

• http://www.pbs.org/newshour/rundown/2012/12/senate-democrats-set-stage-for-supreme-court-defense-of-voting-rights-act-provision.html

– http://www.colbertnation.com/the-colbert-report-videos/424438/march-06-2013/voting-rights-act

– http://www.colbertnation.com/the-colbert-report-videos/424439/march-06-2013/voting-rights-act---julian-bond