The Courts ContinuedThe Courts Continued

Supreme CourtSupreme Court

Interpret ConstitutionInterpret Constitution

Review Review Constitutionality of Constitutionality of acts of acts of Congress/PresidentCongress/President

Review decisions Review decisions made by lower courtmade by lower court

Settle Disputes Settle Disputes between statesbetween states

Size and Scope of Federal CourtSize and Scope of Federal Court

Supreme Court-9 JusticesSupreme Court-9 Justices

Multiple lower courtsMultiple lower courts

Judges appointed by president, confirmed Judges appointed by president, confirmed by Senateby Senate

Judges Serve for life, with good behaviorJudges Serve for life, with good behavior

JurisdictionJurisdiction

Supreme CourtSupreme Court ApellateApellate

US court of AppealsUS court of AppealsHighest courts of the Highest courts of the statesstates

OriginalOriginalDisputes among statesDisputes among statesBetween state and federalBetween state and federal

US court of AppealsUS court of Appeals No Original JurisdictionNo Original Jurisdiction AppellateAppellate

Lower federal CourtsLower federal CourtsRegulatory CommissionsRegulatory Commissions

District CourtsDistrict Courts No AppellateNo Appellate OriginalOriginal

Violations of federal lawViolations of federal lawCivil suits between citizens Civil suits between citizens of different statesof different statesBankruptcyBankruptcyMaritime casesMaritime cases

Jurisdiction and Certiorari Jurisdiction and Certiorari

Jurisdiction- Authority to hear casesJurisdiction- Authority to hear cases

Local courts- Geographic/type of caseLocal courts- Geographic/type of case

Supreme court- Sets ownSupreme court- Sets own

Writ of certiorari- request for the court to order Writ of certiorari- request for the court to order up records of lower court to review caseup records of lower court to review case

Rule of FourRule of Four Does case come from appeals or highest state court?Does case come from appeals or highest state court? Is there a federal questionIs there a federal question

Supreme Court Trial ProceduresSupreme Court Trial Procedures

Certiorari Certiorari

Briefs submittedBriefs submitted Includes amicus curiaeIncludes amicus curiae

Oral ArgumentsOral Arguments

Justice’s conferenceJustice’s conference

Opinions drafted and announcedOpinions drafted and announced

Types of OpinionTypes of Opinion

MajorityMajority

ConcurringConcurring

PluralityPlurality

DissentingDissenting

Per curiumPer curium

Formulating OpinionsFormulating Opinions

Precedent-Stare Decisis Precedent-Stare Decisis

Substantive DoctrineSubstantive Doctrine

Original IntentOriginal Intent

Restraint vs. ActivismRestraint vs. Activism Brown v BoardBrown v Board RoeRoe Wyatt v StickneyWyatt v Stickney

Judges’ BeliefsJudges’ Beliefs

Public and Governmental OpinionPublic and Governmental Opinion

Eras of Judicial DecisionsEras of Judicial Decisions

Nation Vs. StateNation Vs. State

Economic RegulationEconomic Regulation

Civil Rights/Civil Liberties Civil Rights/Civil Liberties

44thth era? era? New federalism?New federalism? Administration of policy?Administration of policy?

Implementing DecisionsImplementing Decisions

Legitimacy and TraditionLegitimacy and Tradition

Perhaps easier in matters dealing with the Perhaps easier in matters dealing with the federal governmentfederal government

State CourtsState Courts

Jurisdiction over most criminal and civil Jurisdiction over most criminal and civil mattersmatters

Criminal LawCriminal Law

Civil LawCivil Law

District Courts- Original JurisdictionDistrict Courts- Original Jurisdiction

Appellate CourtsAppellate Courts

State Supreme courts interpret state State Supreme courts interpret state constitutionsconstitutions

Selection of State JudgesSelection of State Judges

Varies from State to StateVaries from State to State

MNMN District Judges (268)- Typically appointed by District Judges (268)- Typically appointed by

Gov, then run for election in next election. 6 Gov, then run for election in next election. 6 year year

Appellate- elected, 6 year termAppellate- elected, 6 year term Supreme Court (7)- Elected, 6 year termSupreme Court (7)- Elected, 6 year term

Original Intent or a Living Original Intent or a Living Constitution?Constitution?

To what extent should the Supreme Court To what extent should the Supreme Court shape policy in an area such as civil rights, shape policy in an area such as civil rights, and to what extent should policy be made and to what extent should policy be made by congress?by congress?

What are some ambiguities in What are some ambiguities in constitutional language, and what constitutional language, and what challenge does this present to the strict challenge does this present to the strict constructionalist/original intent argument?constructionalist/original intent argument?

Original Intent or a Living Original Intent or a Living Constitution?Constitution?

Is it possible to avoid introducing Is it possible to avoid introducing subjectivity into the process of subjectivity into the process of constitutional interpretation? Which side is constitutional interpretation? Which side is more likely to face challenges here?more likely to face challenges here?

What role ought public opinion or changing What role ought public opinion or changing social standards come into play in court social standards come into play in court decision making?decision making?

Original Intent or a Living Original Intent or a Living Constitution?Constitution?

Think about activities no longer allowed by Think about activities no longer allowed by the court. How would active liberty decide the court. How would active liberty decide these cases? What is the better outcome? these cases? What is the better outcome? What role should consequentialism play?What role should consequentialism play?

Is Breyer or Scalia more compelling?Is Breyer or Scalia more compelling?

For Next TimeFor Next Time

CongressCongress O’Connor and Sabato Ch 7O’Connor and Sabato Ch 7

News assignment for 3/22- Read a BlogNews assignment for 3/22- Read a Blog I will put some on the class websiteI will put some on the class website