The Judicial Branch

AP Government Chapter 16

Judges

Strict Constructionists

Only interpret the Constitution when asked

ActivistsStudy the

ConstitutionActively find

issues/cases and rule on them

Know your M & M’s

Marbury v Marbury v MadisonMadison

Midnight judgesPower of the US

Supreme Court

McCulloch v McCulloch v MarylandMaryland

Judicial reviewSupremacy

Clause

The Dred Scott Decision

Slavery and the Supremacy Clause

A slave in a free state is free?

Federal laws above state lawsA slave is property

Characteristics of the US Court system

A Dual Court system

Can be altered by Congress

(# of courts/ judges)

Federal Courts

State Courts

Jurisdiction

The Court you go to is determined by…

Parties involved, topic, subject matter

Types of Jurisdiction

Original

Appellate

Concurrent

Exclusive

Get a Job….

Judges are selected by the President

Senatorial courtesyLitmus testsConfirmed by the SenateMost have the job for lifeMost have the job for lifeSome special courts have termsSome special courts have terms

Special/Constitutional Courts

2 kinds of Federal Courts

Constitutional—in the Const.

Special—Created by Congress

Some Examples of Courts

Special Special

Territorial Courts

DC Courts

Veteran’s Courts

ConstitutionalConstitutional

94 District

12 District Appeals

Military Courts

International Trade

Federal Court System

Page 449US Supreme

Court

State SupremeCourts

US AppealsCourts

Military Appeals

4 Era’s of the US Supreme Court

1800 1900 1968________________________________________

1860 1930 1990

1800-1860 Internal/Governmental questions

1860-1920 Economy/Labor/Business1930-1968 Social questions1990-Today States rights

The US Supreme Court Process

Outline/Define the steps

1. # of cases/year

2. # of Justices to get the case

3. Certiorari/Certificate

4. Standing/Sovereign immunity

Process continued

5. Class-action suits/in forma pauperis

6. Briefs/Amicus7. Oral Arguments8. The conference/vote9. The opinion/decision

(Precedents)

Impact of Decisions

Some are quick-no brainers

(stare decisis)Influence policies (Plessey-

Brown)Can make great changes (459)

Legislation

Purposely vague to allow for interpretation

Ex- The New Deal

Checks and Balances

ExecutiveSelect judges(senatorial

courtesy)

Legislative Create courtsAlter # of JudgesImpeachmentMake lawsApprove

appointments

Policy/Public Influence

It is inevitable that the decisions of the courts will impact policy

Public opinion influence is minimal because they are in office for life

Generally more active creating policy today