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