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3. Selection of Federal Judges a. Art2Sec2, Pres appoints, consent of senate.

3. Selection of Federal Judges a. Art2Sec2, Pres appoints, consent of senate. b. No const. requirements. c. Constitutional courts, serve life. d.Factors that influence President’s appointments of federal judges: 1. Party Affiliation: Usually own party.

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3. Selection of Federal Judges a. Art2Sec2, Pres appoints, consent of senate.

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  1. 3. Selection of Federal Judges • a. Art2Sec2, Pres appoints, consent of senate. • b. No const. requirements. • c. Constitutional courts, serve life.

  2. d.Factors that influence President’s appointments of federal judges: • 1. Party Affiliation: Usually own party. • 2.Judicial Philosophy: Share their point of view (activism vs. restrain). 75% of time. • 3.Senatorial Courtesy: Regional appointments, pres asks for Senators advice. Usually District Courts. • 4. Influence of American Bar Association: ABA rates qualifications of nominees. • 5. Racial, ethnic, gender, religion.

  3. 4. Background of Federal Judges • a. Almost all have legal training. Law school professors, Congressmen, attorneys. • b. 1/3 district judges were state judges. • c. Tend to be wealthier, socially prominent; considered an aristocracy. • d. Recently tried to appoint more blacks, Hispanics, and women.

  4. Sec.3: Supreme Court • A. The S.C. is the ct. of last resort in all questions of law. • 1.Supreme Court Jurisdiction • a.SC has original and appellate jurisdiction. Art3Sec2 sets orig. jurisdiction. Cases involving 1. Reps of Foreign Gov’t 2. States. Congress can’t change O.J. All other cases are appealed from the lower fed. cts. or state cts. If SC refuses to hear an appealed case, lower ct.’s ruling stands.

  5. 2. S.C. Justices • a. 9 total- 1 Chief, 8 Associates. • b.Congress has power to set # of justices serving on S.C. • 1) Judiciary Act of 1789 (6) • 2) 1837: Raised to 9 due to increase in appeals and geographical growth. • 3) 1863: Raised to 10 to give Lincoln power to deal w/ Civil War. • 4) 1866: Lowered to 7 to check Pres. Johnson. • 5) 1869: Returned to 9, remained since.

  6. c. Chief receives $217,400, Associates $208,100, Congress can’t reduce while still in office. • d. Only removed through impeachment, only happened once. Samuel Chase found not guilty in 1804.

  7. e.Duties of Justices: Not spelled out in const. but, include: • 1. Hear and rule on cases which involved 3 decision-making tasks: • a. deciding which cases to hear. • b. deciding the case itself. • c. Explaining the decision (Court’s Opinion)

  8. 2. Chief Justice also presides over Ct. while it is in session and conferences, is the Chief spokesman for the fed. ct. system, administers the S.C. building and its employees. • 3.) To assist, justices appoint Law clerks: • a) Read through all appeals and write summaries. • b) Help research cases & prepare the opinions; Are criticized for doing too much.

  9. f. Background of justices: Not representative of the general population in social class, age, race or educational background. • 3. Appointing Justices • a. Appointed by Pres. w/ advice and consent of Senate (maj vote)

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