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Ap u.s. government & politics

Ap u.s. government & politics. Wednesday , February 7, 2018. Practice fRQ #12. Scotus principles . (Continued). Another Important Principle. Precedent All legal argumentation and decision-making rests, to some extent, on previous court decisions

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Ap u.s. government & politics

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  1. Apu.s. government & politics Wednesday, February 7, 2018

  2. Practice fRQ #12

  3. Scotus principles (Continued)

  4. Another Important Principle • Precedent • All legal argumentation and decision-making rests, to some extent, on previous court decisions • Lawyers (in their briefs) and judges (in their opinions) will always cite relevant precedent(s) for every argument or conclusion that they make • Stare Decisis • Whenever possible, the justices adhere to the principle of “what is already decided” • If the Court has already decided a particular legal question, that question is generally considered to be decided for all time • BUT: at times the Court will depart from this principle • See: Plessy v. Ferguson (1896); Brown v. Board of Education (1954)

  5. Judicial Philosophies and Politics • Judicial Restraint • Deciding cases on the narrowest possible basis; • Leaving as much to the political process as possible • Virtually all judges will claim to follow this philosophy; • They will often accuse judges from different political camps of exercising: • Judicial Activism • Using judicial decisions to advance a particular political agenda; • Sometimes referred to as, “legislating from the bench”

  6. Supreme Choice Process & Politics of Presidential Nominations to the Supreme Court

  7. Political Cartoon ATitle: The Supreme Court Location Mike Keefe, The Denver Post, Oct. 6, 2004 http://cagle.slate.msn.com/politicalcartoons/

  8. Political Cartoon BTitle: Supreme Court - 31 Flavors Robert Ariail, The State, Aug. 10, 2005 http://cagle.slate.msn.com/politicalcartoons/

  9. Political Cartoon DTitle: Supreme Court Exam Jimmy Margulies, New Jersey -- The Record, Aug. 11, 2005 http://cagle.slate.msn.com/politicalcartoons/

  10. Factors That Influence Supreme Court Nominations

  11. Factors That Influence Supreme Court Nominations • Party affiliation (80% or higher) • Judicial Philosophy • “Litmus Test” - where nominees stand on controversial issues like abortion • Background of nominee (education, experience, race, gender, ethnicity, etc.) • Cultivating political support • Political favors • Interest group input • American Bar Association certification • Securing a “safe” nominee

  12. Stage 1: Presidential Nomination MEDIA Influence WHITE HOUSE REVIEW FBI Investigation Certification INTEREST GROUP Influence U.S. Supreme Court Confirmation Process Stage 2: Senate Judiciary Committee Hearing Stage 3: Full Senate Vote Stage 4: Oath of Office?

  13. U.S. Supreme Court Confirmation Process Stage 1 Presidential Nomination • White House staff reviews candidates and submits a short list to the president • FBI background investigation • Candidates submit financial disclosure forms • ABA grades candidates • Interest groups weigh in on candidates • President selects nominee

  14. U.S. Supreme Court Confirmation Process Stage 2 Senate Judiciary Committee Hearings • Senate Judiciary members and their staffs review candidate’s background (may conduct own investigation) • Interest groups may conduct campaigns for or against nominee (including TV ads) • Intense media attention to Senate hearings • Senate Judiciary Committee questions candidate on judicial philosophy, stands on key issues, etc. • Judiciary Committee votes up or down on nominee and sends recommendation to full Senate

  15. U.S. Supreme Court Confirmation Process Stage 3 Full Senate Vote • Floor debate on nominee • Confirmation vote by full Senate

  16. U.S. Supreme Court Confirmation Process Stage 4 Oath of Office • If confirmed by the Senate, nominee sworn in, usually by Chief Justice • Once on the Court, justices often make decisions on the bench very different from what the nominating President had anticipated independent judiciary

  17. Exit Ticket: Practice MCQ • The idea that judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution is known as: • a. Original intent. • b. Judicial restraint. • c. Judicial activism. • d. Judicial review. • e. Stare decisis.

  18. Op-ed: “the new court-packing plan”

  19. Homework • Textbook, Chapter 15: • Reading & Outline due Tomorrow • Vocab Quiz Tomorrow

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