The Judiciary

2. 9 The Judiciary

3. Video: The Big Picture 9 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/OConner_Ch09_The_Judiciary_Seg1_v2.html

4. 9 Learning Objectives Trace the development of the federal judiciary and the origins of judicial review 9.1 Explain the organization of the federal court system 9.2

5. 9 Learning Objectives Outline the criteria and process used to select federal court judges 9.3 Evaluate the Supreme Court’s process for accepting, hearing, and deciding cases 9.4

6. 9 Learning Objectives Analyze the factors that influence judicial decision making 9.5 Assess the role of the Supreme Court in the policy-making process 9.6

7. Video: The Basics 9 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_Judiciary_v2.html

8. 9.1 Roots of the Federal Judiciary • The Judiciary Act of 1789 and the Creation of the Federal Judiciary • The Marshall Court: Marbury v. Madison and Judicial Review

9. 9.1 TABLE 9.1: What kinds of cases does the U.S. Supreme Court hear?

10. Three Tier Structure Federal District Court Circuit Courts (Courts of Appeal) Supreme Court Rocky beginning for Supreme Court 9.1 The Judiciary Act of 1789 and Creation of the Federal Judiciary

11. Dual Court System

12. 9.2 FIGURE 9.1: How is the American Judicial System Structured?

13. 9.2 FIGURE 9.2: What are the boundaries of federal district courts and courts of appeals?

14. John Marshall’s tenure: 1801-1835 Opinions from the Court, rather than individual justices McCulloch v. Maryland (1819) Broad interpretation of “necessary and proper” clause Marbury v. Madison (1803) Established Judicial Review 9.1 The Marshall Court: Marbury v. Madison and Judicial Review

15. Video: In Context 9.1 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg3_Judiciary_v2.html

16. 9.1 Chief Justice John Marshall

17. Jurisdiction - The authority of a court to hear and decide cases. Reviews cases from U.S. Courts of Appeal and state supreme courts Members Eight associate justices and one chief justice Precedent Rules are binding throughout the nation Stare decisis 9.2 The Supreme Court

20. Federalist No. 78 Alexander Hamilton penned in the Federalist # 78 that the judiciary would be the “least dangerous branch of government. It lacked the teeth of both the other branches of government; it had neither the power of the sword nor the power of the purse.” Today the federal courts are very powerful. Nevertheless, the courts still have two basic limitations: they have neither the power of the purse, nor the of the sword. The court cannot fund or implement programs nor can it force compliance with its rulings.

21. The Constitution and the National Judiciary • Article III of the Constitution establishes: • a Supreme Court in which the judicial power of the United States is vested • life tenure or 'good behavior' for judges • judges receive compensation that cannot be diminished during their service such inferior courts as Congress may choose to establish the original jurisdiction of the Supreme Court • The intent of Article III was to remedy the failings of the Articles of Confederation which left judicial matters to the states.

22. Chief Justice • John Roberts (born January 27, 1957) is the seventeenth Chief Justice of the United States. Roberts previously was a judge, spent 14 years in private law practice and held positions in Republican administrations in the Department of Justice and White House Counsel.

23. 9.3 How Federal Court Judges Are Selected • Who Are Federal Judges? • Nomination Criteria • The Confirmation Process • Appointments to the U.S. Supreme Court

24. 9.3 TABLE 9.2: How does a president affect the federal judiciary?

25. Background Generally have held other judicial jobs Active in politics Diversity growing Rewards 9.3 Who Are Federal Judges?

26. No constitutional qualifications Competence Experience Most nominees have legal experience Ideology and Religion Presidents try to pick like-minded nominees Pursuit of Political Support Nominees can garner approval from constituencies that haven’t been supportive Race and Gender Recent Efforts to diversify 9.3 Nomination Criteria

27. 9.3 TABLE 9.3: Who are the Justices of the Supreme Court in 2012?

28. Investigation, ABA, Justice Personal and professional background Lobbying by Interest Groups They don’t stay silent, Amicus Curae Senate Committee Hearings Followed by Senate vote 9.3 The Confirmation Process and Appointments to the U.S. Supreme Court

29. President Dept. of Justice Senators ABA Interest Groups Senate Jud. Comm. Senate

30. Litmus Test • The political litmus test is often used when appointing judges. However, this test to determine the political attitude of a nominee is not without error. Supreme Court Chief Justice Earl Warren was appointed under the impression that he was conservative but his tenure was marked by liberal dissents. Today, the litmus test is used along with other methods such as past voting records when selecting political candidates. • Obama added, "I don't have litmus tests around any of these issues. But I will say that I want somebody who is going to be interpreting our Constitution in a way that takes into account individual rights, including women's rights. That is something that is going to be very important to me.“

31. 9.3 TABLE 9.4: How Many Interest Groups Submit Testimony to the Senate Judiciary Committee?

32. 9.3 What role does the Senate Judiciary Committee play in the judicial nomination process?

33. 9.4 The Supreme Court Today • Deciding to Hear a Case • How Does a Case Survive the Process? • Hearing and Deciding the Case

34. 9.4 TABLE 9.5: Can Americans Name the Justices of the Supreme Court?

35. 9.4 FIGURE 9.3: How Many Cases Does the Supreme Court Handle?

36. Writs of Certiorari and the Rule of Four Cases must come from from U.S. Courts of appeals or other courts of last resort Cases must involve a federal question Role of Clerks 9.4 Deciding to Hear a Case

37. 9.4 FIGURE 9.4: How Does a Case Get to the Supreme Court?

38. 9.4 Why are Supreme Court clerkships important?

39. Federal Government The Solicitor General Conflicts Among the Courts of Appeal Different interpretations Interest Group Participation Important social issues 9.4 How Does a Case Survive the Process?

40. 9.4 TABLE 9.6: Which Groups Participated as Amicus Curiae in Citizens United v. FEC (2010)?

41. Oral Arguments Questions asked and answered The Conference and the Vote Closed conferences twice a week Writing the Opinion Dissenting opinions 9.4 Hearing and Deciding the Case

42. Explore the Simulation: You Are a Supreme Court Clerk 9.4 http://media.pearsoncmg.com/long/long_longman_media_1/2013_mpsl_sim/simulation.html?simulaURL=10

43. 9.5 Judicial Philosophy and Decision Making • Judicial Philosophy, Original Intent, and Ideology • Public Opinion

44. Judicial philosophy and ideology Judicial restraint Judicial activism Strict constructionism Original intent 9.5 Judicial Philosophy, Original Intent, and Ideology

45. 9.5 Public Opinion • Can check the power of the courts • Activist periods • May consider public opinion when issuing rulings • Korematsu v. U.S. (1944) • Public confidence in Court • Has ebbed and flowed

46. 9.5 TABLE 9.7: Do Supreme Court Decisions Align with the views of the American Public?

47. Video: Thinking Like a Political Scientist 9.5 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg4_Judiciary_v2.html

48. Explore the Judiciary: Who Are the Activist Judges? 9.5 http://media.pearsoncmg.com/long/long_oconnor_mpslag_12/pex/pex9.html

49. 9.6 Toward Reform: Power, Policy Making, and the Court • Power and Policy Making • Implementing Court Decisions

50. 9.6 Power and Policy Making • Civil rights issues • Right to privacy • Equal rights for women, African Americans and other minorities • Authority of the Court