the judiciary. article iii of the u.s. constitution constitutional courts: district, appeals,...

THE JUDICIARY

THE JUDICIARY

ARTICLE III of the U.S. Constitution

Constitutional Courts: District, Appeals, Special

Legislative Courts: Limited, Special

THE JUDICIARY

LEGISLATIVE CHECKS Approval Impeachment Amendment Reenactment Jurisdiction

THE JUDICIARY ~ THE FEDERAL SYSTEM

US DISTRICT COURTS (94) ONLY ORIGINAL JURISDICTION: Federal crimes; Federal

civil suits; Civil suits between citizens of different states (>$75K); Maritime disputes; Bankruptcy; Review Federal agencies; Congressional assignments

US COURTS OF APPEALS (11) ONLY APPELLATE JURISDICTION

US SUPREME COURT (1) APPELLATE JURISDICTION FROM THE ABOVE ORIGINAL JURISDICTION: 2 or more states; the US and

a state; Foreign diplomats; State vs. another state’s citizen

THE JUDICIARY ~ SELECTION PROCESS

STRICT / LOOSE CONSTRUCTIONISM (That’s Restraint / Activism to Wilson)

“SENATORIAL COURTESY”

LITMUS TEST

THE JUDICIARY

LATIN CLASS Writ of Habeas Corpus Writ of Mandamus Writ of Certiorari Amicus Curiae [brief] in forma pauperis Stare Decisis

THE JUDICIARY ~ VOCABULARY

JURISDICTION Original or Appellate

STANDING Real and Harmful; Citizenship questions

CIVIL OR CRIMINAL CLASS ACTION

THE JUDICIARY ~ VOCABULARY

JURY TRIALS Grand and Petit

BRIEF DEFENDANT – PLAINTIFF

Fee Shifting SOVEREIGN IMMUNITY VERDICT

THE JUDICIARY ~ DECISION TIME

PRECEDENT

OPINION Majority Concurring and Dissenting

REMEDY

THE JUDICIARY ~ THE SUPREMES

CHIEF JUSTICES John Jay John Marshall Roger Taney William H. Taft Charles E. Hughes Earl Warren

THE JUDICIARY ~ THE SUPREMES

“NINE OLD MEN” Number has varied “Court-packing plan”

JUDICIAL REVIEW Marbury v. Madison The “Rule of 4”

36-week session

THE JUDICIARY ~ THE SUPREMESJUSTICE NOMINATO

RBIRTH SEATE

DBLOC

Antonin Scalia Reagan 3-11-36

9-26-86 C

Anthony Kennedy GHW Bush 7-23-36

2-18-88 S

Clarence Thomas GHW Bush 6-23-48

10-23-91

C

Ruth B Ginsberg Clinton 3-15-33

8-10-93 L

Stephen Breyer Clinton 8-15-38

8-3-94 L

*John Roberts* GW Bush 1-27-55

9-29-05 C

Samuel Alito GW Bush 4-1-50 1-31-06 C

Sonya Sotomayor Obama 6-25-54

8-8-09 L

Elena Kagan Obama 4-28-60

8-7-10 L

THE JUDICIARY ~ BASIC TRENDS

From 1900-1950, most overturned laws were Economic (peak 1920)

From 1950-1990, most were Civil Liberties (peak 1970)

Lately, not too many have been

RECENT TRENDS School Integration Limits on Police Actions Freedom of Expression

THE JUDICIARY

Is the appointment political? Partisanship Most now are former judges Term may be partisan

THE JUDICIARY

How do we feel about lifetime appointments? Avg. during Washington’s time was 7 years Avg. during Jackson’s time was 20 years Current court Avg. 16 years

But 4 have 10 years or less 4 have 20 or more years

What about the “youth factor”?