courts 2/28/2012. clearly stated learning objectives upon completion of this course, students will...
TRANSCRIPT
Clearly Stated Learning Objectives
• Upon completion of this course, students will be able to:– understand and interpret the United States
Constitution and apply it to present policy dilemmas
– Identify and explain the role of formal institutions and their effect on policy.
– students will have a better understanding of why our national government works and why the American system of government is unique.
Office Hours and Readings
• Readings- Chapter 11 on the Courts
• Office Hours– Today- 11-2– Wednesday 10-2
The Courts in the Constitution
• Article III Section I– One supreme court
– Ability to Create others
– Tenure of office
• Article III Section 3- treason
Article III Section 2
• ambassadors and other ministers, counsels, and admiralty
• controversies between two or more states
• between citizens vs foreign citizens or states.
Federal District Courts
• The Main Trial Courts of the System
• Federal Crimes are Tried here
• The Federal Court Downtown
Court of Appeals
• can only hear appeals
• lacks original jurisdiction
• Our court is in New Orleans
How Presidents Decide
• try to appoint people like themselves (90% of all Justices come from the President's party)
• Political Factors
• the courts need to work with the president to ensure its actions are followed.
• You hope you avoid “back-stabbers”
The Senate
• Increasingly partisan since the 1980’s
• Senatorial Courtesy for Lower-Level Judges
• Temporal Forces
Justice is not Blind
• Cases Reach The court because of policy
• They can Hear anything they want (original jurisdiction)
Does My Case Have A Chance?
• No (stare decisis)
• What is Likely to Be Heard
• What they are Hearing now
Marbury vs. Madison
• Midnight Judges in 1800
• A New System of Checks and Balances
• Overturned by impeachment and amendment
Today’s Court
Left• Bader-Ginsburg (Clinton)• Breyer (Clinton)• Sotomayor (Obama)• Kagan (Obama)
Right• Scalia (Reagan)• Thomas (Bush)• Roberts (GW Bush)• Alito (GW Bush
Applying the Bill of Rights
• Barron v. Baltimore 1883
• Too Bad, the Bill of Rights only applies to actions of the Federal Government
Selective Incorporation
• Application of the 14th Amendment
• Piecemeal application of the Bill of Rights
• Gitlow vs. New York changes this (1925)