The Judicial Branch

United States v other nations Only in the U.S. do judges play such a

large role in _______________. ________________- the right of federal

courts to rule on the constitutionality of laws and executive actions.

It’s the #1 judicial weapon in the checks and balances system.

How to interpret the Constitution? There is much debate on how the

Constitution should be interpreted: 1) _______________________- judges

are bound by the wording of Constitution. (narrowly interpret)

2) ____________- judges should look to the underlying principles of the Constitution. (broadly interpret).

Precedents Definition- When judges rule on cases

by using the decisions of previous judges.

Also known as __________________- “Let the decision stand.”

The History of the Federal Judiciary Most founders probably expected judicial

review but did not anticipate the courts to have such a large role in policy-making.

Hamilton - Federalist #78- the ____________ of judges is essential to a democracy.

He believed the courts to be the least dangerous of the three branches.

National Supremacy and Slavery 1789-1861 Marbury v Madison (1803) McCulloch v. Maryland (1819) Gibbons v. Ogden (1824)- interstate

___________________ strengthened (under authority of federal government).

Dred Scott v. Sanford (1857)- Blacks could not become free citizens of the U.S.

Government & the Economy 1865-1936 Dominant issue: Could the federal

government _________________________? Private property protected by the 14th

amendment. Narrow interpretation of _____ and ______

amendments in relation to blacks allowing segregation (Plessy v Feruson (1896), excluded blacks from voting in many states.

Government & political liberty (1936-present) Court establishes tradition of deferring to the

legislature in economic regulation cases. Courts shift attention to _________________

as is active in defining rights. _______________- liberal protection of rights

and liberties against government trespass. 1992- Court rules that states have the right to

resist some federal action.

Federal Courts Structure Two kinds of federal courts were created by

Congress to handle cases that the Supreme Court does not need to decide.

1) __________________________- exercise judicial powers found in Article III Judges serve for life, with good behavior Salaries not reduced while in office Appointed by prez, confirmed by Senate

Constitutional Courts District Courts- (_____)-

At least 1 in each state Trial courts of the federal system Single judge and jury present.

Circuit Court of Appeals (____)

appellate court

located regionally

panel of 3 judges

Circuit Court of Appeals Decisions appealed to the US Supreme

Court. Over 8000 decisions get appealed in a

calendar year. Most get denied. When this happens, the

decision is ________ back to the lower court, which means the circuit court decision stands.

Circuit Court decisions are usually the court of __________________ for most cases.

Selecting Judges All constitutional court judges are

nominated by the _____________ and confirmed by the ______________, on recommendation from the Senate Judiciary Committee.

_________________ usually employed for district judges.

The Litmus Test Presidents seek judges who share an

ideology similar to their own. Greatest impact on court decisions is

____________________. Litmus test during Reagan/Bush

administrations was ___________.

Jurisdiction of Courts Dual court system- state courts and federal

courts have their own ________________. Federal cases listed in Article III and the 11th

Amendment. Federal question cases: involving US

Constitution, federal law and treaties. Also cases involving different __________ or

______________ of different states.

Federal or State Court? Some cases can be tried at either level. Example: if both federal and state laws

have been broken. (_______________) State cases can sometimes be

appealed to the Supreme Court….a ___________ question must be raised.

Route to the Supreme Court

Most federal cases begin in district court, then are appealed to circuit court.

Supreme Court picks which cases it wants to hear. ___________- 4 justices agree to hear case, then issue a writ of certiorari

Usually pick cases that deal with: 1) significant federal or __________ question 2) conflicting decisions by circuit courts 3) constitutional interpretation by a high state

court, about state or federal law.

Going Supreme!! About 8000 requests for certiorari are

submitted, the Supreme Court usually limits its _____________ to no more than 100 cases in a year.

The Supreme Court sometimes hears cases on ______________ jurisdiction:

1) when a foreign ambassador is named in a case

2) when a state is named in a case 3) when maritime/_________ law is involved.

Supreme Court in Action Each side has an 1/2 hour for oral

arguments, including interruptions for questions by justices.

Briefs are submitted by each side and friends of the court – ______________ briefs.

Solicitor general- ________ justice

Conference Procedures Judges meet in chambers. Chief Justice speaks ______, votes _______ Selection of opinion writer Types of opinions: 1) per curiam- brief and unsigned 2) majority opinion- official decision 3) _______________ opinion- agree, but for

different reason 4) Dissenting opinion- minority opinion.

Checks on Judicial power Congress: 1) _____________ and impeachment 2) change the number of judges 3) changing jurisdiction of courts 4) revising legislation 5) ______________ the Constitution

Public Opinion and the Courts Judges do not follow ______________. However, over time if public opinion is

consistent, judges will adapt laws to _________ public opinion.