the judiciary
DESCRIPTION
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. - PowerPoint PPT PresentationTRANSCRIPT
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”?