Chapter 14: The Judiciary

A More Perfect Union 1/e

The Judiciary

• The Origins of the U.S. Judiciary

– The Constitution and the Judiciary Act of

1789: Establishing the Supreme Court and

the Federal District Courts

–Marbury v. Madison and the Principle of

Judicial Review

– The Judiciary Act of 1891: Expanding the

Federal Courts

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 2

The Judiciary

• The Basis of U.S. Law

– The Language of U.S. Law

– Common Law

• Historical Basis of Common Law

• The Principle of Stare Decisis

– Code Law

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 3

The Judiciary

• Sources of U.S. Law

– The Federal and State Constitutions

– Statutes

– Judicial Decisions

– Executive Orders

– Administrative Law

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 4

The Judiciary

• The Federal Court System

– Jurisdiction of Federal Courts

– The Structure of Federal Courts

• Federal District Courts

• U.S. Courts of Appeals

• Special Courts

• The U.S. Supreme Court within the Federal

System

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 5

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 6

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 7

The Judiciary

• Selecting Judges for the Federal Bench

– The Senate’s Role in Appointment and

Confirmation

– Judicial Competence

– Ideology and Selection to the Bench

– Representation of Demographic Groups

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 8

The Judiciary

• The U.S. Supreme Court Today

– The Supreme Court’s Jurisdiction

– Choosing Cases for Review

– On the Docket: Considering the Case

– Meeting in Conference: The Deliberative Stage

– Deciding How to Vote: Voting Blocs on the

Court

– Writing the Opinion

– The Supreme Court Today: The Roberts Court

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 9

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 10

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 11

The Judiciary

• Judges as Policy Makers

– Activism Versus Restraint

– Competing Legal Interpretations

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 12

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 13

The Judiciary

• Checks on U.S. Courts

– The Inner Ring: Legislatures and Chief

Executives

– The Gatekeepers: Participants in the Judicial

Process

• Law Enforcers’ Checks on the Judiciary

• Interest Groups’ Checks on the Judiciary

– Intra-Court Constraints

– The Outer Ring: The Users

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 14

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 15

Chapter SixChapter Six

Pursuit of JusticePursuit of Justice

Source: Photo copyright © Michael Newman/Photo Edit Inc.

Exhibit 6Exhibit 6--11 JusticeJustice

Exhibit 6Exhibit 6--22 Civil Cases Filed in California Civil Cases Filed in California

Superior Courts 2004 (1.5 million cases)Superior Courts 2004 (1.5 million cases)

Exhibit 6Exhibit 6--33 TheThe Criminal Justice System

Source: U.S. Dept. of Justice, Bureau of Justice Statistics

Exhibit 6Exhibit 6--44 California Crime IndexCalifornia Crime Index

Source: Office of the California Attorney General

Exhibit 6Exhibit 6--55 Criminal Cases Filed in California Criminal Cases Filed in California

Superior Courts 2004Superior Courts 2004--2005 (7.4 million cases)2005 (7.4 million cases)

Exhibit 6Exhibit 6--66 California Crime, Arrests, California Crime, Arrests,

Convictions, & Incarcerations Indexed to 1980Convictions, & Incarcerations Indexed to 1980