Judiciary ppt

Copyright 2009 Pearson Education, Inc.,Publishing as Longman

LongmanPoliticalScienceInteracti

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Magleby & LightGovernment by the People

Chapter 14The Judiciary:

The Balancing Branch


The Supreme Court’s Shift

to the RightWhen Sandra Day O’Connor retired from the Supreme Court, a pivotal swing vote disappearedGeorge W. Bush’s appointments of Samuel Alito and John Roberts shifted the Court to the rightExample: 2007 decision to strike down as unconstitutional the use of race in assigning pupils to individual public schools


Understanding the Federal Judiciary

The Framers viewed the federal judiciary as an important check against Congress and the presidentBut the judiciary has no influence over the “sword” or the “purse”Judicial power is ensured via:– Insulation from public opinion – Insulation from the rest of government


Judicial Review

The power of a court to refuse to enforce a law or government regulation that, in the opinion of the judges, conflicts with the U.S. Constitution or, in a state court, the state constitutionOnly a constitutional amendment or a later Supreme Court can modify the Court’s decisions


Adversary System

The Adversarial System

Judges serve as relatively passive

and detached referees who do not argue with attorneys or

challenge evidence

The Inquisitorial System

Judges take an active role in discovering and

evaluating evidence, will

question witnesses, and intervene as

deemed necessary


Adversary System

Court of law is a neutral arena where two parties argue their differences

The federal government brings criminal cases

The federal judiciary decides the cases


Types of Legal Disputes

Criminal Law– Crimes against the public order

– Liberty is at stake

– Right to government-provided attorneys

– Right to trial by jury

Civil law– Relations between individuals, and their legal rights

– Typically monetary punishment


The Scope of Judicial Power

Judicial power is passive and reactive

Power only to decide justiciable disputes– Harm must have been done– Case must be ripe– Case cannot be moot– Case cannot be political


Prosecuting Cases

U.S. Department of Justice– Led by attorney general– Assisted by solicitor general– Provides public defenders


Types of Federal CourtsArticle III

(Constitutional)Versus

Article I (Legislative)Courts

Original Jurisdiction

The authority of a court to hear a case

“in the first instance”

Appellate Jurisdiction

The authority of a court to review

decisions made by lower courts


Level One: District Courts

District courts hear nearly 258,000 civil cases and more than 68,000 criminal cases annually

Use both grand juries and petit juries

District judges are appointed by the president, subject to confirmation by the Senate, and hold office for life


Level Two: Circuit Courts of

AppealsThe 11 U.S. Judicial Circuits


Level Three:The Supreme Court


Judicial Federalism: State and Federal Courts

Dual court system

Two court systems, state and federal, exist and operate at the same time

in the same geographic areas


The Politics of Appointing

Federal JudgesNo Constitutional requirements


Making the Initial Choices

Article II:--President has power to appoint--Senate has power of advice and consent Senatorial courtesy

Chief Justice John Roberts (far

right) congratulates Justice Samuel

A. Alito, Jr. at his swearing-in

ceremony as a new member of the

Supreme Court


Senate Advice and Consent

Senate Confirmation Hearings

Except for Robert Bork, most judicial nominees have refused to answer questions that might reveal how they would decide a

case


The Role of Party, Race, and Gender

Since FDR, only 10 percent of judicial appointments have gone to candidates of the opposition partyJimmy Carter brought increased diversity to the lower courtsRonald Reagan appointed fewer minorities, but was the first to appoint a woman to the Supreme CourtNearly 50 percent of Bill Clinton’s appointees were women and minoritiesRoughly 32 percent of George W. Bush’s nominees have been women and minorities


The Role of Judicial Philosophy


Reform of the Selection Process

The lengthy and embattled confirmation hearings of

Robert Bork (1987) and Clarence Thomas (1991) led

many to ask if the confirmation process was in need of reform


How Do Cases Rise to the Supreme Court?


The Eight Steps to Judgment

Reviewing appeals– Writ of certiorari– In forma pauperis– Docket

Granting the appealBriefing the case– Amicus curiae briefs

Holding the oral argument

Meeting in conferenceExplaining the decision– Opinions of the Court

– Dissenting opinion– Concurring opinion

Writing the opinionReleasing the opinion


The Supreme Court Docket


Influences on Supreme Court Decisions: The

Chief JusticeAppointed by the president upon confirmation by the Senate

Responsible for assigning judges to committees, responding to proposed legislation that affects the judiciary, and delivering the annual Report on the State of the Judiciary Former Chief Justice William H.

Rehnquist


Influences on Supreme Court Decisions: Law

ClerksChosen by each justiceIncreased number over time, leading to longer and more elaborate opinionsDebate over how much influence on Court decisions


Influences on Supreme Court Decisions: The Solicitor General

Represents the federal government before the Supreme CourtFiles amicus curiae briefs in cases in which the federal government is not a party


Influences on Supreme Court Decisions:

Citizens and Interested PartiesAlso may file amicus curiae

briefsIncreasingly used to counter the positions of the solicitor general and the government


After the Court Decides

Sometimes remands the caseUncertain effect on individuals who are not immediate parties to the suitDecisions are sometimes ignoredDifficult to implement decisions requiring the cooperation of large numbers of officials


Limits on Judicial Action:

Adherence to Precedent

Stare DecisisThe rule of precedent, whereby a rule or

law contained in a judicial decision is commonly viewed as binding on

judges whenever the same question is presented


Limits on Judicial Action:

Congress and the President

Changing the numbers

Changing the jurisdiction


Debating the Proper Role of the Courts

An independent judiciary is a hallmark of a constitutional democracy and a free societyYet, judicial independence is often criticized when judges make unpopular decisions

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