Supreme Court – how different from other branches? Way of reaching decisions Mode of selection...

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How does the Court work? Appellate and Original Jurisdiction Writ of certiorari How decides which cases to accept: Conflict between federal appeals courts Conflict between federal appeals court and state supreme court Conflict between state supreme courts Conflict between state or federal appeals court and previous Supreme Court decision or lower court has decided an important question

Transcript of Supreme Court – how different from other branches? Way of reaching decisions Mode of selection...

Page 1: Supreme Court – how different from other branches? Way of reaching decisions Mode of selection Federal district courts Federal courts of appeal.
Page 2: Supreme Court – how different from other branches? Way of reaching decisions Mode of selection Federal district courts Federal courts of appeal.

Supreme Court – how different from other branches?•Way of reaching decisions•Mode of selection

•Federal district courts•Federal courts of appeal

Page 3: Supreme Court – how different from other branches? Way of reaching decisions Mode of selection Federal district courts Federal courts of appeal.

How does the Court work?• Appellate and Original Jurisdiction•Writ of certiorari• How decides which cases to accept:• Conflict between federal appeals courts• Conflict between federal appeals court and state supreme

court• Conflict between state supreme courts• Conflict between state or federal appeals court and

previous Supreme Court decision or lower court has decided an important question

Page 4: Supreme Court – how different from other branches? Way of reaching decisions Mode of selection Federal district courts Federal courts of appeal.

Selection of Supreme Court justices•Nominated by president, confirmed by simple

majority of senators

Page 5: Supreme Court – how different from other branches? Way of reaching decisions Mode of selection Federal district courts Federal courts of appeal.

Judicial review – why so controversial?• Judicial restraint • Judicial activism

• Three theories of constitutional interpretation (text)•Original intent theory• Living constitution theory•Plain meaning theory

Page 6: Supreme Court – how different from other branches? Way of reaching decisions Mode of selection Federal district courts Federal courts of appeal.

How powerful is the Court?•Robert Dahl 1957 – part of the “dominant national alliance” – acts in accordance with other national elites•Gerald Rosenberg, author of “Hollow Hope” – Court can’t unilaterally make/force change in social policy, e.g. civil rights, women’s rights


33 lower federal courts

33 lower federal courts

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