Notes on the Role of the Judiciary in the Constitutional ...
THE JUDICIARY. STRUCTURE – Federal Courts TWO KINDS OF COURTS 1. CONSTITUTIONAL COURTS 2....
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Transcript of THE JUDICIARY. STRUCTURE – Federal Courts TWO KINDS OF COURTS 1. CONSTITUTIONAL COURTS 2....
STRUCTURE – Federal Courts TWO KINDS OF COURTS 1. CONSTITUTIONAL
COURTS 2. LEGISLATIVE COURTS or
special courts
Basic Information
1. Only court specifically created by the Constitution
2. Nine Justices – not a set number A. Chief Justice B. 8 Associate Justices
Key Terms
Writ of certiorari – cert “made more certain” If four justices agree to hear a case, cert is issued
and the case is scheduled for a hearing
Key Terms
Amicus curiae- “a friend of the court”These are briefs filed by persons or groups who are not
actually parties to a case – have a substantial interest in the outcome
Stare decisis- “let the decision stand”
The practice of basing judicial decisions on precedents established in similar cases decided in the past
1. The Role of the Federal Courts Only in the U.S. do judges play a role in
policy-making Judicial review: federal courts rule on the
constitutionality of laws and executive actions Controversy is over how the Constitution should
be interpreted
BACKGROUND OF JUDGES & JUSTICES
Constitution no special requirement Lawyers, white, judge or prosecutor, in
partisan politics Justices of the Supreme Court = Mr.
WASP
3. The Supreme Court at work 1. Briefs - written documents presented to the
justices before oral arguments Amicus curiae- Solicitor general – decides which cases the government
will appeal 2. Oral arguments –
lawyers present, they have 30 minutes 3. Conference – consider the cases in which they
have heard & appeals
3. Conference – consider the cases in which they have heard & appeals Role of Chief Justice Selection of opinion writer Opinion of the court – majority opinion Concurring opinion Dissenting opinion
4. POWER OF THE COURTS
POWER TO MAKE POLICY Most cases have little or nothing to do with
changes in public policy Make policy whenever they reinterpret the law
or the Constitution Use stare decisis – the principle of precedent Remedy –correct a situation that a judge
believes to be wrong
5. Views of Judicial Activism
Supporters – correct injustices of other branches the last resort for those without the power or
influence
Critics – not accountable because judges are not elected
6. Checks on Judicial Power
1. Executive branch and/or state government’s must enforce policy
2. To use the courts to influence public policy, one has to get to court. – Cost is high
3. Senate confirmation 4. Impeachment 5. Amending the Constitution
Questions based on reading “How the Supreme Court Arrives at Decisions” Is Brennan an activist or a strict
constructionist judge? Explain.