chapter 14. the federal judicial system the supreme court of the united states selecting and...

Chapter 14

The Federal Judicial SystemThe Supreme Court of the United States

Selecting and deciding casesIssuing decisions and opinions

Majority Plurality Concurring Dissenting

© 2014, McGraw-Hill Education. All Rights Reserved. 2


Insert Figure 14-1Supreme Court Opinions, 1950-2010

The Federal Judicial SystemOther federal courts

U.S. district courtsU.S. courts of appealsSpecial U.S. courts

The state courtsPolitical appointmentElected judges (most common form)Merit-plan judges



Insert Figure 14-2The Federal Judicial System


Insert Figure 14-3Geographic Boundaries of U.S. Courts of Appeals

Federal Court AppointeesSupreme Court nominees

Presidents nominate those with compatible political philosophy

Nominees must be acceptable to othersVery few nominees rejected by Senate after nineteenth

century


Federal Court AppointeesLower-court nominees

Senatorial courtesyPresidents typically select members of same party

Personal backgrounds of judicial appointeesNearly all recent appointees from appellate courtsMost are white men, but diversity has increased in recent

decades



Insert Figure 14-4Political Parties, Presidents, and Women and Minority Judicial Appointees


Insert Table 14-1Justices of the Supreme Court

The Nature of Judicial Decision MakingLegal influences on judicial decisions

The facts of a caseThree main sources of law

The Constitution Legislative statutes Legal precedents



Insert Table 14-2Sources of Law That Constrain the Decisions of the Federal Judiciary

The Nature of Judicial Decision MakingPolitical influences on judicial decisions

Inside the Court: judges’ political beliefs Justices vote in line with their political attitudes Not all issues clear-cut


The Nature of Judicial Decision MakingPolitical influences on judicial decisions

Outside the Court: the public, groups, and elected officials Court cannot move too far from public opinion Interest groups Congressional legislation and presidential appointments


Judicial Power and Democratic GovernmentOriginalism theory versus living constitution theory

Originalism: determine and preserve founders’ intentLiving constitution: adaptable to changing social situation


Judicial Power and Democratic GovernmentJudicial restraint versus judicial activism

Restraint: judges should abide by precedent and legislationActivism: judges should interpret Constitution and statutes

in light of established principles when elected officials fail to do so

What is the judiciary’s proper role?


chapter 14. the federal judicial system the supreme court of the united states selecting and...

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