shea chapter 9
TRANSCRIPT
9The Judiciary
Video: The Big Picture 9
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Video: The Basics 9
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Court Structure and Processes
Trial Courts
Appellate Courts
The U.S. Supreme Court
9.1
Trial Courts
Dual court system Criminal prosecution Civil lawsuits Jury trial
Original jurisdiction Settlements and plea bargains
9.1
TABLE 9.1A: Structure of the American court system
9.1
TABLE 9.1B: Paths to the U.S. Supreme Court for criminal and civil cases in state and federal court systems
9.1
Appellate Courts
Appellate courts Courts of last resort No jury trials
Majority opinion Concurring and dissenting opinions
9.1
9.1Actor Mel Gibson
FIGURE 9.1: Geographic jurisdiction of federal courts
9.1
The U.S. Supreme Court
Writ of certiorari Justices choose the cases Appellate briefs and oral arguments Conference and vote
Majority opinion Concurring and dissenting opinions
9.1
TABLE 9.2: Supreme Court Justices 9.1
Supreme Court Justice Sonia Sotomayor
9.1
9.1 All of the following are part of the appellate court process except:
9.1
a. Appellate briefs
b. Jury trials
c. Oral arguments
d. Lower court review
9.1 All of the following are part of the appellate court process except:
9.1
a. Appellate briefs
b. Jury trials
c. Oral arguments
d. Lower court review
The Power of American Judges
Constitutional and Statutory Interpretation
Judicial Review
Federal Judges’ Protected Tenure
9.2
Alexander Hamilton 9.2
Constitutional and Statutory Interpretation
Statutes May need interpretation
“Cruel and unusual punishments” What does that mean?
Political battles over judge nominations Arise given judges’ interpretive authority
9.2
Judicial Review
Marbury v. Madison Established judicial review
Judiciary Act of 1789 Designed the federal court system
Writ of mandamus Order by the court
9.2
TABLE 9.3: Judicial Review 9.2
Chief Justice John Marshall 9.2
Federal Judges’ Protected Tenure
Impeachment Generally removed only for criminal activity
Court-packing plan FDR’s attempt to influence the judiciary
9.2
Video: In Context
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9.2
FIGURE 9.2: U.S. Supreme Court justices’ length of service and age
9.2
9.2 What did the case Marbury v. Madison establish?
9.2
a. “Cruel and unusual punishments”
b. Judicial review
c. Certain sections of the Judiciary Act of 1789
d. Writs of mandamus
9.2 What did the case Marbury v. Madison establish?
9.2
a. “Cruel and unusual punishments”
b. Judicial review
c. Certain sections of the Judiciary Act of 1789
d. Writs of mandamus
Judicial Selection
Judicial Selection in the Federal System
Judicial Selection in the States
9.3
Confirmation process President appoints, Senate confirms Senatorial courtesy Filibuster
Judicial Selection in the Federal System
9.3
Partisan elections
Nonpartisan elections
Gubernatorial or Legislative appointment
Judicial Selection in the States
9.3
TABLE 9.4: Primary methods of initial judicial selection for state judges
9.3
9.3 Where is the first hearing held for a nominee for a federal judgeship?
9.3
a. Senate Rules Committee
b. Senate Judiciary Committee
c. Senate Floor
d. Conference Committee
9.3 Where is the first hearing held for a nominee for a federal judgeship?
9.3
a. Senate Rules Committee
b. Senate Judiciary Committee
c. Senate Floor
d. Conference Committee
Judicial Decision-Making
Decision-Making and Case Precedent
Political Science and Judicial Decision-Making
9.4
Decision-Making and Case Precedent
Case precedent
Original intent What did the framers intend?
Flexible interpretation What do the words mean in light of current values?
9.4
Justice Antonin Scalia 9.4
Justice Anthony Kennedy 9.4
Political Science and Judicial Decision-Making
Legal model Justices follow theories and consider precedents
Attitudinal model Opinions driven by attitudes and values
Strategic voting vodel Advancing a specific goal
9.4
Video: Thinking Like a Political Scientist
9.4
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Justice Elena Kagen 9.4
9.4 When Supreme Court justices weigh theory and precedent, they are following this concept:
9.4
a. Attitudinal model
b. Strategic voting model
c. Legal model
d. New institutionalism
9.4 When Supreme Court justices weigh theory and precedent, they are following this concept:
9.4
a. Attitudinal model
b. Strategic voting model
c. Legal model
d. New institutionalism
Explore the Simulation: You Are a Supreme Court Clerk
9.4
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Explore the Judiciary: Who Are the Activist Judges?
9.4
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Action in the Court Pathway
Interest Group Litigation
Elements of Strategy
9.5
Interest Group Litigation
Expertise Requires attorneys who know the law
Litigation resources Lawyers who work pro bono
9.5
FIGURE 9.3: Policy-shaping litigation on the University of Michigan affirmative action cases
9.5
Elements of Strategy
Selection of cases
Choice of jurisdiction
Framing the arguments
Public relations and the political environment
9.5
Activists protesting outside the Supreme Court
9.5
Video: In the Real World 9.5
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9.5 Which of these is an important strategic consideration for special interest groups?
9.5
a. Selection of cases
b. Choice of jurisdiction
c. Framing the argument
d. All of the above
9.5 Which of these is an important strategic consideration for special interest groups?
9.5
a. Selection of cases
b. Choice of jurisdiction
c. Framing the argument
d. All of the above
Implementation and Impact of Court Decisions
Watergate
Cherokee removal
Brown v. Board of Education
9.6
9.6 What do Watergate, Brown v. Board of Education and the Cherokee removal cases illustrate?
9.6
a. The power of the Supreme Court
b. The policy-shaping role of the Supreme Court
c. The reliance of the Supreme Court on public and executive branch cooperation to enforce its rulings
d. The need for judicial activism
9.6 What do Watergate, Brown v. Board of Education and the Cherokee removal cases illustrate?
9.6
a. The power of the Supreme Court
b. The policy-shaping role of the Supreme Court
c. The reliance of the Supreme Court on public and executive branch cooperation to enforce its rulings
d. The need for judicial activism
Judicial Policymaking and Democracy
Life-tenure of federal judges
Majority rule
Protection of rights for individuals
9.7
The U.S. Supreme Court 9.7
9.7 The Constitution positions federal judges to do what?
9.7
a. Protect constitutional rights
b. Temper majority rule
c. Review laws for constitutionality
d. All of the above
9.7 The Constitution positions federal judges to do what?
9.7
a. Protect constitutional rights
b. Temper majority rule
c. Review laws for constitutionality
d. All of the above
Discussion Question
How does the Supreme Court set policy? Should policy-making be left to Congress and the executive branch? Why or why not?
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Video: So What?
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