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CAMPBELL POL 229 - G-14: The Courts The U.S. Supreme Court

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G-14: The CourtsChapter 14- The CourtsThe Federal CourtsThe Constitution and the Federal CourtsCongress and the Federal CourtsCongress and Federal Courts (Types)Two Types of Federal Court GroupsFederal Court System (Article III) Three Tier ConfigurationFederal Court System (Article I Courts) AKA: ?_______ CourtsUS Federal Court SystemSlide 11Federal Courts as Policy MakersSlide 13Limitations on the CourtsSupreme Court as a Political InstitutionSupreme Court Ideological DirectionChief Justice of the United StatesPresidential Impact on The Supreme CourtPolitics of Nomination and ConfirmationPresidential Legacies on the Supreme CourtJudicial & Ideological LeaningsNext AssignmentDecision Making at the Supreme CourtAppeals versus Cases HeardDecision to Hear a Case- Key TermsFactors Affecting Case- Key TermFactors Affecting Court DecisionsSupreme Court Opinions- Different Types?Supreme Court OpinionsWho Wins Before the Supreme Court?The Lower Federal Courts - District CourtsCourts of AppealNomination and ConfirmationPartisan Politics of NominationsState CourtsJudicial Selection to State CourtsLength of Service for State JudgesState Laws & their varianceStates Allowing Concealed WeaponsRegulating Paramilitary GroupsNext Week’s Assignment (Week 12)Chapter 14: The Courts- KEY TERMSChapter 14: The Courts- KEY TERMS (2)Back-up SlidesLaws Declared Unconstitutional (1799-1999)The Justices’ CaseloadJustice Who Replaced Sandra Day O’ConnorG-14: The CourtsThe U.S. Supreme Court1Chapter 14- The Courts •(1). Examine roles of the Constitution & Congress in creating the Federal Courts.•(2). Discuss the structure of the Federal Court System at its various levels, including: District Courts, Courts of Appeal, and contrast original vs. appellate jurisdiction.•(3). Examine the origins of Judicial Review and the role of Marbury v. Madison.•(4). Contrast judicial activism with judicial restraint, and define stare decisis.•(5). Discuss the various limitations placed on the Federal Courts.•(6). Examine the characteristics of the Supreme Court and discuss its make up.•(7). Discuss the politics of selection, and explain how judges are nominated & confirmed.•(8). Discuss the judicial & ideological impact of Presidential appointments on the Court. •(9). Explain the decision process used by the Supreme Court to determine cases, and define & explain: Rule of four, amicus curiae, and stare decisis.•(10). Examine the different types of Supreme Court opinions, and contrast majority, concurring, and dissenting opinion, and explain how & why they are different.•(11). Analyze member voting patterns and discuss who usually wins before the Court.•(12). Examine the role of the lower Federal Courts, and discuss the key role played by the Senate during the nomination and confirmation process.•(13). Discuss the State Court system, its diverse organizations, and its judicial selection 2The Federal Courts•Judiciary: The Third Branch of Government–Joint creation of the Constitution & Congress–Courts established & abolished as required w/times (by who?)3The Constitution and the Federal Courts •Founders: independent court system crucial to success•Article III:– “judicial power … vested in one supreme Court”–also lists Court’s jurisdiction (Original vs. Appellate)•Article II: presidential appointment power => judges–With Senate’s “advice & consent” (vote to confirm?)–Congressional impeachment and removal power •Organization & structure (any blueprint details?)–Details left to who? How? –Article III’s role?4Congress and the Federal Courts •Judiciary Act of 1789–Established Chief Justice & 5 associated justices–Basic levels of Federal Court System to consist of: •Supreme Court•Circuit Courts•District Courts –Modified throughout US History=> (# of justices)•Court of Appeals Act of 1891 => established:–Supreme Court, Appeals Courts,*& District Courts*•*Number of Courts increased by Congress w/population + 5Congress and Federal Courts (Types)•Type of Federal Court depends on its source: –Those created or stemming from Article III =>•Referred to as: constitutional courts (or Article III Courts)•These Federal Court Judges appointed & confirmed for life •Federal Courts created by Congress (Article I) => –legislative courts (Article I Courts or Tribunals)*–Judges for these courts serve fixed terms (14-15 years)6Two Types of Federal Court Groups7?___________Courts?___________Courts•The three-tiered system of Federal District courts, Courts of Appeal (originally circuit courts), and the Supreme Court. •Article III of the Constitution provides for the creation of these courts. •Judges serve for life?___________Courts?___________Courts•Various Administrative Courts and Tribunals that Congress establishes•Created by Congress as need arises by power established in Article I of the Constitution.•Judges serve fixed termsFederal Court System (Article III)Three Tier Configuration8?___________?___________?___________?___________?___________?___________(Original Jurisdiction)(Appellant Jurisdiction)(Both kinds of Jurisdiction*)Federal Court System (Article I Courts)AKA: ?_______ CourtsCongress Establishes Other (Legislative) Courts9TribunalsAppeals & othersAdministrativeUS Federal Court System10Article ?Article ?Article ? Article ?Article ?Article ?VA AppealsState ?_________ Courts Which Courts are ArticleIII & which are Article I?11US Circuit CourtsFederal Courts as Policy Makers •Judicial Review versus Judicial Activism–Courts role in Policy Making–Constitution’s broad outline => open to interpretation•Evolution & status of Supreme Court’s power –Role of precedence:–Article VI and establishment of National Supremacy–Based on Court’s decision in McCulloch v. Maryland•Marbury v. Madison & establishment of key precedence–Key role of Chief Justice John Marshall– Marshall’s decision established what key Court power?*•Judicial ?___________* (significance?) –New power of the Court established – what power?–Court’s power to declare laws ?____________ (Fig 14-3)1213?_______ Review?_______ ReviewWhat happens when Judicial Review is taken to extreme?Judicial?___________Judicial?___________•?___________ review is the doctrine allowing the Supreme Court to review and overturn laws made by Congress and decisions made by the president.•?__________?___________• is the vigorous use of judicial


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CAMPBELL POL 229 - G-14: The Courts The U.S. Supreme Court

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