G 14 The Courts The U S Supreme Court 1 Chapter 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 2 The Federal Courts Judiciary The Third Branch of Government Joint creation of the Constitution Congress Courts established abolished as required w times by who 3 The 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 4 Congress 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 5 Congress 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 6 Two Types of Federal Court Groups 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 terms 7 Federal Court System Article III Three Tier Configuration Both kinds of Jurisdiction Appellant Jurisdiction Original Jurisdiction 8 Federal Court System Article I Courts AKA Courts Tribunals Congress Establishes Other Legislative Courts Administrative Appeals others 9 US Federal Court System State Courts Article Which Courts are Article III which are Article I Article Article Article Article Article VA Appeals 10 US Circuit Courts 11 Federal 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 12 Review Review review is the doctrine allowing the Supreme Court to review and overturn laws made by Congress and decisions made by the president What happens when Judicial Review is taken to extreme Judicial Judicial is the vigorous use of judicial review to overturn laws and make public policy from the federal bench 13 Limitations on the Courts Limitations constraining Judicial Actions Reactive nature of the Courts Inability to enforce Court rulings depends on who Ability Of Congress to new or modify Or President to modify executive Public Opinion gradual impact Trend toward moderate decisions Figure 14 4 Narrow interpretation of the law the norm narrow rulings Court s need to maintain Public s perception of Legitimacy Avoid sweeping changes to precedence O Connor vs Scalia 14 Supreme Court as a Political Institution The Characteristics of the Court Who serves on the Court Different paths to taken the Supreme Court Box 14 1 15 Supreme Court Ideological Direction Civil Criminal Rights Miranda Roe v Wade 16 Chief Justice of the United States Role of the Chief Justice of the United States Position vaguely described in Article I Sect 3 s ref When president is tried the Chief Justice shall preside Tradition first among equals but with definite limits Presides over Court and Impeachment of President Potential impact on Court s direction Assigns Justice who drafts the Court s opinion when in the majority Warren Court vs Burger Court vs Rehnquist Court vs Roberts Rewards for service to the Court Socio economic status salary 208 100 year 217 400 for Chief Prestige and Job satisfaction fulfillment nation s business Have lasting influence on future Court Rulings set Precedence 17 Service lasts far beyond that of their appointing President Presidential Impact on The Supreme Court G W Bush John Roberts Samuel Alito 2010 18 Politics of Nomination and Confirmation Inherently politically process why Presidential impact of choice long after confirmation Reasons for contested nominations Perception of presidential weakness President s party in minority in Senate Lack of credentials or weak character of nominee Legal views clash w powerful members of Senate IGs Robert Bork s paper trail of controversial opinions at Harvard Rejected by influential special interests of own party members