POLS 1101 Lecture 15 Outline of Last Lecture I Constitutional Basis II Federal Court Structure III Federal Appeals Courts Circuits IV State Courts and the Electoral Connection V Establishing Judicial Power VI Marbury v Madison 1803 VII Supremacy of Federal Courts and Federal Law Outline of Current Lecture I The Appeals Procedure in the State and Federal Systems II Common Law and Legal Precedent III The Path of a Supreme Court Case IV Supreme Court Justices Ideology V Minority Rights versus Majority Rule VI Restraint versus Activism VII Politics of Judicial Appointments Current Lecture I The Appeals Procedure in the State and Federal Systems II Common Law and Legal Precedent The U S operates largely under a common law system III a Higher level courts set legal precedents b Stare decisis let the decision stand c Overturning of precedent d Common law used in Britain as well Many other countries have a civil law system France The Path of a Supreme Court Case Deciding what cases to hear a The rule of four and writ of certiorari b Court receives about 8 000 petitions a year and takes fewer than 80 cases Often pick cases where lower court decisions are at odds Lower court ruling stands if the Supreme Court doesn t take the case Once a case is granted cert the two sides submit briefs Others also submit briefs as amicus curiae Oral arguments allow each side to make its case before the Court Justices meet in a private conference Discuss case and opinion writing STRATEGIC MODEL The strategic model acknowledges that judges seek to achieve policy goals But it also acknowledges that they are subject to certai LEGAL MODEL The legal model assumes that judges submit to the law when making decisions If a judge has any personal pre ATTITUDINAL MODEL This model of judicial decision making posits that a judge s behavior can be predicted largely by his or her policy attitudes It perce IV Supreme Court Justices Ideology V Minority Rights versus Majority Rule Minority groups historically have turned to the courts to help overturn discriminatory laws a Fighting of Jim Crow laws in the South Courts can protect rights and liberties Often courts follow public opinion VI Restraint versus Activism Categorize judges based on their philosophical approach to the law a Strict constructivism judicial restraint b Judicial activism Judiciary is the least political branch but still deeply political a Today activism can be seen by both liberal and conservative justices VII Politics of Judicial Appointments Appointments have become more contentious and confirmations have slowed down The more ideological the nominee the more contentious Judicial appointments are a way for presidents to leave a legacy
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