PSCI 1040 1nd Edition Lecture 8 Outline of Last Lecture I Texas Legislature Outline of Current Lecture II What do Judges Do III Structure IV Taking a case to supreme court V Power of Federal Judges VI Implementation and Impact of Decisions VII Decision Making VIII Balance In Selection IX Judicial Selection X Policymaking and Democracy Current Lecture I II III IV What do Judges Do Resolve issues Criminal between state and offender Civil can be a contract or tort contract broken agreement tort violate norms of behavior in society Apply the law determine and apply to facts Court of Appeals only resolve points of law Common Law devised through the courts resolving disputes Structure of US Courts 94 district courts Texas has 4 and answers to the 5th circuit court of appeals Taking a Case to the Supreme Court Court composition 9 justices Chief Justice writes opinions speaks first or last and writes end of the year letter about courts in state to congress Chief Justice John Roberts Associate Justices Plenary Jurisdiction pick which cases to hear Writs of Certiorari Rule of 4 need 4 judges to take case Power of Federal Judges These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute V VI VII VIII No mechanism for enforcing court decisions Interpret statutes judicial review Constitutional and Statutory Interpretation Life Tenure Impeachment is very difficult Implementation and Impact of Decisions Adherence not a given INS v Chadha and the legislative veto immigration ability to deport but could be overridden and congress cant veto what a president passes Brown v Board of Education Unexpected Consequences Roe v Wade mobilized pro life advocates who are working even harder to chip away abortion rights Legislative veto impossible Judges Decision Making Attitudinal model justices in Supreme Court make votes and decisions based on trying to achieve their own beliefs liberal conservative views Strategic behavior ask to write opinion over a vote If liberal will not vote against something but will write a liberal letter over a conservative decision in order to get their thoughts across still Legal Model just interpret law without their own will Deference to Congress will interpret in a constitutional way Three Approaches to Constitution Plain meaning the words mean what they say in the text Original intent what founding fathers were trying to achieve in document Living constitution look at document in light of current times Balance in Selection Methods of judicial selection attempt to achieve an ideal balance between judicial accountability and judicial independence Judicial Accountability judges should be accountable to the public and or elected branches of government Judicial Independence judges should be free to render decisions consistent with their best understanding of the law free from outside influences Judicial Selection Nominated by President confirmed by Senate Life tenure Removal by impeachment States Use Several Methods Partisan election IX Non partisan election Gubernatorial appointment Legislative appointment Merit selection Judicial Policy Making and Democracy Judges shape Public Policy What if life tenured judges make decisions that create bad public policy Or nullify popular policy choices made by the people s selected reps