1. Pearson Education, Inc., Longman © 2006 Chapter 12 The Federal Courts American Government: Policy & Politics, Eighth Edition TANNAHILL

2. Pearson Education, Inc., Longman © 2006 In This Chapter We Will Cover: Judicial policymaking Political history of the Supreme Court The federal court system Power, politics, and the courts

3. Pearson Education, Inc., Longman © 2006 Judicial Policymaking Judicial review is the power of courts to declare unconstitutional the actions of the other branches and units of government. Strict construction is a doctrine of constitutional interpretation holding that the document should be interpreted narrowly. Loose construction is a doctrine of constitutional interpretation holding that the document should be interpreted broadly.

4. Pearson Education, Inc., Longman © 2006 Political History of the Supreme Court The Early Court –The court’s role was ill-defined at first; some members quit to take better jobs. –Chief Justice John Marshall led the Court from 1801 to 1835. During this time the Court established its right to exercise judicial review and expanded the power of the national government. Marbury v. Madison (1803) McCulloch v. Maryland (1819)

5. Pearson Education, Inc., Longman © 2006 Political History of the Supreme Court The Court and Slavery –The Supreme Court’s involvement in the slavery controversy led the Court away from support for a strong national government towards a states’ rights position. In the Dred Scott decision (1857) the Supreme Court declared the Missouri Compromise unconstitutional and held that the federal government had no power to prohibit slavery in the territories.

6. Pearson Education, Inc., Longman © 2006 Political History of the Supreme Court The Supreme Court and Property Rights –After the Civil War, the Court turned its attention to the protection of property rights. The Court struck down many business regulations in the 20s and 30s including portions of the New Deal. In 1896 Plessy v. Ferguson, the Court legitimized racial segregation and Jim Crow laws by declaring that “separate but equal” facilities for persons of different races to be constitutional.

7. Pearson Education, Inc., Longman © 2006 Political History of the Supreme Court The Supreme Court and Civil Liberties and Civil Rights –In 1937, the Court upheld provisions of the New Deal and began a long period where its agenda focused heavily on civil liberties and civil rights.

8. Pearson Education, Inc., Longman © 2006 Political History of the Supreme Court –The Warren Court (1953-1969) In Brown v. Board of Education of Topeka (1954) the Court struck down laws requiring school segregation, overturning the Plessy decision. In Mapp v. Ohio (1961) the Court extended the exclusionary rule to the states. –The Exclusionary Rule is the judicial doctrine stating that when the police violate an individual’s constitutional rights, evidence obtained as a result of police misconduct or error cannot be used against the defendant.

9. Pearson Education, Inc., Longman © 2006 Political History of the Supreme Court The Burger Court (1969-1986) –In Roe v. Wade the Court held that states could not prohibit abortion in the first two trimesters of pregnancy, basing their opinion on the right of privacy.

10. Pearson Education, Inc., Longman © 2006 Political History of the Supreme Court The Rehnquist Court (since 1986) –Reverse discrimination is the allegation that affirmative action efforts on behalf of women and minorities effectively discriminate against white males. In City of Richmond v. J.A. Croson Co. (1989) the Court declared that government programs designed to remedy the effects of discrimination were unconstitutional unless the government could demonstrate a compelling interest to justify their creation. In Shaw v. Reno (1993) the Court ruled that a state could not use race as the basis for drawing Congressional district lines unless it had a “compelling” reason.

11. Pearson Education, Inc., Longman © 2006 Political History of the Supreme Court –Limiting federal regulatory power The Court overturned the Gun-Free School Zone Act of 1990 which banned firearms within 1,000 feet of a school. The Court also ruled that Congress does not have the constitutional authority to enact laws that override the sovereign immunity of a state government. –Sovereign immunity is the legal concept that individuals cannot sue the government without the government’s permission.

12. Pearson Education, Inc., Longman © 2006 Political History of the Supreme Court The Rehnquist Court may be best remembered for its ruling in Bush v. Gore (2000). –The ruling halted the selective hand recount of Florida ballots because without any uniform counting procedure, the recount violated the Constitutions Equal Protection Clause of the Fourteenth Amendment.

13. Pearson Education, Inc., Longman © 2006 The Federal Court System The Constitution says relatively little about the organization of the federal court system. “The judicial Power of the United States,” it states, “shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” Article III

14. Pearson Education, Inc., Longman © 2006 The United States Federal Courts

15. Pearson Education, Inc., Longman © 2006 The Federal Court System Jurisdiction –Original jurisdiction refers to cases the Court may hear as a trial court. (The Supreme Court has very little original jurisdiction.) –Appellate jurisdiction refers to cases the Court can hear on appeal from a lower court.

16. Pearson Education, Inc., Longman © 2006 The Federal Court System Rule of Four –The Supreme Court will hear a case on appeal only if a minimum of four justices want to hear it. Selection of Judges –All federal judges are appointed by the president and confirmed by the Senate and serve for life.

17. Pearson Education, Inc., Longman © 2006 Supreme Court Jurisdiction: original jurisdiction, shares with district courts; appellate jurisdiction set by law Selection of judges: nominated by president, confirmed by Senate Deciding to decide: set their own agenda (Rule of Four)

18. Pearson Education, Inc., Longman © 2006 Supreme Court Deciding the case: –Per curiam opinion: brief explanation –Amicus curiae, friend of the court brief –Majority opinion: explains and justifies ruling –Concurring opinion: agrees with ruling, but disagrees with reasoning –Dissenting opinion: disagrees with decision of majority

19. Pearson Education, Inc., Longman © 2006 Supreme Court Implementation: –Furman: state legislatures rewrote death penalty statutes –Miranda: local law enforcement agencies –Brown: school integration –Roe v. Wade: hospitals and clinics provide access to abortion

20. Pearson Education, Inc., Longman © 2006 Supreme Court Impact –The impact of Roe v. Wade

21. Pearson Education, Inc., Longman © 2006 Power, Politics, and the Courts On different occasions in American history, various groups and individuals have attacked the federal courts as both too powerful and undemocratic. In the early 1930s, liberal advocates of the New Deal criticized the Court and in the 1960s and 1970s, conservatives complained about the court rulings on abortion and the rights of the accused.

22. Pearson Education, Inc., Longman © 2006 Concluding Review Questions Do courts make policy? Explain. What is the difference between strict and loose construction of the Constitution? What is the jurisdiction of each of the following federal courts—district courts, courts of appeals, and the U.S. Supreme Court?

23. Pearson Education, Inc., Longman © 2006 Concluding Review Questions How are judges chosen for federal courts? What role does the chief justice play in the decision-making processes of the Supreme Court? What factors influence the likelihood that the Senate will confirm a Supreme Court nominee ?