The Judiciary.

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Presentation transcript:

The Judiciary

Constitutional Foundations Structure of the Courts Term of Office for Judges Powers of the Federal Courts Federal v. State Jurisdiction Original v. appellate jurisdiction

Modern Court Structure US District Courts (94) US Appellate Courts (13) US Supreme Court (1) Video: https://www.youtube.com/watch?v=kLb7r0YRcJQ

The US Constitutional Courts

The US Judicial Circuits

Jurisdiction of the Supreme Court

Setting the Supreme Court Docket 3 Sources of Cases Factors in choosing to grant “cert”: Unsettled law Conflicting lower court opinions Shifting composition of the Court Conference and the “Rule of Four”

Setting the Agenda

Types of Cases in the Sup. Ct.

Hearing Cases Submitting Briefs Oral Arguments Conference Amicus Curiae briefs Oral Arguments Conference

Making Decisions

Judicial Review Review Video: :41-3:30

Judicial Interpretation Interpretation of the Constitution strict Interpretation loose interpretation Role of Judges judicial restraint judicial activism

Example of Oral Argument Obergefell v. Hodges https://www.oyez.org/cases/2014/14-556 Mary Bonauto,oral argument part I – 5:55-Bryer comment @11 min. Judicial Activism v. Judicial Restraint video: start at 2:33

Deciding Cases Writing Opinions Implementation of the Decision Majority Opinion Concurring Opinion Dissenting Opinion Implementation of the Decision Recent Court Eras – review game

Selection of Judges Presidential Nomination Process Criteria Video: https://www.youtube.com/watch?v=BLAaAZZNNiw Senate Confirmation Senatorial Courtesy Hearings and Confirmation Video: https://www.youtube.com/watch?v=PRlznliyC8g Video: https://www.youtube.com/watch?v=m-qUfg6TjG8

Unsuccessful Nominations

The Current Supreme Court

Courts and Democracy Membership of the Federal Courts Influence of Public Opinions (or lack thereof). Exercise of Judicial Review

Constraints on Judicial Power Adversarial system Cases and controversies Justiciability Stare Decisis Checks from President Checks from Congress