America and Arizona Government for Elementary Teachers Presentation 9: The Courts

Presentation Objectives AEPA Objectives 0011 Understand the structure, organization, and operation of the federal government. AZ Social Studies Standard, Strand 3 Concept 2: Structure of Government

Role of the Judiciary Primary role is to adjudicate Uphold the Rule of Law

Role of the Judiciary Settle Disputes

Role of the Judiciary Social Control Criminal proceedings Civil Dispute settlements, punitive awards Guarantee rights of minority groups Judicial Review – adjudicating regarding the political system itself

Actors in Judiciary Litigants  Plaintiff and defendant Standing to Sue

Actors in Judiciary Attorneys  Trained in law and rules of procedure  Maintain order by limiting speaking rights Jury

Actors in Judiciary Judge  Arbiter, Referee in adversarial system  Most appointed, some elected

Judicial Appointment It’s a political process  Clarence Thomas example  Thurgood Marshall example Judges campaign for the position Judge Robert Bork was an unsuccessful nominee of President Ronald Reagan

Judicial Appointment Confirmation usually a rubber stamp, but not always  Only 5 nominees rejected in one hundred years  More often the nomination is withdrawn – Harriet Meyers example  Hard to predict behavior Composition of current court George W. Bush and Harriet Miers

US Court System

Paths to the Supreme Court

Judicial Review Marbury v. Madison Chief Justice John Marshall

Judicial Review Activist v. Strict Constructionist views

Conclusion Chilean Dictator Pinochet Russian Supreme Court Colombian Supreme Court

This Presentation This presentation is courtesy of Brian Dille, Professor of Political Science at Mesa Community College.