The Federal Courts Chapter 16. Supreme Court Denver’s District Court John Marshall.

Slides:



Advertisements
Similar presentations
American Government and Politics Today
Advertisements

Chapter 18 Review. Cases that are only heard in federal court 1.Original Jurisdiction 2.Appellate Jurisdiction 3.Exclusive Jurisdiction 4.Precedent.
Institutions of Federal Government #6
The Judiciary #3 Activism vs. Restraint. 1. jurisdiction: where the case is heard first, usually in a trial. 2. jurisdiction: cases brought on appeal.
THE JUDICIARY.
The Federal Courts The Judiciary Branch. Founders Intention and Constitutional Interpretation Founders wanted Courts to be strict constructionists: judges.
The Judicial Branch. United States v other nations Only in the U.S. do judges play such a large role in _______________. ________________- the right of.
1 Chapter Sixteen The Judiciary. Power of the Federal Courts Hardly any American really cares or knows about the court system. However, Congress cares.
The Judicial Branch Chapter 13. Founding of Judicial Branch Judicial Act of 1789 basically established the current Federal set-up of the Judicial Branch.
The Federal Courts Chapter 16. C-SPAN Supreme Court Documentary span.org/Video/TVPrograms/SC_Wee k_Documentary.aspx
The Federal Courts Chapter 16. Levels of Federal Courts.
The Federal Judiciary AP US Government & Politics Ch 16.
The Judiciary. Constitutional Underpinnings and Evolution  Basis of Power is Found in Article III Supreme Court Congress given power to create lower.
Influence Characteristics Federal Court System Selection How it works?
The Judiciary. Jurisdiction Original jurisdiction: where the case is heard first, usually in a trial. Appellate jurisdiction: cases brought on appeal.
The Judiciary  Article III  Courts decide arguments about the meaning of laws, how they are applied, and whether they break the rules of the Constitution.
1 Federal Judiciary Lesson Role of the Courts What is the role of courts - resolve political issues? Presidential election Presidential election.
The United States Supreme Court. The Judicial Branch of the United States Federal Government is composed of the Supreme Court and lesser courts created.
INFLUENCES AND DECISION MAKING The Judiciary. Structure Article III of the Constitution Judiciary Act of 1789 Role of Congress? Dual court system-U.S.
T HE C OURT ’ S P ROCEDURES Submitting Briefs − Legal arguments on the case − Parties not directly involved may submit amicus curiae Oral Arguments The.
The Judicial Branch. Jurisdiction Federal Courts –Article III, Section 1 vests judicial power in the Supreme Court and other inferior courts created by.
Judicial Branch #1 The Federal Court System. Dual Court System State Courts: have jurisdiction over the majority of cases Federal Courts: have jurisdiction.
THE US SUPREME COURT March 10, ORIGINAL v APPELLATE (1.) A COURTS AUTHORITY TO HEAR AND RULE ON A CASE FIRST (2.) A COURT THAT HEARS A CASE AFTER.
Chapter Sixteen The Judiciary. Copyright © Houghton Mifflin Company. All rights reserved.16 | 2 Judicial Review Judicial review: the right of the federal.
Chapter Sixteen The Judiciary. Judicial Review Judicial review: the right of the federal courts to rule on the constitutionality of laws and executive.
Chapter Sixteen The Judiciary. Copyright © Houghton Mifflin Company. All rights reserved.16 | 2 Judicial Review Judicial review: the right of the federal.
Questions What are three types of jurisdiction? What are two types of juries? When is each used? What is senatorial courtesy and when is it used? How many.
Chapter 8 Section 3 The United States Supreme Court.
The Judicial Branch Chapter 16 The Role of the Courts.
The Supreme Court The Structure of the Court. The Supreme Court The Constitution mentions only one court – the Supreme Court The Constitution mentions.
Government, Chapters 11 and 12 The Judicial Branch.
The Judicial Branch. United States v other nations Only in the U.S. do judges play such a large role in policy-making. Judicial Review- the right of federal.
American Government and Politics Today
Federal Court System. Powers of Federal Courts U.S. has a dual court system (Federal & State) State courts have jurisdiction over state laws Federal courts.
Judicial Review The Judicial Branch Article III. Jurisdiction Original jurisdiction: where the case is heard first, usually in a trial. Appellate jurisdiction:
The Federal Courts. I. Jurisdiction A. Trivia Question: How many court systems exist in the US today?
Chapter 7: The Judicial Branch. The U.S. Supreme Court.
The United States Supreme Court. Constitutional Basis Supreme Court is established in Article III of the Constitution There is one Supreme Court. There.
The Supreme Court in Action Chapter 16, Theme C. The Supreme Court in Action Most cases arrive through a writ of certiorari or cert. Rule of 4 applies.
Judicial Branch. The US Has a Dual Court System The 2 Systems? State Federal This duality reflects what principle of government?
American Government and Politics Today Chapter 15 The Courts.
Chapter Sixteen The Judiciary. Copyright © Houghton Mifflin Company. All rights reserved.16 | 2 Judicial Review Judicial review: the right of the federal.
Section 3. The Court Decisions are final Intended to be as powerful as the other two branches Chief Justice & 8 associate justices – Appointed for life.
The Judiciary A Really Interesting APGOV PowerPoint.
Chapter 16 The Judiciary. Learning Objectives 1.Where in the Constitution does it say that the Supreme Court has the power of judicial review? 2.What.
The Judicial Branch.
The Judiciary.
The Judicial Branch Chapter 16.
The Federal Courts Chapter 16.
Government, Chapters 11 and 12
Institutions of Federal Government #6
Read now… This half of the room read this article…
American Government and Politics Today
Judicial Review Judicial review: the right of the federal courts to rule on the constitutionality of laws and executive actions It is the chief judicial.
The Federal Courts Chapter 10.
The Federal Court System Chapter 11
Chapter 16: The Judiciary
Chapter Sixteen The Judiciary.
 Chapter 9 The Judiciary
The Judiciary Chapter 14.
Chapter Sixteen The Judiciary.
AP U.S. Government Chapter 14
Article III of the US Constitution
The Federal Judiciary Chapter 10.
THE FEDERAL COURTS STUDENT NOTES 10.2.
The Judiciary #3 Activism vs. Restraint.
The Federal Courts Chapter 16.
Federal Judiciary Lesson 12.
How should we handle conflict?
U.S. Supreme Court.
Presentation transcript:

The Federal Courts Chapter 16

Supreme Court Denver’s District Court John Marshall

Jurisdiction Original jurisdiction: where the case is heard first, usually in a trial. Appellate jurisdiction: cases brought on appeal from a lower court.

Standing to Sue  There must be a real controversy between adversaries.  Personal harm must be demonstrated.  Being a taxpayer does not ordinarily constitute entitlement to challenge federal government action; this requirement is relaxed when the First Amendment is involved.  There must be a real controversy between adversaries.  Personal harm must be demonstrated.  Being a taxpayer does not ordinarily constitute entitlement to challenge federal government action; this requirement is relaxed when the First Amendment is involved.

Federal Cases  Federal question cases: involving the U.S. Constitution, federal law, or treaties.  Diversity cases: involving different states, or citizens of different states.  Federal question cases: involving the U.S. Constitution, federal law, or treaties.  Diversity cases: involving different states, or citizens of different states.

Federal Cases  Some cases that begin in state courts can be appealed to the Supreme Court.  Controversies between two state governments can only be heard by the Supreme Court.  Some cases that begin in state courts can be appealed to the Supreme Court.  Controversies between two state governments can only be heard by the Supreme Court.

Structure of the Federal Courts District Courts: the entry point for most litigation in federal courts, trial courts. Courts of Appeal: review all final decisions of district courts, with the authority to review and enforce orders of regulatory agencies. Supreme Court: sets its own agenda.

The Roberts Court Alito Ginsburg Sotomayor Breyer Kennedy Kagan RobertsScalia Thomas

Writs of Certiorari  Requires agreement of four justices to hear the case  Involving significant federal or constitutional question  Involving conflicting decisions by circuit courts  Involving Constitutional interpretation by one of the highest state courts

Judicial Review  Judicial review: the right of the federal courts to rule on the constitutionality of laws and executive actions.  It is the chief judicial weapon in the checks and balances system.

National Supremacy  Marbury v. Madison (1803): The Supreme Court could declare a congressional act unconstitutional.  McCulloch v. Maryland (1819): The power granted to federal government should be construed broadly and federal law is supreme over state law.

Selecting Judges DParty background has a strong effect on judicial behavior. DAppointees for federal courts are reviewed by senators from that state, if the senators are of the president’s party (particularly for U.S. district courts). DParty background has a strong effect on judicial behavior. DAppointees for federal courts are reviewed by senators from that state, if the senators are of the president’s party (particularly for U.S. district courts). Senator Udall Senator Bennett

Selecting Judges  Presidents seek judicial appointees who share their political ideologies.  This raises concerns that ideological tests are too dominant, and has caused delays in securing Senate confirmations.  Presidents seek judicial appointees who share their political ideologies.  This raises concerns that ideological tests are too dominant, and has caused delays in securing Senate confirmations. Robert Bork

The Supreme Court in Action Most cases arrive through a writ of certiorari. Lawyers then submit briefs that set forth the facts of the case, summarize the lower court decision, give the argument of that side of the case, and discuss other issues. Amicus curiae briefs are submitted by interest groups. Oral arguments are given by lawyers after briefs are submitted.

Kinds of Court Opinions  Per curiam: brief and unsigned  Opinion of the court: majority opinion  Concurring opinion: agrees with the ruling of the majority opinion, but modifies the supportive reasoning  Dissenting opinion: minority opinion  Stare Decisis: original ruling stands  Per curiam: brief and unsigned  Opinion of the court: majority opinion  Concurring opinion: agrees with the ruling of the majority opinion, but modifies the supportive reasoning  Dissenting opinion: minority opinion  Stare Decisis: original ruling stands

Constitutional Interpretation  Strict construction/judicial restraint: judges are bound by the wording of the Constitution; judges are interpreters, not policy- makers. This is also called “original intent.”  Loose construction/Judicial activism: judges should look to the underlying principles of the Constitution, and this can result in new policy.  Strict construction/judicial restraint: judges are bound by the wording of the Constitution; judges are interpreters, not policy- makers. This is also called “original intent.”  Loose construction/Judicial activism: judges should look to the underlying principles of the Constitution, and this can result in new policy.

Arguments for Judicial Activism  Courts should correct injustices when other branches or state governments refuse to do so.  Courts are the last resort for those without the power or influence to gain new laws.  Courts should correct injustices when other branches or state governments refuse to do so.  Courts are the last resort for those without the power or influence to gain new laws.

Arguments Against Judicial Activism  Judges lack expertise in designing and managing complex institutions.  Initiatives require balancing policy priorities and allocating public revenues.  Courts are not accountable because judges are not elected and serve life terms.  Judges lack expertise in designing and managing complex institutions.  Initiatives require balancing policy priorities and allocating public revenues.  Courts are not accountable because judges are not elected and serve life terms.

Checks on Judicial Power  Judges have no enforcement mechanisms  Confirmation by Senate  Impeachment for bad behavior  Changing the number of judges  Revising legislation  Amending the Constitution  Altering jurisdiction  Judges have no enforcement mechanisms  Confirmation by Senate  Impeachment for bad behavior  Changing the number of judges  Revising legislation  Amending the Constitution  Altering jurisdiction

Public Opinion and the Courts  Defying public opinion frontally may be dangerous to the legitimacy of the Supreme Court.  Appointment process and life terms insulate justices from public opinion.  Justices deliberate in secret.  Impeachment and lack of enforcement powers mean justices are not completely isolated from public opinion.  Defying public opinion frontally may be dangerous to the legitimacy of the Supreme Court.  Appointment process and life terms insulate justices from public opinion.  Justices deliberate in secret.  Impeachment and lack of enforcement powers mean justices are not completely isolated from public opinion.