1. The Federal Judiciary

3. The Structure of the Federal Judicial System

4. Important Terms… Attorney General Attorney General Solicitor General Solicitor General En Bank- all judges will hear a case rather than a panel. Used for complex or significant cases where it is of significance to the public. En Bank- all judges will hear a case rather than a panel. Used for complex or significant cases where it is of significance to the public. Litigants Litigants Plaintiff Plaintiff Defendant Defendant “standing” to sue- who is authorized to start a lawsuit “standing” to sue- who is authorized to start a lawsuit Habeas corpus- an arrested person must be informed of charges against them. Habeas corpus- an arrested person must be informed of charges against them.

5. The Supreme Court

6. Judicial Review… Marbury v. Madison. Gave the Supreme Court what power? Marbury v. Madison. Gave the Supreme Court what power? Reviews Constitutionality of: Reviews Constitutionality of: State and federal legislation State and federal legislation Actions of chief executives Actions of chief executives Decisions of other courts Decisions of other courts *The Courts generally have tried to avoid deciding conflicts between Congress and the President. (called “political questions”)*

8. Factors That Influence Supreme Court Nominations

9. The U.S. Constitution and the Appointment of Supreme Court Justices Article II, Section 2 describes the appointment powers of the President: “He shall have Power, by and with the Advice and Consent of the Senate …to… nominate Judges of the Supreme Court….”

10. The U.S. Constitution and the Supreme Court Article III describes the judicial power of the Supreme Court: “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress May …establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior…”

11. What does this cartoon tell us about factors considered in the nomination/confirmation process…..

12. Factors That Influence Supreme Court Nominations Party affiliation (80% or higher) Party affiliation (80% or higher) Judicial Philosophy Judicial Philosophy “Litmus Test” - where nominees stand on controversial issues like abortion “Litmus Test” - where nominees stand on controversial issues like abortion Background of nominee (education, experience, race, gender, ethnicity, etc.) Background of nominee (education, experience, race, gender, ethnicity, etc.) Political favors Interest group input American Bar Association certification Securing a “safe” nominee

13. The Constitution & the Supreme Court: Questions for Discussion 1. Identify the constitutional requirements for appointing Supreme Court Justices. 2. Discuss the purpose and significance of federal judges servings life terms. 3. How do these constitutional provisions promote checks and balances of the three branches of the federal government? 1. Identify the constitutional requirements for appointing Supreme Court Justices. 2. Discuss the purpose and significance of federal judges servings life terms. 3. How do these constitutional provisions promote checks and balances of the three branches of the federal government?

14. U.S. Supreme Court Confirmation Process Stage 1: Presidential Nomination Stage 2: Senate Judiciary Committee Hearing Stage 3: Full Senate Vote WHITE HOUSE REVIEW Certification MEDIA Influence FBI Investigation INTEREST GROUP Influence Stage 4: Oath of Office?

18. I will take this case all the way to the Supreme Court … Writ of Certiorari (i.e."Rule of Four”) –Annual docket = 8,000 cases Fewer than 100 heard or reviewed $300 filing fee –In forma pauperis= right to be heard at no expense. –Often, interest groups will foot the bill. Quorum = 6

19. Impact of Rulings When making their decisions, SC justices consider the following: 1. Stare Decisis or precedent... “let the decision stand”. Why important? 1. Stability 2. Legitimacy 3. Equality 2. Personal Ideology (Activism vs. Restraint?) 3. Public Opinion See following slides for 2 & 3

20. Judicial Activism vs. Judicial Restraint Judicial Activism The tendency of judges to interpret the Constitution according to their own views Judges should discover general principles underlying the Constitution, amplify them, and apply them to cases. Judicial Activism The tendency of judges to interpret the Constitution according to their own views Judges should discover general principles underlying the Constitution, amplify them, and apply them to cases.

21. Judicial Activism vs. Judicial Restraint Judicial Activism The tendency of judges to interpret the Constitution according to their own views Judges should discover general principles underlying the Constitution, amplify them, and apply them to cases. Judicial Activism The tendency of judges to interpret the Constitution according to their own views Judges should discover general principles underlying the Constitution, amplify them, and apply them to cases. Judicial Restraint Those who believe that the Supreme Court in its rulings should defer to the elective institutions of government Belief that judges should only judge; i.e. confine themselves to applying rules clearly stated in the language of the Constitution.

22. Activity: Activism or Restraint? 1. Justice Harry Blackmun in dissenting opinion in Furman v. Georgia (1972) (voided the death penalty) stated, "Cases such as these provide for me an excruciating agony of the spirit I yield to no one in the depth of my distaste antipathy and indeed abhorrence, for the death penalty. were I a legislator I would vote against the death penalty.. I do not sit, however as a legislator... our task here... is to vote pass on constitutionality of legislation that has been enacted and that is challenged. This is the sole task for judges. We should not allow our personal preferences as to the wisdom of legislative or congressional action, or our distaste for such action to guide our judicial decision.”

23. Activity: Activism or Restraint? 2) Justice Stephens in Clinton v. New York City (line-item veto) argues that the law is unconstitutional in part, because Article II section 7 stases that a bill be "presented to the President of the United States if he approve he shall sign it, if not he shall return it." This leaves no room for another option.

24. Activity: Activism or Restraint? 3) In Texas v. Johnson (1989) Justice Brennan found that Johnson's conviction for flag desecration is inconsistent with the first amendment. “The first amendment forbids the abridgment only of 'speech' but we have long recognized that its protection does not end at the spoken word.”

25. ADVICE As you read, pay close attention to how each Supreme Court Chief Justice impacted his court. Be able to discuss the impacts of each court.

26. Checks on Judicial power

27. Public Opinion  The Courts do not deviate too far from public opinion, because: 1.Reliance on other public officials to execute decisions. 2.May be overruled with new laws or constitutional amendments. 3.Concern for its reputation/credibility. 4.The potential for the impeachment of judges. 5.Congressional control of the Supreme Court’s appellate jurisdiction and/or changing the number of justices on the Court. 6.Pass legislation that clarifies existing laws and, thus, overturns the courts.

28. However …  The Supreme Court is insulated from public opinion by:  Appointed, not elected  Serve life-terms  Court’s ability to control its own docket/set its own agenda.  Salaries cannot be reduced.  Limited access to Court proceedings

29. VIDEO  During the video where Chief Justice John Roberts discusses the Origin, Role, and Impact of the Supreme Court, record the question asked and briefly summarize the answer.

30. REVIEW from John Roberts’ Discussion  What are the steps taken once a case has reached the Supreme Court?

31. The Supreme Court in Action 1.After cert has been granted… 2.Lawyers for each side submit a brief, which sets forth the facts of each case and summarizes lower court decisions. 3.Oral arguments before court. (no more than ½ hr.)

32. The Supreme Court in Action 4.Every Friday, the judges secretly meet in their chambers to debate the cases and decide whether or not to grant cert.  “No one speaks twice before everyone speaks once.” 5.After arguments, they vote

33. The Supreme Court in Action 6.Decision Rendered  Types: Per curiam, Majority Opinion, Concurring Opinion, Dissenting Opinion

34. CAUTION  Remember that this lesson is designed to highlight key information or clarify some things that may be confusing. This is NOT a comprehensive lesson on the Federal Court System. To gain a more thorough understanding, make sure that you carefully read Chapter 16 and complete the reading guide.