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The Judicial Branch
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United States v other nations Only in the U.S. do judges play such a large role in _______________. ________________- the right of federal courts to rule on the constitutionality of laws and executive actions. It’s the #1 judicial weapon in the checks and balances system.
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How to interpret the Constitution? There is much debate on how the Constitution should be interpreted: 1) _______________________- judges are bound by the wording of Constitution. (narrowly interpret) 2) ____________- judges should look to the underlying principles of the Constitution. (broadly interpret).
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Precedents Definition- When judges rule on cases by using the decisions of previous judges. Also known as __________________- “Let the decision stand.”
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The History of the Federal Judiciary Most founders probably expected judicial review but did not anticipate the courts to have such a large role in policy-making. Hamilton - Federalist #78- the ____________ of judges is essential to a democracy. He believed the courts to be the least dangerous of the three branches.
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National Supremacy and Slavery 1789-1861 Marbury v Madison (1803) McCulloch v. Maryland (1819) Gibbons v. Ogden (1824)- interstate ___________________ strengthened (under authority of federal government). Dred Scott v. Sanford (1857)- Blacks could not become free citizens of the U.S.
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Government & the Economy 1865-1936 Dominant issue: Could the federal government _________________________? Private property protected by the 14th amendment. Narrow interpretation of _____ and ______ amendments in relation to blacks allowing segregation (Plessy v Feruson (1896), excluded blacks from voting in many states.
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Government & political liberty (1936-present) Court establishes tradition of deferring to the legislature in economic regulation cases. Courts shift attention to _________________ as is active in defining rights. _______________- liberal protection of rights and liberties against government trespass. 1992- Court rules that states have the right to resist some federal action.
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Federal Courts Structure Two kinds of federal courts were created by Congress to handle cases that the Supreme Court does not need to decide. 1) __________________________- exercise judicial powers found in Article III Judges serve for life, with good behavior Salaries not reduced while in office Appointed by prez, confirmed by Senate
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Constitutional Courts District Courts- (_____)- At least 1 in each state Trial courts of the federal system Single judge and jury present. Circuit Court of Appeals (____) appellate court located regionally panel of 3 judges
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Circuit Court of Appeals Decisions appealed to the US Supreme Court. Over 8000 decisions get appealed in a calendar year. Most get denied. When this happens, the decision is ________ back to the lower court, which means the circuit court decision stands. Circuit Court decisions are usually the court of __________________ for most cases.
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Selecting Judges All constitutional court judges are nominated by the _____________ and confirmed by the ______________, on recommendation from the Senate Judiciary Committee. _________________ usually employed for district judges.
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The Litmus Test Presidents seek judges who share an ideology similar to their own. Greatest impact on court decisions is ____________________. Litmus test during Reagan/Bush administrations was ___________.
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Jurisdiction of Courts Dual court system- state courts and federal courts have their own ________________. Federal cases listed in Article III and the 11th Amendment. Federal question cases: involving US Constitution, federal law and treaties. Also cases involving different __________ or ______________ of different states.
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Federal or State Court? Some cases can be tried at either level. Example: if both federal and state laws have been broken. (_______________) State cases can sometimes be appealed to the Supreme Court….a ___________ question must be raised.
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Route to the Supreme Court Most federal cases begin in district court, then are appealed to circuit court. Supreme Court picks which cases it wants to hear. ___________- 4 justices agree to hear case, then issue a writ of certiorari Usually pick cases that deal with: 1) significant federal or __________ question 2) conflicting decisions by circuit courts 3) constitutional interpretation by a high state court, about state or federal law.
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Going Supreme!! About 8000 requests for certiorari are submitted, the Supreme Court usually limits its _____________ to no more than 100 cases in a year. The Supreme Court sometimes hears cases on ______________ jurisdiction: 1) when a foreign ambassador is named in a case 2) when a state is named in a case 3) when maritime/_________ law is involved.
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Supreme Court in Action Each side has an 1/2 hour for oral arguments, including interruptions for questions by justices. Briefs are submitted by each side and friends of the court – ______________ briefs. Solicitor general- ________ justice
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Conference Procedures Judges meet in chambers. Chief Justice speaks ______, votes _______ Selection of opinion writer Types of opinions: 1) per curiam- brief and unsigned 2) majority opinion- official decision 3) _______________ opinion- agree, but for different reason 4) Dissenting opinion- minority opinion.
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Checks on Judicial power Congress: 1) _____________ and impeachment 2) change the number of judges 3) changing jurisdiction of courts 4) revising legislation 5) ______________ the Constitution
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Public Opinion and the Courts Judges do not follow ______________. However, over time if public opinion is consistent, judges will adapt laws to _________ public opinion.
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