1. The Courts Continued

3. Supreme Court Interpret Constitution Review Constitutionality of acts of Congress/President Review decisions made by lower court Review decisions made by lower court Settle Disputes between states

4. Size and Scope of Federal Court Supreme Court-9 Justices Multiple lower courts Judges appointed by president, confirmed by Senate Judges Serve for life, with good behavior

5. Jurisdiction Supreme Court Apellate Apellate US court of Appeals Highest courts of the states Original Original Disputes among states Between state and federal US court of Appeals No Original Jurisdiction No Original Jurisdiction Appellate Appellate Lower federal Courts Regulatory Commissions District Courts No Appellate Original Violations of federal law Civil suits between citizens of different states Bankruptcy Maritime cases

6. Jurisdiction and Certiorari Jurisdiction- Authority to hear cases Local courts- Geographic/type of case Supreme court- Sets own Writ of certiorari- request for the court to order up records of lower court to review case Rule of Four Does case come from appeals or highest state court? Does case come from appeals or highest state court? Is there a federal question Is there a federal question

7. Supreme Court Trial Procedures Certiorari Briefs submitted Includes amicus curiae Includes amicus curiae Oral Arguments Justice’s conference Opinions drafted and announced

8. Types of Opinion MajorityConcurringPluralityDissenting Per curium

9. Formulating Opinions Precedent-Stare Decisis Substantive Doctrine Original Intent Restraint vs. Activism Brown v Board Brown v Board Roe Roe Wyatt v Stickney Wyatt v Stickney Judges’ Beliefs Public and Governmental Opinion

10. Eras of Judicial Decisions Nation Vs. State Economic Regulation Civil Rights/Civil Liberties 4 th era? New federalism? New federalism? Administration of policy? Administration of policy?

11. Implementing Decisions Legitimacy and Tradition Perhaps easier in matters dealing with the federal government

12. State Courts Jurisdiction over most criminal and civil matters Criminal Law Civil Law District Courts- Original Jurisdiction Appellate Courts State Supreme courts interpret state constitutions

13. Selection of State Judges Varies from State to State MN District Judges (268)- Typically appointed by Gov, then run for election in next election. 6 year District Judges (268)- Typically appointed by Gov, then run for election in next election. 6 year Appellate- elected, 6 year term Appellate- elected, 6 year term Supreme Court (7)- Elected, 6 year term Supreme Court (7)- Elected, 6 year term

14. Original Intent or a Living Constitution? To what extent should the Supreme Court shape policy in an area such as civil rights, and to what extent should policy be made by congress? What are some ambiguities in constitutional language, and what challenge does this present to the strict constructionalist/original intent argument?

15. Original Intent or a Living Constitution? Is it possible to avoid introducing subjectivity into the process of constitutional interpretation? Which side is more likely to face challenges here? What role ought public opinion or changing social standards come into play in court decision making?

16. Original Intent or a Living Constitution? Think about activities no longer allowed by the court. How would active liberty decide these cases? What is the better outcome? What role should consequentialism play? Is Breyer or Scalia more compelling?

17. For Next Time Congress O’Connor and Sabato Ch 7 O’Connor and Sabato Ch 7 News assignment for 3/22- Read a Blog I will put some on the class website I will put some on the class website