Download Day 11 The Courts

The Courts Continued
Supreme Court
Interpret Constitution
Review
Constitutionality of
acts of
Congress/President
Review decisions
made by lower court
Settle Disputes
between states
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
Jurisdiction
Supreme Court
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Apellate
US court of Appeals
Highest courts of the
states
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Original
Disputes among states
Between state and federal
US court of Appeals
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No Original Jurisdiction
Appellate
Lower federal Courts
Regulatory Commissions
District Courts
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No Appellate
Original
Violations of federal law
Civil suits between
citizens of different states
Bankruptcy
Maritime cases
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
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Does case come from appeals or highest state court?
Is there a federal question
Supreme Court Trial Procedures
Certiorari
Briefs submitted
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Includes amicus curiae
Oral Arguments
Justice’s conference
Opinions drafted and announced
Types of Opinion
Majority
Concurring
Plurality
Dissenting
Per curium
Formulating Opinions
Precedent-Stare Decisis
Substantive Doctrine
Original Intent
Restraint vs. Activism
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Brown v Board
Roe
Wyatt v Stickney
Judges’ Beliefs
Public and Governmental Opinion
Eras of Judicial Decisions
Nation Vs. State
Economic Regulation
Civil Rights/Civil Liberties
4th era?
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New federalism?
Administration of policy?
Implementing Decisions
Legitimacy and Tradition
Perhaps easier in matters dealing with the
federal government
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
Selection of State Judges
Varies from State to State
MN
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District Judges (268)- Typically appointed by
Gov, then run for election in next election. 6
year
Appellate- elected, 6 year term
Supreme Court (7)- Elected, 6 year term
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?
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?
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?
For Next Time
Congress
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O’Connor and Sabato Ch 7
News assignment for 3/22- Read a Blog
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I will put some on the class website