M13 POSC150

out of the 3 branches what is the least talked about

courts

judical review

courts’ power to decide whether a law or government action is constitutional, if not immediately overturned, and was claimed by supreme court itself in Marbury v. Madison

courts’ constitutional power

judicial review

Politics of appointing judges

stakes are high because of power of judicial review and a job for a life

What is the process of appointing judges

Nominated by president and approved by senate

What is the process of appointing judges- what the president looks for

merit and qualifications, shared ideology, representation

What is the process of appointing judges- how the senate does it

if majority party leader puts nomination for vote, committee hearings and vote, and 50 percent majority vote in full senate on party lines

what does it mean when a case becomes a precedent

How a court case sets an example or rule that future courts will follow when deciding similar cases.

what is the common law system

precedent guides judges’ decisions and supreme court cases set precedent for whole system

How a case becomes a precedent

appealing up to the supreme court, the supreme court grants “cert”, the justices decide, and what affects justices’ decisions

two ways it can appeal to court system

federal court system and state court system

federal court system

federal court sytem by the US district courts appealing to the US courts of appeals and then supreme court of the US

State court system

state trial courts appeal to state intermediate appellate courts appeal to state supreme court appeal to supreme court of the US

What does it mean when the supreme court grants cert

When the Supreme Court of the United States grants “cert”, it agrees to hear and review a case from a lower court

How to obtain the cert by the supreme court

its a petition for a writ of certiorari, ask the supreme court to hear your appeal and the rule of 4 is applied

whats the rule of 4

4 out of the 9 justices must vote to grant cert

The justices decide based on..

Both sides file written briefs explaining their position, oral arguments, and justices privately cast votes

What affects justices’s decisions?

philosophy on how to read the constitution and law, philosophy on how active/political the court should be, partisanship and ideology

What are the philosophies on how to read the constitution and law

Strict constructionism and judicial interpretivisim

Strict constructionism

read text literall, think what authors wanted

Judicial interpretivism

interpret text according to our times and values

philosophies on how active/political the courts should be

judicial activism and judicial restraint

Judicial activism

court can overturn precedent, make laws

judicial restraint

don’t make laws, stick to precedents