Judges and Justices and Court Cases

What criteria should be used when choosing a Federal Judges or Supreme Court Justice?

Past experience, legal experience, political party (ideology), age, education

What was the Judiciary act of 1789?

9 federal judges

Litmus test:

A test of ideology purity, chooses a judge based on ideology rather than experience or qualifications

Who do presidents try and appoint?

People with the same ideology as them, doesn’t always end up being successful in policy shaping

Who is Thurgood Marshall?

Appointed in 1967, first African American on court, NAACP lawyer, argued in case Brown v Board of Education, liberal

Who is Clarence Thomas?

Appointed in 1991, conservative, replaced Marshall

How long are federal judges appointed for?

Life

Lochner v New York

Court overturned state law that prevented bakers from working for more than ten hours a day

Strict constructionist

Interprets constitution literally

Liberal constitutionist

Believed the constitution can be interpreted and changed

Brown v Board

Overturned Plessy v Ferguson, violated 14th amendment equal protection (separate but equal)

Engle v Vitale

Public schools pondered prayed was unconstitutional (violated first amendment)

Gideon v Wainwright

All citizens must be provided a lawyer regardless or money status

Tinker v Des Moines

Allowed students to participate in non disruptive symbolic speech in schools