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Federalist system
multiple layers of courts/judicial branch
Federalist judicial system
Oversees federal law and disputes between states/states & federal gov’t
Each state has their own legal/judicial system as well - no detail
2 goals of the Supreme Court
Protect sanctity of US Constitution form other branches
Protect individual rights against societal/government oppression
Federal government
State Government
Private actors
Supreme Court
9 Judges
Appointed by the President, confirmed by Senate
Serve lifetime appointment
Why a lifetime - to keep judges outside of politics
Apolitical - No political impact on their job
Select what cases they will hear (about 100 cases a year)
Article 3 of Constitution
has the shortest and the least detail of the three branches
Establishes 1 court
Original jurisdiction - case heard for the first time
Appellate jurisdiction - hears a case on appeal from lower court to judge original ruling
Congress has the power to expand the bench
Envisioned as "Judgement"
Alexander Hamilton wrote in federalist No. 78
The key tooth supreme court is going to be interpretation and are the weakest branch
Highlight the facts that courts can make decision but can’t enforce them
Provides a check on the other two branches therefore equal
The first session of the US Congress laid the framework for today’s federal judicial system
Established in the Judiciary Act of 1789
Basic Structure unchanged
District Courts -> Appeal Courts/Circuit Courts -> U.S Supreme Court
State Courts Structure
Trial courts -> Appeals courts -> State Supreme Court - > Us Supreme Court
Chief Justice (and former President ) William Taft designated a building for the court
Previously relegated to the outskirts of Congressional buildings
Completed in 1935
Goal - a building with the same scale as the other branch's buildings
John Marshall
Fourth Chief Justice, served 34 years
Credited with defining the modern court, clarifying its power and strengthening its role
In 1803, the Supreme Court declared for itself the power of judicial review
Marbury v. Madison- for the first time they announced an act of congress to be unconstitutional. They established this with judicial review. The supreme court can look at and evaluate the actions of the other two branches and they can declare it void
Although the supreme court tends to draw the most public attention, it typically hears fewer than 100 cases every year
True
The federal state even though it hears more than the supreme court the state courts hear the majority of cases
True
How many Supreme Court justice
9
How many judges do the circuit court contain
3
How many judges do federal district courts have
1
Federal Judges
At the Federal level the president nominates a candidate to a judgeship of justice position
The senate has the right to advice and consent he president in his picking
All federal judges serve lifetime terms of office
ABA helps nominate from a list of candidates
Nominee is then taken to the Senate Judiciary Committee. From there the candidate must be confirmed by a majority vote of the full senate
Oath in office to uphold the Constitution and the laws of the U.S
When there is a vacancy the President consults with the states US senators before making a nomination
Called senatorial courtesy
Stare Decisis
The US court system operates on the principle of
Today’s decisions are based largely on ruling from the past
Common law system
Cultural
the set of shared attitudes, values, goals and practices that characterizes an institution, organization, society
4 key values
Liberty
Popular consent / Popular sovereignty
Individualism
Religious Faith and Freedom
Liberty
strong support for basic freedoms and liberties
Equality
All people should be treated equal under the law and equal opportunities
Individualism
Preference for rewarding hard work and limiting role of government
Rule of Law
Strong belief in legitimacy of US Constitution Majority opinion should prevail
Political Spectrum
Middle - Moderate
Left - Liberal - Revolutionary
Conservative - Right - Reactionary
Political Orientations
Value and Beliefs - systemic way of assessing the political environment
Broad Consensus about many values and beliefs, but their translation into an organized way of thinking about politics and issues is considerably more varied
Political Ideology - Philosophical guide about the purpose and scope of government
Partisanship - Psychological attachment to a party
Partisanship
Psychological attachment to a party
Provide and orientational mechanism for understanding how to apply one’s value
Conservatives favor
Smaller federal government
Limited social welfare programs
Reduced government regulations
Government activism to enforce more traditional values on social issues
Liberals Generally
More active Federal Government
More actives federal government and advocated for individual freedom
Most Americans see themselves as moderate
Political orientations tend to be quite subtle but longlasting
True
Political Socialization
Process through which individuals acquire their political beliefs and values
Lifelong process begins in early childhood and continues thought life
Agents of socialization
Factors that have a significant impact on an individual's socialization to politics
Socialization is important both in
he development of political learning for individuals
Generational transmission of fundamental beliefs and values of American political culture
Family
Perhaps the most powerful socializing agent
Parents teach children about the political world
Children learn parents’ political values even if concepts are vague to them
Usually develop political ordinations with those of their parents
Long Lasting Effects
Peers
After 5 then peer group becomes important
Children acquire new political learning from friends and the social groups they form
Often reinforce what they learn from parents
By 5th -6th grader - questions
No longer accept socialization cues
School
Students are taught respect for the country and its symbols
Often reinforce beliefs regarding citizen roles in democracy
High school - huge impact of socialization
Race/ethnicity
Group memberships provide experiences and perspective that shape political views
Experience with persecution and discrimination through history
Different occupational opportunities
Often kive in separate communities and go to different schools
Shared linked fate
Age
View of proper role of government depends on era in which one was born
Religion
Responsible for instilling many American ideals rooted in Nation’s Prostenstant heritage
Attitudes shaped by how strictly the individual practices and follows religious doctrin
Gender
Historically perceived as less important than other factors
Political Preferences
Attitudes or opinions regarding the performance of political leaders and institutions candidate preferences election sand specific policy issues
Preferences highly influenced by political ideology