The judiciary presentation

What does the judicial branch do?

Interpret the law-tells us what it means

Common law

Law made by judges through their decision decisions

US constitution

No law can be made that conflict the constitution

Statutory law

Law made by lawmaking bodies ex. congress

Civil law

One person who's the other—-law between individuals

What power do the courts have?

To make policy through their decisions

By interpretation of constitution or law

By extending the reach of existing law

stare decisis

” let the decision stand”—they do nothing about changing the law.

Political question

They want Congress/president to deal with it

In the US…

Just play a very large role in policy making. Very powerful.

How long do judges serve?

Lifetime

Federal Question cases

Is this in the constitution?

-their jurisdiction

Diversity cases

Citizens of different states who can bring suit in federal courts

Foreign ambassadors are

Always federal

Judicial review

The power to determine what is constitutional and what is not.
-declared 160 federal laws unconstitutional

-the chief weapon in checks and balances

What case established judicial review?

Marbury V Madison

What did Hamilton think about the judicial courts?

He thought they'd be the weakest branch

National supremacy

“Federal government is more powerful than the states.”

-chief justice John Marshall uses Marbury, V Madison, and McCulloch v Maryland to back this idea up.

Dred Scott case

Give power to states—Scott was still property

Court packing

FDR tries to expand the size of the court because they were declaring his laws unconstitutional.

warren court

Expand liberties, and civil rights

Brown v board of education

Miranda V Arizona

What is the original intent of framers for the judicial branch?

They read federal papers all the time meaning they will be following the constitution

precedent

Previous cases and influences of what happened in the past

Federal court

-12 US court of appeals, "(ex. if threaten to kill president you get sent here)

-US District Court

State Supreme Court

State trial court

The court system has 3 courts

-US armed service court, Federal courts, state Supreme Courts.

The confirmation process has three steps

1. President select nominee

2. Senate judiciary committee must conduct hearings

3. Voting (by committee, then entire Senate)

T or F : Recently these hearings had become politicized events

true

Polarization

President appointees to the press or less and less approved (politically motivated)

What do presidents look at when electing judges?

-party background

-Federal judge characteristics

Senatorial courtesy

If president appoints a judge from a certain state, he calls the senators of that state and asks what they think about that person. And if they approve or disapprove.

Litmus test

checks for their ideological purity

Standing

Jurisdiction based on the type of case, or location

Class action suits

For people/ person similarly situated.
ex. Brown V board., was not just about Linda Brown, but rather all blacks who were not allowed to go to White schools.

Writ of Cert

Asking court to write request for your records

Rule of four

Four out of nine judges need to agree to hear case for it to be heard—-cert is then granted

Briefs

Submitted to court to express their opinions and point of view views

Amicus Curiae

People who are outside of the case, but want to give briefs. They are called "friend of the courts.”

Conference

Only the nine justices are allowed in there. Chief justice speaks first and votes last.

note

Opinions of the court are common law want what the fuck are we talking about?

Concurring opinion

extra opinion
Agree with majority, but for different reasons

Dissenting opinion

Written by the minority

important because courts can potentially change their minds

Common law

Body of law developed through decisions rather than statutes

Judicial review

Check if something is constitutional/ unconstitutional

Judicial restraint approach

Judges should decide cases strictly on the basis of the language of the constitution

(conservative/Republicans)

Activist approach

A judge should discern the general principles, underlying the constitution and apply them to modern circumstances

(liberal/ democrats)

What are the reasons for increased activism?

Growth of government

Political backgrounds

Public opinion and the courts…

Has gone down because judges have no ethics/ rules

-when judges get political, their popularity decreases