American Government & Politics Today - The Courts

14.1: Judges' Decision-Making
- Explain how judges in the American system decide cases, emphasizing the legal principles and precedents that guide them.
- Define stare decisis: A legal principle that dictates that courts should follow precedents set in previous cases to ensure consistency in the law.
14.2: Judicial Review
- Define judicial review: The power of the courts to examine laws and actions of government to determine their constitutionality.
- Explain the origins of judicial review in the Constitution and in case law, particularly referencing Marbury vs. Madison.
14.3: Federal Court System
- Produce a graphic illustration of the federal court system, and explain how a case moves through the court hierarchy, from trial court to the Supreme Court.
14.4: Supreme Court Nominations
- Explain the process for how judges are nominated and confirmed for the Supreme Court, detailing the steps from nomination by the President to confirmation by the Senate.
14.5: Judicial Activism vs. Judicial Restraint
- Compare judicial activism (where judges take an active role in checking government actions) with judicial restraint (limited to overturning laws only when they are clearly unconstitutional).
- Discuss recent Supreme Court decisions that illustrate both concepts.
14.6: Constraints on the Supreme Court
- Discuss the constitutional and political constraints on the Supreme Court, including the checks and balances system.

Judge-Made Law
- Common Law: Law developed through judicial decisions, as opposed to statutes.
- Precedent: Previous court decisions that are used as a standard in deciding similar cases.
- Stare Decisis: The doctrine that mandates courts to follow historical cases when making a ruling on a similar case.
Constitutional Provisions
- Constitutions are supreme within their jurisdiction; the U.S. Constitution is the highest law in the country.
Statutes and Administrative Regulations
- Laws created by legislative bodies and regulations established by governmental agencies.
Case Law
- Decisions made by courts that contribute to the body of law.
Judicial Review
- Originated with Marbury v. Madison; established that the courts have the authority to invalidate laws deemed unconstitutional. Emphasizes that it is the duty of the judicial department to interpret the law.

U.S. Supreme Court: Highest court with ultimate appellate jurisdiction.
Lowest Levels: Includes U.S. District Courts and State Trial Courts.
Intermediate Levels: Comprised of U.S. Courts of Appeals and State Appellate Courts.

Jurisdiction: Authority to hear a case. It is defined by:
- Federal Question: Involves the U.S. Constitution, federal laws, and treaties.
- Diversity of Citizenship: Cases involving parties from different states, requiring at least $75,000 in controversy.
- Standing to Sue: A plaintiff must have a sufficient stake in the matter to bring a suit.

The Constitution mandates a Supreme Court and grants Congress the power to establish inferior courts for lower tiers.
The Judiciary Act of 1789 was pivotal in establishing lower federal courts.

U.S. District Courts: Total of 94, serving as trial courts with general and limited jurisdiction.
- General Jurisdiction: Original jurisdiction over most cases.
- Limited Jurisdiction: Specialist courts dealing with specific matters such as tax or regulatory issues.
U.S. Courts of Appeals: Total of 13, with appellate jurisdiction that reviews decisions made by district courts.
- Roles include upholding, reversing, or remanding cases to lower courts.
Supreme Court: Possesses limited original and appellate jurisdiction; composed of 9 justices, led by the Chief Justice.

Examples of specialized federal courts include Tax Courts, Bankruptcy Courts, International Trade Courts, and Patent Courts.
War on Terrorism: Creation of courts such as the FISA Court for surveillance-related judicial actions and Alien Removal Courts for immigration-related terrorism.

Litigation: The process of bringing a lawsuit.
Class-action suits: A lawsuit filed by one person on behalf of a larger group, with rulings that apply to all group members.

Cases reach the Supreme Court through various criteria:
- Diverging decisions from lower courts.
- Cases with significant long-term impacts.
- Influence from the Solicitor General.

Writ of Certiorari: A formal request for the Supreme Court to review a lower court's decision, requiring the submission of records from that case.
- Rule of Four: Requirement that at least four justices must agree to review the case.

At the Supreme Court, oral arguments are held, followed by deliberations, leading to decisions and opinions.

Unanimous, Majority, Concurring, and Dissenting opinions dictate the Court’s stance on decisions made.

Discussion of the nomination process heightened in context of vacancies (e.g., after Justice Antonin Scalia's death in 2016).

Federal judges are appointed by the President and confirmed by the Senate.
Senatorial Courtesy: Allows senators from the President’s party to block nominations in their state.

Control over federal district court nominations has shifted. Supreme Court nominations remain critically significant due to their long-term impact on law.

The Senate plays a significant role in ideological debates surrounding judicial appointments, reflecting how appointments can lead to political strife.

Elena Kagan's installation as the 112th U.S. Supreme Court justice exemplifies the contemporary political challenges of confirmations.

Differences between Judicial Activism and Judicial Restraint: Activism seeks to actively check governmental actions, while restraint is cautious, only acting on clear unconstitutionality.
Interpretative Methods: Differences between strict construction (