Judiciary Branch and Electoral Processes in the U.S.

Judiciary Branch and Supreme Court

  • Public Perception of the Supreme Court

    • Highest support among American people, but least visible branch.
    • Common assumption: courts are non-political and objective.
    • Reality: Courts are political actors.

  • Federalist #78 - Hamilton's Perspectives

    • Courts considered the "least dangerous" to political rights.
    • Lacks influence over weapons ("sword") or finances ("purse").
    • Serves as a dependent branch within government.
    • Suggests importance of independent judiciary as a check against other branches, but questions remain about whether they are truly the least dangerous.

  • Overview of American Law & Federal Court System

    • Based on the English legal system.
    • Common Law: Judge-made law based on customs and precedents.
    • Stare Decisis: Upholding past decisions for stability and efficiency.

  • Federal Courts' Authority: Jurisdiction is based on two main criteria:

    1. Federal Question: Involves violation of federal law, constitutional issues, or treaties.
    2. Diversity of Citizenship: Cases involving different states or governments.

  • Standing to Sue: Real harm must be demonstrated; cannot be based on hypotheticals.

  • Structure of Federal Court System:

    1. US District Courts:
    • Entry point for the majority of cases (guilt/innocence).
    • There are 94 districts (1+ per state).
    1. US Courts of Appeals:
    • 13 regional courts.
    • Panel of judges reviews law application (fairness of rules/procedures).
    • The 13th circuit specifically handles federal appeals.
    1. US Supreme Court:
    • Deals with both original and appellate cases (mostly appellate).
    • Composed of 9 justices serving lifetime appointments.
    • Role: decides which cases to review.

Case Selection in the Supreme Court

  • Factors that influence case selection include:
    1. Lower court disagreements.
    2. Rulings conflicting with existing Supreme Court doctrine.
    3. Cases with broad significance.
    4. Substantial federal questions.
    5. State laws invalidating federal laws.
    6. Acts of Congress.
    7. Solicitor General: Represents the U.S.; has authority to bring cases directly to court, bypassing lower courts (operates under "rule of four" principle).

Judiciary's Role in Policy Making

  • Judicial Review: Initially designed for constitutionality checks but evolved into broader policy influence.

    • Judicial Activism: Courts use power for influencing policies and adopt an expansive interpretation of the Constitution.
    • Judicial Restraint: Limits judicial action in political processes.

  • Case Example - Brown v. Board of Education:

    • Reflects strategic judicial action based on public sentiment and timing.

  • Checks on the Judiciary:

    • More powerful than initially thought by the Founders.
    • Executive Check:
    • Judicial implementation depends on executive enforcement and appointment power (e.g., stacking courts).
    • Legislative Check:
    • New bills and amendments can influence or limit judiciary powers.
    • Public Check:
    • Citizens need to be politically active and informed.

Electoral Participation in Democracy

  • Importance of Suffrage: Fare turnout is crucial for democratic health.

  • Current Turnout Metrics:

    • U.S. experiences low voter turnout compared to other democracies.

  • Factors Affecting Voter Turnout:

    • Socioeconomic Factors:
    • Age, education, minority status, and income influence voting likelihood.
    • Motivational Factors:
    • Voters motivated by dissatisfaction.
    • Institutional Factors:
    • Electoral systems (winner-take-all vs. proportional representation), registration ease, and electoral format influence turnout.
    • Voting by Mail and primaries impact participation rates.

Voter Decision-Making Processes

  • Voter Behavior:
    • Factors: psychological considerations, family influences, and general public opinion shape voter decisions.
  • Polling:
    • Measure public opinion; different methods (scientific vs. unscientific).
    • Importance: Connect citizens to political processes.

Interest Groups and Political Parties

  • Distinction: Interest groups and political parties serve different functions but both influence policy.
  • Interest Groups:
    • Groups formed based on shared political goals; influence through collective advantage and defined incentives.
  • Political Parties:
    • Organized groups aiming to win elections and operate government.
    • Functions include candidate recruitment, election organization, and policymaking.

Foreign Policy Overview

  • Definition and Conduct:

    • Programs and policies govern relations with other nations; carried out through diplomacy and military actions.

  • Leadership:

    • President generally dominates foreign policy, wielding both formal and informal powers.

  • Challenges in Foreign Policy:

    • Balance of power dynamics; terrorism; globalization effects; historical grievances against the U.S.'s foreign actions.