The document discusses the US federal judicial system, including the Supreme Court and other federal courts. It covers the Supreme Court's original and appellate jurisdiction, how cases are selected and decided through majority, plurality, concurring, and dissenting opinions. It also discusses the appointment of federal judges by the president with Senate approval, and how their decisions can be influenced both by legal factors like precedents as well as political factors like their own views. It debates theories of originalism versus a living constitution, and judicial restraint versus activism.

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Chapter 14

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The Federal Judicial System
The Supreme Court of the United States
Original jurisdiction
Appellate jurisdiction
Selecting and deciding cases
 Writ of certiorari
Issuing decisions and opinions
 Majority
 Plurality
 Concurring
 Dissenting

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The Federal Judicial System
Other federal courts
U.S. district courts
U.S. courts of appeals
Special U.S. courts
The state courts
Political appointment
Elected judges (most common form)
Merit-plan judges

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Federal Court Appointees
Supreme Court nominees
Presidents nominate those with compatible political
philosophy
Nearly all recent appointees from appellate courts
Very few nominees rejected by Senate after nineteenth
century

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Federal Court Appointees
Lower-court nominees
Senatorial courtesy
Presidents typically select members of same party
Personal backgrounds of judicial appointees
Most are white men, but diversity has increased in recent
decades

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The Nature of
Judicial Decision Making
Legal influences on judicial decisions
The facts of a case
Three main sources of law
 The Constitution
 Legislative statutes
 Legal precedents

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The Nature of
Judicial Decision Making
Political influences on judicial decisions
Inside the Court: judges’ political beliefs
 Justices vote in line with their political attitudes
 Not all issues clear-cut

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The Nature of
Judicial Decision Making
Political influences on judicial decisions
Outside the Court: the public, groups, and elected officials
 Court cannot move too far from public opinion
 Interest groups file amicus curiae briefs
 Congressional legislation
 Presidential appointments

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Judicial Power and
Democratic Government
Originalism theory versus living constitution theory
Originalism: determine and preserve founders’ intent
 But how determine that intent?
Living constitution: adaptable to changing circumstances
and challenges

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Judicial Power and
Democratic Government
Judicial restraint versus judicial activism
Judicial restraint: judges should abide by precedent and
legislation.
Judicial activism: judges should interpret the Constitution
and statutes in light of established principles when elected
officials fail to do so.
What is the judiciary’s proper role?