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  • 1. American Government and Politics: Deliberation, Democracy, and Citizenship Chapter Sixteen Judiciary
  • 2. Chapter Sixteen: Learning Objectives
    • Explain why courts are so influential in the United States
    • Describe the argument for judicial review, a power not explicitly mentioned in the Constitution
  • 3. Chapter Sixteen: Learning Objectives
    • Describe the structure and functioning of the federal court system
    • Explain how the Supreme Court hears and decides cases
    • Explain how the federal courts determine what kinds of cases they will hear
  • 4. Chapter Sixteen: Learning Objectives
    • Summarize how the Supreme Court has affected government and politics throughout American history
    • Describe the key issues and arguments in the debate over judicial activism
  • 5. Chapter Sixteen: Learning Objectives
    • Explain how the American people or their elected officials have tried to check the power of the federal courts
    • Discuss how the Supreme Court contributes to deliberative democracy in the United States
  • 6. Introduction
    • Why are the courts so influential?
    • Because judges exercise judicial review
    • Should justices practice judicial activism or follow strict construction by looking at the original intent of the founding fathers?
  • 7. Introduction Petteway, Collection of the Supreme Court of the United States
  • 8. Constitutional and Legal Foundations: The Case for an Independent Judiciary
    • As Montesquieu argued, courts need to be independent of legislatures and executives if the lives and property of citizens were to be secure.
    • While in the Articles of Confederation, there was no separate judiciary; the Constitution corrected that.
  • 9. Constitutional and Legal Foundations: Constitution of 1787
    • Article III of the Constitution set forth an independent federal judiciary.
    • The federal judiciary has both original jurisdiction and appellate jurisdiction .
    Franz Jantzen, Collection of the Supreme Court of the United States
  • 10. Constitutional and Legal Foundations: Judiciary Act of 1789
    • Judiciary Act of 1789
    • Established district courts (U.S. District Courts)
    • Established circuit courts (U.S. Courts of Appeal)
  • 11. Constitutional and Legal Foundations: Judiciary Act of 1789 Source: www.law.syr.edu/media/documents/2008/2/IntroCourts.pdf, accessed August 7, 2009.
  • 12. Constitutional and Legal Foundations: Judicial Review
    • The practice of judicial review by the Supreme Court began with Marbury v. Madison (1803).
    • The use of judicial review has been controversial throughout American history.
  • 13. Constitutional and Legal Foundations: Trial by Jury
    • Trial by jury is another important principle of the American legal system.
    • In Article III, trial by jury is guaranteed in federal criminal cases and the Seventh Amendment extends that right to federal civil cases.
  • 14. The Structure and Functioning of the Federal Court System
    • Federal court system structure
    • District Courts
    • Courts of Appeal
    • Supreme Court
  • 15. The Structure and Functioning of the Federal Court System
    • District Courts
    • Trial courts that hear criminal and civil cases
    • Federal prosecutor is the United States Attorney
    • Plaintiff brings the suit, defendant is one sued
    • Charges proved beyond a reasonable doubt
  • 16. Myths and Misinformation
    • The Meaning of “beyond a reasonable doubt”
    • These words are not in the Constitution, but construed as an important element of due process.
    • What does that concept really mean?
  • 17. The Structure and Functioning of the Federal Court System
    • Courts of Appeal
    • Hear cases on appeal from district courts
    • Appellant files brief, states legal error
    • Appellee files brief , defends lower court decision
    • Oral arguments held before judges
  • 18. The Structure and Functioning of the Federal Court System
    • Supreme Court
    • Nine justices on the Court (number set in 1869)
    • Led by chief justice
    • No constitutional requirements to be a justice
  • 19. The Structure and Functioning of the Federal Court System
    • Supreme Court
    • Hears cases on appeal by a writ of certiorari
    • Rule of four to determine which cases to hear
    • Amicus curiae briefs are one way for the Court to be influenced by outside parties
  • 20. The Structure and Functioning of the Federal Court System
    • Supreme Court decisions
    • Opinion of the Court
    • Majority opinion
    • Dissenting opinion
    • Concurring opinion
    • When drafting decisions, justices rely on precedents and case law .
  • 21. International Perspectives
    • The International Criminal Court
    • The ICC was created to prosecute “genocide, crimes against humanity, and war crimes.”
    • Over 100 nations have ratified the treaty that established the ICC, but not the U.S.
  • 22. The Structure and Functioning of the Federal Court System
    • Special courts
    • These courts have been created to deal with issues such as bankruptcy, international trade and customs and claims against the United States.
  • 23. The Structure and Functioning of the Federal Court System
    • Determining if a controversy exists requires considering four characteristics
    • Standing
    • Ripeness
    • Mootness
    • Political questions
  • 24. The Courts and American Politics
    • How has the Supreme Court influenced American politics throughout its history?
    • The foundations for national power
    • Race and reconstruction
    • Limiting the power of the government to regulate the economy
  • 25. The Courts and American Politics
    • How has the Supreme Court influenced American politics throughout its history?
    • Deferring to the political branches on economic matters
    • The rights revolution
    • The expansion of the remedial powers
  • 26. The Courts and American Politics
    • How has the Supreme Court influenced American politics throughout its history?
    • The growing importance of state supreme courts
    • The courts and the 2000 presidential election
  • 27. The Continuing Debate Over Judicial Activism
    • How much should the Supreme Court influence public policy?
    • Should the modern Court base its constitutional interpretations on the “original intent,” or “original meaning,” of the Constitution?
  • 28. The Continuing Debate Over Judicial Activism
    • The debate at the founding
    • Concerns over Court’s ability to interpret Constitution
    • Judiciary was developed to be too weak to encroach on legislative power
    • Legislature could impeach and remove judges
  • 29. The Continuing Debate Over Judicial Activism
    • The debate recurs
    • Opposition to power of judicial review continued
    • Challenge to national supremacy upheld by Court
    • Court set forth its own ideas about economic
    • policy and segregation issues
  • 30. The Continuing Debate Over Judicial Activism
    • The modern debate
    • Concern that justices relying on “extra-constitutional values”
    • Desire by some for justices to practice theory of originalism
    • Debate over original intent and original meaning
  • 31. Checking the Courts
    • Justices are encouraged to exercise judicial self-restraint .
    • How do judges exercise restraint?
    • Through the cases they choose to hear
    • Through practice of stare decisis
  • 32. Checking the Courts
    • Seven ways courts have been checked
    • Revising the laws
    • Amending the Constitution
    • Limiting the jurisdiction of the courts
  • 33. Checking the Courts
    • Seven ways courts have been checked
    • Changing the size of the Supreme Court
    • Impeaching and removing judges
  • 34. Checking the Courts
    • Seven ways courts have been checked
    • Refusing to enforce judicial decisions
    • Choosing certain kinds of judges
  • 35. The Supreme Court and Deliberative Democracy
    • Judges put a lot of effort into their decisions which inform the political deliberations of the nation.
    • Justices must use reason and logic to influence other political actors.
    Theodor Horydczak, Collection of the Supreme Court of the United States
  • 36. The Supreme Court and Deliberative Democracy
    • How are the courts different?
    • Courts do not represent public opinion
    • Justices typically have less expertise than other branches in specific policy areas
    • Courts don’t decide how to achieve common good through broad policy judgments
  • 37. Deliberation, Citizenship, and You
    • Empathy and the task of judging
    • Should empathy or compassion be qualities we seek in judges?
    • Why or why not?
  • 38. Summary
    • Through judicial review, courts have an significant impact on many issues
    • Federal judiciary insulated from politics
    • Few cases reach the Supreme Court
    • Courts may influence deliberative democracy through opinions