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    Chapter16 Chapter16 Presentation Transcript

    • American Government and Politics: Deliberation, Democracy, and Citizenship Chapter Sixteen Judiciary
    • 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
    • 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
    • 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
    • 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
    • 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?
    • Introduction Petteway, Collection of the Supreme Court of the United States
    • 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.
    • 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
    • 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)
    • Constitutional and Legal Foundations: Judiciary Act of 1789 Source: www.law.syr.edu/media/documents/2008/2/IntroCourts.pdf, accessed August 7, 2009.
    • 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.
    • 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.
    • The Structure and Functioning of the Federal Court System
      • Federal court system structure
      • District Courts
      • Courts of Appeal
      • Supreme Court
    • 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
    • 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?
    • 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
    • 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
    • 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
    • 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 .
    • 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.
    • 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.
    • The Structure and Functioning of the Federal Court System
      • Determining if a controversy exists requires considering four characteristics
      • Standing
      • Ripeness
      • Mootness
      • Political questions
    • 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
    • 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
    • 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
    • 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?
    • 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
    • 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
    • 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
    • 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
    • Checking the Courts
      • Seven ways courts have been checked
      • Revising the laws
      • Amending the Constitution
      • Limiting the jurisdiction of the courts
    • Checking the Courts
      • Seven ways courts have been checked
      • Changing the size of the Supreme Court
      • Impeaching and removing judges
    • Checking the Courts
      • Seven ways courts have been checked
      • Refusing to enforce judicial decisions
      • Choosing certain kinds of judges
    • 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
    • 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
    • Deliberation, Citizenship, and You
      • Empathy and the task of judging
      • Should empathy or compassion be qualities we seek in judges?
      • Why or why not?
    • 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