1. The Courts Chapter 14 By Jennifer Thomas, Kelly Quirk, Gabriella Callahan and Aaron Robison
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3. When judges undo the work of elected majorities (which was surely the case with government-sponsored racial separation), they risk depriving the people of the right to make the laws or to govern themselves.The United States Judicial System
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5. In the beginning, Supreme Court Justices spent much of their time as individual traveling judges (‘‘riding circuit’’); disease and poor transportation were everyday hazards. The Justices met as the Supreme Court only for a few weeks in February and August.National Judicial Supremacy
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7. Marshallexpanded the potential power of the Supreme Court to equal or exceed the power of the other branches of government. Should a Congressional act (or, by implication, a Presidential act) conflict with the Constitution, the Supreme Court claimed the power to declare the act void.
8. The Judiciary would be a check on the Legislative and Executive branches, consistent with the principle of checks and balances embedded in the Constitution.
9. In more than two hundred years of practice, the Supreme Court has invalidated only about 160 provisions of national law.Judicial Review of Other Branches
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11. The supremacy of national laws or treaties when they conflict with state and local laws
12. The role of the Supreme Court as the final authority on the meaning of the Constitution
13. When acts of the national government conflict with the Constitution, the Supreme Court can declare those acts invalid.
24. courts within the second tier of the three-tiered federal court system, to which decisions of the district courts and federal agencies may be appealed for review.
25. Cases are neither settled nor abandoned, they end with adjudication, a court judgment resolving the parties’ claims and enforced by the government.Procedure and Policymaking
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27. For those following along at home, we’re now on page 456The U.S. Courts of Appeals (cont’d)
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29. The Courts of Appeals are regional courts: they usually convene in panels of three judges. After the review of briefs the three judge panel meet to reach a judgment. When a decision is made its influence can reach well beyond the immediate
30. Ex: A lawsuit turning on the meaning of the Constitution produces a ruling, which then serves as a precedent.
31. Precedent: a judicial ruling that serves as the basis for the ruling in a subsequent case.
33. Judges on the courts of appeals direct their energies to correcting errors in district court proceedings. Decisions by the courts of appeals ensure a measure of uniformity in the application of national law.
34. Laws may be interpreted differently in different courts of appeals.
35. The problem of conflicting decisions in the courts can be corrected by review in the The Us court of appeals continued Each appeal court hears cases from a circuit The United States is divided in twelve circuits
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37. Ex: burning of the flag during political protests, school desegregation –Brown v. Board of Education (1954) the Supreme Court carried the banner of racial equality by banning down against segregation in public schools.The Supreme Court
45. an issue covered by the U.S. Constitution, national laws or U.S. Treaties.
46. The Supreme Court only selects a handful of cases; they have control over their docket (agenda).
47. To have a case approved the justices must agree to the case warrants full consideration-there only has to be four votes to place a case on the docket.
53. Cases that are heard by the Supreme Court are chose by decision making criteria such as issues dealing with economic or social costs, or those weighing the ultimate outcome.
55. Determining whether the government should appeal decisions, reviewing and modifying, deciding whether the government should file amicus curiae brief.
56. Solicitor General is an advocate for the president’s policy, and is an officer of the Court.The Solicitor General
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58. While in conference there is a Chief Justice that begins the presentation, they then present their vote, which then the justices present their votes. Once the totals are made of the justices cases are assigned.
59. To recap: Appellate Courts are held with no jury, witnesses or cross-examinations.. The Court of Appeals may interpret laws directly. In the Supreme Court, the main purpose is to insure freedom, order and equality. To bring a case before the Supreme Court there must be original jurisdiction and appellate jurisdiction. These cases must also come with a federal question and must also be selected by the Supreme Court; they control their docket. The Solicitor General is appointed by the President to determine whether the government to appeal these decisions. Decision Making If you’re still following along at home, we’re now on page 465.
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61. As humans these justices are going to have values that will affect the way they decide or vote on issues. Depending on whether they are conservative or liberal plays a role also.
62. Each justice has a different background and that plays a role in decision-making too.Strategies of the Courts
68. The Chief Justice rarely engages in a debate but instead just sends memos to the other justices as a form of communication.
69. Salaries range from $160,000 to $220,000 among members of the Supreme Court on the state level.
70. In most states the governor appoints the state judges. In other states, judges are elected by the people.
71. Vacancies arrive when a judge resigns, retires, or dies. Sometimes a vacancy will arise if the caseload is too heavy for the current judges and they need help. The President must nominate someone and the Senate must then confirm him or her. Chief Justice& Justice Recruitment
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73. a judicial philosophy by which judges tend to defer to decision of the elected branches of government.
75. a judicial philosophy by which judges tend not to defer to decisions of the elected branches of government, resulting in the invalidation or emasculation of those decisions.
87. a procedure by which similarly situated litigants may be heard in a single lawsuit.For recap’s sake: Only the biggest cases reach the Supreme Court. These decisions are crucial and often heard through the judge’s perspective, be it liberal or conservative. The Chief Justice has several responsibilities, among them setting the agenda, serving as both social and policy leader and maintaining order. He does not communicate with the judges during a trial, but rather sends memos. Salaries range among members of the Supreme Court, as does methods of election. Vacancies only open when a judge chooses to retire or the Courts become so flooded extra help is needed.
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