Notes
Slide Show
Outline
1
The Judiciary
  • Federal courts:
  • 1.District courts-94 in 50 states, 300,000 cases,665 judges, a final decision of a district court is reviewable by a court of appeals
  • 2. Courts of appeals-13 judicial circuits, 50,000 appeals, 179 judges, the authority to review decisions of the district courts, less than 1 percent of the cases from these courts are looked at carefully by the Supreme Court
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The politics of judicial selection
  • The Senate: advice and consent
  • Senate Judiciary Committee
  • A candidate’s political orientation is the major factor in determining how he or she will vote on the cases that come before the court
  • FDR, Eisenhower, and Reagan was able to appoint a majority of the federal bench during their tenure
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The role of judicial philosophy
  • Is related to political ideology and is a good predictor of how an individual judge will behave
  • Does not equate to judicial activism or judicial restraint
  • The Supreme Court’s role today is more about competing conceptions of the proper balance between government authority and individual rights


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Reforming the selection process
  • Changing the number-increase the number of federal judgeships
  • Changing the jurisdiction
  • In 1937, FDR’s underlying motive in wanting to change the size of the Supreme Court was to ensue New Deal legislation would not be declared unconstitutional- Court Packing Scheme
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How the Supreme Court operates
  • A discretionary court
  • The crucial factor in determining whether the Court will hear a case is its importance to the operation of the governmental system as a whole
  • The Court accepts cases under the rule of four
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Powers of the chief justice
  • Appointed by the president and confirmed by the Senate and holds tenure
  • Ability to influence the Court has varied
  • Chief Justice Warren Burger’s retirement gave Reagan the chance to appoint a conservative William Rehnquist-today John Roberts
  • Justice Sandra Day O’Connor was the first female appointed to the Court
  • Supreme Court Justices
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Operations
  • Two weeks for oral arguments-30 minute speaking limit for attorneys, justices can interrupt lawyers for any reason
  • Two weeks the Court adjourns-the conference-Chief Justice
  • Six justices must participate in each decision
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Opinions
  • Assigning opinions:
  • When voting with the majority, the chief justice decides who drafts the opinion
  • When the chief justice is in the minority, the senior justice among the majority makes the assignment
  • Dissenting opinions-opinions disagreeing with the decision of the Court
  • Concurring opinions-opinions that agree with the decision of the Court, but differ on the reasoning
  • Circulating drafts
  • Releasing opinions to the public