Political Science paper for 2 page
qiao1159
day10b-TheCourts.pptThe Courts
Professor
Matthew N. Beckmann
Outline
I. Introduction
II. The U.S. Court System
III. The Question of Judicial Review
IV. Interpreting the Constitution
V. Our Current Court
VI. A Politicized Judiciary?
Harry Blackmun
SC Justice, 1970-94
The Court System
Original Jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial.
Appellate Jurisdiction
The power to review and/or revise the decision of a lower court.
Jurisdiction: Authority vested in a particular
court to hear and decide the issues in any particular case.
The Court System
Supreme Court Jurisdiction
Original Jurisdiction (1-3 %)
Cases start at the SC when they…
1. Involve 2 or more states
2. The US and a state
3. Foreign ambassadors/diplomats
Appellate Jurisdiction (97+ %)
SC can hear cases on appeal from…
1. U.S. courts of appeals
2. State highest courts
(if there is a federal issue)
3. Court of Military Appeals
- Federal judges may decide hypothetical cases rather than just real existing ones.
A. True
B. False
The Court System
| Federal Court System | State Court System |
| U.S. Supreme Ct. (80-90 cases) | State Supreme Ct. (50 courts, 95k cases) |
| U.S. Courts of Appeals (13 courts, 50k cases) | State Appellate Cts. (300k cases) |
| U.S. District Courts (94 courts, 300k cases) | State Trial Cts. (100 million filings) |
The Court System
One Important Point:
The Supreme Court chooses which
cases it will hear and which it will not.
The Rule of Four
& Writ of Certiorari
The Court System
SC typically will grant “certs” when…
1. important constitutional issue is implicated
2. lower courts disagree
SC typically will not grant “certs” when…
1. they merely disagree with a particular court’s decision in a given case.
The Question of Judicial Review
Judicial Review:
Power of the courts to review acts of other branches of government and the states.
Not a Power Conferred by the Constitution!
The Question of Judicial Review
Marbury v. Madison (1803)
Federalists lose election 1800
Try to fill gov’t with judges up to last minute.
Chief Justice Marshall’s decision:
Marbury deserves his appt. by law, but the law was unconstitutional.
The Question of Judicial Review
Pro Judicial Review
- Yet another check.
- Protects civil liberties.
- Implied by Constitution.
Anti Judicial Review
- Gives SC unchecked power.
- Not elected.
- Not constitutional.
Interpreting the Constitution
Where All Justices Agree (sort of): stare decisis.
That is, when it comes to formulating new decisions about the law, all justices agree that the Court should rely on past decisions (i.e., precedents).
judicial activism vs. judicial restraint
Interpreting the Constitution
Where NOT All Justices Agree: judicial philosophy.
Three Basic Ways to Read the Constitution
1. Strict Constructionist
2. Original Intent
3. Living Document
Interpreting the Constitution
| Strict Constructionist Interpret the Constitution narrowly, literally. “Just the words.” | Original Intent Interpret the Constitution in the context of the Framers’ intentions. “The words along w/ the writers’ intent.” | Living Document Interpret the Constitution in the context of current circumstances. “The ideas applied to today’s world.” |
How many Supreme Court Justices are there, according to the Constitution?
A At Least 5
B Any Odd Number
C 9
D The Constitution Does Not Specify a Number
According to the Constitution, A US Supreme Court Justice’s term lasts…
A “so long as he is Willing and Able”
B No More than 20 Years
C 6 Years
D “During Good Behaviour”
Our Previous Court
Swing
Voter
4 Votes
4 Votes
Our Previous Court
Swing
Voter
Our Current Court
RBG
SS
EK
JR
NG
SA
CT
SB
BK
Our Current Court
Trump Nominees
Our Current Court
Obama Nominees
Our Current Court
Swing
Voter
&
Chief Justice
Our Current Court
85
64
58
64
51
68
70
80
53
A Politicized Court?
When drafting Article III of the Constitution, the Founders deemed the federal judiciary to be “the least dangerous” branch, a neutral arbiter in disputes.
A Politicized Court?
Over time, however, the courts have become key players in determining constitutional meaning and federal policy.
This puts a premium on decision-making in the courts generally, and the Supreme Court in particular. Is it any wonder judicial nominations are so hotly contested?
A Politicized Court?
The Court has ALWAYS been political.
Even so, many believe that today’s context has made the average day-in, day-out workings of the courts more political.
Fuzzier Issues (like matters of privacy)
Polarization in Washington
Partisan Selection and Confirmation
Closely Divided Supreme Court
Midterm Stuff
Bring a Big Blue Book!
Bring a Pen!
6 of 10 IDs 5 pts each (total 30 pts)
1 “essay” (total 70 pts)
Midterm Stuff
1. Define the term, citing readings and lectures(s)
(e.g., “A tyrant, as mentioned in Federalist 69, is a political leader who assumes power over citizens without being accountable to them.”)
2. Explain why this is important to the topic/class.
(e.g., for example, “Tyranny was an important concern during the founding, causing many to demand ‘checks’ on the government powers be included in the Constitution, including a specific Bill of Rights...”)
“Essay”
Read the Situation
Remember, this is an Exam!
Use Class Ideas and Materials to Answer.
Answer All Parts.
Midterm Advice
Budget your time well.
Write clearly.
Don’t assume “You know what I meant.”
Explain – with course materials.
Lecture is backbone; modules, readings, and sections are supplements.
Not a vocab test. More focus on key concepts and how they apply.
