American Government Unit VI Assessment (MATHGUY18 ONLY)

Chapter 14

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The Federal Judicial System  The Supreme Court of the United States

 Selecting and deciding cases

 Issuing decisions and opinions

 Majority

 Plurality

 Concurring

 Dissenting

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The Federal Judicial System  Other federal courts

 U.S. district courts

 U.S. courts of appeals

 Special U.S. courts

 The state courts

 Political appointment

 Elected judges (most common form)

 Merit-plan judges

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Federal Court Appointees  Supreme Court nominees

 Presidents nominate those with compatible political

philosophy

 Nominees must be acceptable to others

 Very few nominees rejected by Senate after nineteenth

century

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Federal Court Appointees  Lower court nominees

 Senatorial courtesy

 Presidents typically select members of same party

 Personal backgrounds of judicial appointees

 Nearly all recent appointees from appellate courts

 Most are white men, but diversity has increased in recent

decades

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The Nature of

Judicial Decision Making  Legal influences on judicial decisions

 The facts of a case

 Three main sources of law

 The Constitution

 Legislative statutes

 Legal precedents

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The Nature of

Judicial Decision Making  Political influences on judicial decisions

 Inside the Court: judges’ political beliefs

 Justices vote in line with their political attitudes

 Not all issues clear-cut

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The Nature of

Judicial Decision Making  Political influences on judicial decisions

 Outside the Court: the public, groups, and elected officials

 Court cannot move too far from public opinion

 Interest groups

 Congressional legislation and presidential appointments

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Judicial Power and

Democratic Government  Originalism theory vs. living constitution theory

 Originalism: determine and preserve founders’ intent

 Living constitution: adaptable to changing social situation

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Judicial Power and

Democratic Government  Judicial restraint vs. judicial activism

 Restraint: judges should abide by precedent and legislation

 Activism: judges should interpret Constitution and statutes

in light of established principles when elected officials fail

to do so

 What is the judiciary’s proper role?

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