American Politics And Issues: The Supreme Court

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The only court specifically established by the constitution, all others were created by congress.

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Supreme Court

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Common Law: The major advantages to this type of system are

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efficiency and stability

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Disputes resolved by adversarial process:

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•Each side represented by attorney

•Present own version of events

•Resolve as fairly as possible

•Mistakes may be examined by an appeal

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Federal District Courts

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A Jury

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Federal Courts of Appeal

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Appellate Courts:

•Hear cases that have been decided by the Federal distict courts and then appealed by the losers

•Hear cases in panels of 3

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The ultimate appeallate court

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Supreme Court

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Hear cases that have been decided by the

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Federal Courts of Appeal and Federal District Courts, or State Supreme Courts

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Federal courts jurisdiction. Cases in which the subject matter involves

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The U.S. Constitution, Statutes, Treaties maritime laws

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State courts deal with

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almost all criminal matters

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Presidents want judges who have merit, but they consider judges who meet political criteria as well 82%-99% of the time

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members of their party

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Robert Bork nominated by Reagan. Result:

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Presidents attempt to seek canidates without a paper trail, or at least without an incriminating one

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Since 1968, six have been rejected

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Based on ideaology which increased activism in the court in the 1960's

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Judicial Activism

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Judicial rulings suspected of being based on personal or political considerations rather than on existing law

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Strategy of the oppoaite party

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Use the opportunity to energize their base

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Tenure of judges

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Life

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Judicial Restraint

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To limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional

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Restrained judges

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•Should not substitute their own views for the views of the other branches.

•Maintain that power to declare laws unconstitutional should be used sparingly in order to be effective

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Activist Judges

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•Concern with results- has justice truely been done?

•Believe that other branches sometimes fail to do what should be done

•Power to declare laws unconstitutional

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The most conservative member of the court

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Clearance Thomas

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A minimum of four justices must agree that the case should be heard by the supreme court

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The Rule of Four

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Submit written arguments

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Briefs

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Marbury vs. Madison 1803

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•Established that the constitution takes precidence over legislative proceedings

•The supreme court was the ruling authority

-power of judicial review was thus established

-is the power of the courts to determine whether a law or government action is constitutional

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Judicial Review

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The mist powerful tool courts use to weild power

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McCulloch vs. Maryland

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•It enforced the supremacy clause by affirming the constitutionality of a federal statute, while preventing states from passing laws that violate federal law

•Marshall laid down the basic theory of implied powers under the constitution

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Dred Scott 1857

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•Scott was not a citizen therefore he can't sue anyone

•Congress had no authority to prohibit slavery within the territories