310_Note_Pages_Lecture_10_Federal_Judiciary_F06

310_Note_Pages_Lecture_10_Federal_Judiciary_F06 - The...

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Unformatted text preview: The Federal Judiciary GOV 310 Ms. Mary Love Jurisdiction Matters over which a court exercises authority Original jurisdiction Appellate jurisdiction Jurisdiction of the Federal Courts Cases involving: the Constitution, federal laws, or treaties Ambassadors, Public Ministers, or Consuls Admiralty and Maritime Jurisdiction Federal Government two or more States or citizens of different states Supreme Court Original Jurisdiction Appellate Jurisdiction Parties are Ambassadors, Public Ministers, or Consuls Parties include a State limited by the 11th Amendment All other federal cases Judicial Review Judicial branch review of legislative or executive branch actions to decide the constitutionality of those actions Chief Justice John Marshall (18011835) Marbury v. Madison Adams appoints William Marbury to be a judge Adams appoints John Marshall to be chief justice of the Supreme Court Major Players John Adams outgoing President who uses his final day in office to appoint several Judges "Midnight Judges" John Marshall Chief Justice of the Supreme Court (appointed by Adams) William Marbury Adams appoints him to be a justice of the peace James Madison Jefferson's Secretary of State refuses to deliver Marbury's commission Writ of Mandamus a court order commanding a public official or agency to perform an act required by law Judicial Review Judicial branch review of legislative or executive branch actions to decide the constitutionality of those actions "Why is it that both the executive and legislative branches have timerestricted terms for their key positions, but the judicial branch doesn't? Why do Supreme Court justices get to be judges for life, why not give them a 46 year term? Does it not restrict us by having old men and women who are stuck in their ways and ideas as the final authority on all legal decisions?" "There must be a dialogue between the president and the Senate regarding judicial nominees. And if the White House fails to solicit our advice, perhaps we should withhold our consent." Senator John Ashcroft, 1997, speech to Heritage Foundation The Role of the Senate ...
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