Lecture9b.pptx - Lecture 9 Judicial branch Key...

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Lecture 9: Judicial branch
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Key Terms/Questions original jurisdiction appellate jurisdiction U.S. district courts U.S. courts of appeal (circuit courts) Supreme Court of the United States judicial review writ of certiorari rule of four amicus curiae majority decision dissenting opinion concurring opinion judicial restraint judicial activism precedent stare decisis What makes it more likely that SCOTUS will hear a case? 2
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Judiciary in the Constitution Article III, Section 1: grants judicial Power of the United States to the Supreme Court and other “inferior courts” that Congress may establish. So Congress can establish by law all lower courts under the Supreme Court Supreme Court of the United States is often abbreviated SCOTUS 3
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Nominating SCOTUS Justices Article II, Section 2: President “shall nominate, and by and with the Advice and Consent of the Senate . . . Judges of the Supreme Court.” 4
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Life appointment Judges hold office for life: The Constitution provides that judges “ shall hold their offices during good behavior.” Why are federal judges appointed for life terms? 5
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Why are federal judges appointed for life? The Framers wanted them to be insulated from politics and public opinion Wanted impartial (unbiased) decisions Justices do not have to fear retaliation for unpopular decisions 6
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Why are federal judges appointed for life? They are also not elected; do not have to fear electoral consequences for unpopular decisions. To contrast, most state judges are elected No fixed term length : cannot be removed for making certain kinds of decisions (think about who appoints them) 7
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What are the legal requirements? Age? Experience/education? Citizen? Place of residence? 8
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Judicial Review Judicial review is the power to invalidate laws of congress , the executive, or of the states, that conflict with the U.S. Constitution. In other words, SCOTUS can review laws and find them unconstitutional. 9
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Where does power of judicial review come from? Primary power of the the court is not found in the constitution itself Marbury v. Madison (1803): In its decision, the U.S. Supreme Court claimed the power of judicial review for itself. Chief Justice John Marshall asserted the Constitution’s supremacy clause implies the right of judicial review . 10
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Jurisdiction Jurisdiction : authority vested in a particular court to hear and decide the issues in a particular case Two types of jurisdiction: Original jurisdiction : the jurisdiction of courts that hear the case first, usually in a trial.
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