Federal Judiciary

Federal Judiciary - By Loren Miller U.S. SUPREME COURT,...

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By Loren Miller
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U.S. SUPREME COURT, 1790 New York City
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U.S. SUPREME COURT TODAY Washington, D.C. http:// www.oyez.org
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ARTICLE III The judicial power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
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THE WEAKEST BRANCH? The federal judicial system was expected to be the weakest branch of the government and early presidents had a difficult time finding people who would serve on the Supreme Court.
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THE WEAKEST BRANCH? The judicial branch became more of a “co-equal” branch when John Marshall became Chief Justice.
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JUDICIAL REVIEW The principle that the courts have the power to strike down legislative and executive acts that are unconstitutional. Hylton v. U.S. (1786) Marbury v. Madison (1803)
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TYPES OF LAW Constitutional Law Statutory Law Civil Law Criminal Law Administrative Law Common Law Natural Law Litigation abounds: A D.C. judge sued his drycleaner for $54 million for losing his pants Schools that now ban running at recess The teacher sued for repositioning a student’s hands on a flute A Hazard of Texting
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Administrative Agencies Federal Trade Commission: regulation of advertising and telemarketing. Federal Communications Commission: regulates the broadcast, cable, satellite, and telephone industries. Federal Election Commission: regulates political campaign contributions and expenditures. Food and Drug Administration: regulates prescription drug and medical product advertising.
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Administrative Rules # of pages in Federal Register (in thousands)
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CASELOADS IN FEDERAL COURTS In Thousands
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CASELOADS IN TEXAS COURTS In Thousands
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HOW TO INTERPRET THE LAW Doctrine of Original Intent Literalism or Absolutism Stare Decisis Balancing Approach Can judges interpret the law “value free”?? Judicial Activism: go beyond the words of the law to consider the societal implications of the decision Judicial Restraint: should not go beyond the clear words of the law.
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HOW TO INTERPRET THE LAW
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The law, in its majestic impartiality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread. Jacques Thibault, French Nobel Prize Winning Writer, 1894
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At one time it was illegal to own a copy of the Encyclopedia Brittanica in the state—because that publication contained a formula for making liquor. The town of Princeton outlawed onion
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Federal Judiciary - By Loren Miller U.S. SUPREME COURT,...

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