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Constitutional Underpinnings and Evolution
Constitutional Underpinnings and Evolution
Basis of Power is Found in Article III• Supreme Court• Congress given power to create lower courts
National Supremacy and Slavery• Marbury (1803), McCulloch (1819), Dred Scot (1857)
Government and the Economy
Government and Political Liberty
The Revival of State Sovereignty
Judicial OverviewJudicial Overview
Judicial Review – the power of courts to declare laws unconstitutional
Judicial Restraint Approach – judges should decide cases strictly on the basis of the language of the Constitution
Activist Approach – judges should discern the general principles underlying the Constitution and apply them to modern circumstances
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Federal District Courts and Circuit Courts of Appeals
Federal District Courts and Circuit Courts of Appeals
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The Dual Court SystemThe Dual Court System Judge made law:
• Common law based initially on the prevailing custom and eventually on legal precedent. • stare decisis: to stand on decided cases.
Statutory law• Civil law• Criminal law• Public law
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The Federal Court SystemThe Federal Court System Basic Judicial Requirements
• The federal courts have jurisdiction in cases that meet one of the following criteria: • The case involves a federal question• The case involves diversity of citizenship
• Standing to Sue• Must have suffered injury or threat of harm• Justiciable controversy
• How cases reach the court• Writ of Certiorari
– “rule of four”– Only 1 or 2 percent of cases taken
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Which Cases Reach the Supreme Court?
Which Cases Reach the Supreme Court?
Original Jurisdiction• Dispute between the United States and a state• Dispute between two states• Disputes between foreign ambassadors and diplomats• A state and an individual from another state
Appellate Jurisdiction• When two lower courts are in disagreement, or a lower court’s ruling
conflicts with an existing Supreme Court ruling • When a case has broad significance • When the highest state court holds a federal law invalid, or upholds a
state law that has been challenged as violating a federal law• When a federal court holds an act of Congress unconstitutional
Selecting JudgesSelecting Judges Appointment by the president with advice and
consent of senate• Lifetime appointments on good behavior
Senatorial Courtesy• Gives heavy weight to preferences of senators from
state in which judge will serve
The “Litmus Test”• test of ideological purity• sharp drop in the percentage of nominees confirmed
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Confirmation Rates for Nominees to the U.S. Court of
Appeals (1947–2005)
Confirmation Rates for Nominees to the U.S. Court of
Appeals (1947–2005)
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The Supreme Court in Action
The Supreme Court in Action
Solicitor General
Petitioner vs. Respondent
Brief
Amicus curiae
Per curiam opinion
Opinion of the court
Concurring opinion
Dissenting opinion