Patterson ch14

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Chapter 14

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The Federal Judicial SystemThe Supreme Court of the United States

Original jurisdictionAppellate jurisdictionSelecting and deciding cases

Writ of certiorariIssuing decisions and opinions

Majority Plurality Concurring Dissenting

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The Federal Judicial SystemOther federal courts

U.S. district courtsU.S. courts of appealsSpecial U.S. courts

The state courtsPolitical appointmentElected judges (most common form)Merit-plan judges

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Federal Court AppointeesSupreme Court nominees

Presidents nominate those with compatible political philosophy

Nearly all recent appointees from appellate courtsVery few nominees rejected by Senate after nineteenth

century

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Federal Court AppointeesLower-court nominees

Senatorial courtesyPresidents typically select members of same party

Personal backgrounds of judicial appointeesMost are white men, but diversity has increased in recent

decades

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The Nature of Judicial Decision Making

Legal influences on judicial decisionsThe facts of a caseThree main sources of law

The ConstitutionLegislative statutes Legal precedents

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The Nature of Judicial Decision Making

Political influences on judicial decisionsInside the Court: judges’ political beliefs

Justices vote in line with their political attitudesNot all issues clear-cut

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The Nature of Judicial Decision Making

Political influences on judicial decisionsOutside the Court: the public, groups, and elected officials

Court cannot move too far from public opinion Interest groups file amicus curiae briefsCongressional legislation Presidential appointments

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Judicial Power and Democratic Government

Originalism theory versus living constitution theoryOriginalism: determine and preserve founders’ intent

But how determine that intent?Living constitution: adaptable to changing circumstances

and challenges

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Judicial Power and Democratic Government

Judicial restraint versus judicial activismJudicial restraint: judges should abide by precedent and

legislation.Judicial activism: judges should interpret the Constitution

and statutes in light of established principles when elected officials fail to do so.

What is the judiciary’s proper role?