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© 2015 The McGraw-Hill Companies, Inc. All rights reserved.
Chapter 14
© 2015 The McGraw-Hill Companies, Inc. All rights reserved. 14-2
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
© 2015 The McGraw-Hill Companies, Inc. All rights reserved. 14-3
© 2015 The McGraw-Hill Companies, Inc. All rights reserved. 14-4
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
© 2015 The McGraw-Hill Companies, Inc. All rights reserved. 14-5
© 2015 The McGraw-Hill Companies, Inc. All rights reserved. 14-6
© 2015 The McGraw-Hill Companies, Inc. All rights reserved. 14-7
© 2015 The McGraw-Hill Companies, Inc. All rights reserved. 14-8
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
© 2015 The McGraw-Hill Companies, Inc. All rights reserved. 14-9
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
© 2015 The McGraw-Hill Companies, Inc. All rights reserved. 14-10
© 2015 The McGraw-Hill Companies, Inc. All rights reserved. 14-11
© 2015 The McGraw-Hill Companies, Inc. All rights reserved. 14-12
The Nature of Judicial Decision Making
Legal influences on judicial decisionsThe facts of a caseThree main sources of law
The ConstitutionLegislative statutes Legal precedents
© 2015 The McGraw-Hill Companies, Inc. All rights reserved. 14-13
© 2015 The McGraw-Hill Companies, Inc. All rights reserved. 14-14
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
© 2015 The McGraw-Hill Companies, Inc. All rights reserved. 14-15
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
© 2015 The McGraw-Hill Companies, Inc. All rights reserved. 14-16
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
© 2015 The McGraw-Hill Companies, Inc. All rights reserved. 14-17
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?