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Both the role and the power of the federal courts, particularly the Supreme Court, have been significantly strengthened and expanded in the last fifty years. |
| 1) The Judicial Process |
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For most of history courts were ruled by sovereigns who settled disputes and rendered judgments. The U.S. court system is based on the Constitution and the law. |
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Cases and the Law |
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Criminal vs. civil vs. public law |
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Use of precedent under doctrine of stare decisis |
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| 2) The Organization of the Court System |
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There are three main types of courts: trial courts, appellate courts and supreme courts. |
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Federal jurisdiction exists if the case involves federal laws or treaties, if the government is a party, or if there is an appeal from a lower court |
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The lower federal courts handle most federal cases of original jurisdiction. |
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The appellate courts, in 12 circuits, review decisions |
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The Supreme Court is the highest court, presided over by the Chief Justice |
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Judges are appointed by the president (who nominates) and the Senate (who confirms). Partisanship leads to intense struggles over nominees. |
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| 3) How Do Courts Work as Political Institutions? |
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Dispute resolution involves managing fact-finding and judgment of disputes after-the-fact. |
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Coordination occurs before-the-fact, where they help provide incentives for desirable behavior. |
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Rule Interpretation of statutes and the Constitution help judges apply or rewrite precedents to apply to the facts of specific cases. |
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| 4) The Power of Judicial Review |
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Judicial Review, established through Marbury v. Madison, grants the authority and obligation to review actions of the executive and legislative branches. |
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Judicial Review of Acts of Congress is not clearly spelled out in the Constitution, but is generally accepted as natural and appropriate. |
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Judicial Review of State Actions is derived from the Supremacy clause. |
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Judicial Review of Federal Agency Actions is needed because so much power and discretion is delegated to these agencies. |
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Judicial Review of Presidential Power: the Supreme Court is responsible for judging whether or not the president has exceeded his authority when charged with doing so by members of the legislature. |
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Judicial Review and Lawmaking: the Supreme Court's power of judicial review makes it a lawmaking body. Activist Courts have established all manner of new laws. |
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| 5) The Supreme Court in Action |
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How Cases Reach the Supreme Court: the Court has very limited original jurisdiction, and most cases arrive only after the Court grants certiorari. |
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Controlling the Flow of Cases: The Solicitor General screens cases, as do the clerks of the Justices. |
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The Case Pattern changes over time, as newly awakened groups or new legislation spawns new litigants. |
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The Supreme Court's Procedures involve reading briefs, hearing oral arguments, debating points and deciding in conference, and finally, writing opinions. |
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| 6) Judicial Decision Making |
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The three dominant influences shaping Supreme Court decisions are the philosophies and attitudes of the members of the Court, the solicitor general's control over cases involving the government, and the pattern of cases that come before the Court. |
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The Supreme Court justices can be activists or show restraint, are themselves political figures with their own ideology, and are often policy oriented political "players". |
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Other Institutions of Government: Congress and the Court must anticipate the actions of the other branch when making their decisions. The presidency has tremendous power at the selection phase, but once on the bench justices have shown a history of surprising their nominators. |
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| 7) Judicial Power and Politics |
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Traditional limitations on the Federal Courts included: |
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i) the rules of standing, which limited access to the bench |
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ii) the narrow scope of relief the court could offer to claimants |
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ii) the lack of enforcement powers |
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iv) the role of other branches in choosing |
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v) Congressional power over the size of the judicial branch. |
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Following WWII, the role of the Court expanded, resulting in two judicial revolutions: |
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i) Policy changes brought sweeping changes in civil rights, criminal rights, etc. |
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ii) A series of institutional changes including relaxed standing rules, broader relief in remedies, and employment of structural remedies fundamentally expanded the power of the courts. |
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