Chapter 9 - The Judiciary
9.1 Roots of the Federal Judiciary
Many Framers viewed the judicial branch of government as little more than a minor check on the other two branches, ignoring Anti-Federalist concerns about an un-elected judiciary and its potential for tyranny. The Judiciary Act of 1789 established the basic federal court system we have today. It was the Marshall Court (1801-1835), however, that interpreted the Constitution to include the Court's major power, that of judicial review.
9.2 The Federal Court System
The federal court system is made up of constitutional and legislative courts. Federal district courts, courts of appeals, and the Supreme Court are constitutional courts.
9.3 How Federal Court Judges Are Selected
District court, court of appeals, and Supreme Court justices are nominated by the president and must also win Senate confirmation. Important criteria for selection include competence, ideology, rewards, pursuit of political support, religion, race, ethnicity, and gender.
9.4 The Supreme Court Today
Several factors influence the Court's decision to hear a case. Not only must the Court have jurisdiction, but at least four justices must vote to hear the case. Cases with certain characteristics are most likely to be heard. Once a case is set for review, briefs and amicus curiae briefs are filed and oral argument is scheduled. The justices meet in conference after an argument to discuss the case; votes are taken; and opinions are written, circulated, and then announced.
9.5 Judicial Philosophy and Decision Making
Judges do not make decisions in a vacuum. In addition to following the law of previous cases, other factors, including personal philosophy and ideology, have extraordinary impact on how judges decide cases. Public opinion may also play a role in some cases.
9.6 Toward Reform: Power, Policy Making, and the Court
The Supreme Court is an important participant in the policy making process. The power to interpret laws gives the Court a tremendous policy-making power never envisioned by the Framers. However, if the president or members of Congress oppose a particular Supreme Court ruling, they can under-fund programs needed to implement a decision or seek only lax enforcement.
Many Framers viewed the judicial branch of government as little more than a minor check on the other two branches, ignoring Anti-Federalist concerns about an un-elected judiciary and its potential for tyranny. The Judiciary Act of 1789 established the basic federal court system we have today. It was the Marshall Court (1801-1835), however, that interpreted the Constitution to include the Court's major power, that of judicial review.
9.2 The Federal Court System
The federal court system is made up of constitutional and legislative courts. Federal district courts, courts of appeals, and the Supreme Court are constitutional courts.
9.3 How Federal Court Judges Are Selected
District court, court of appeals, and Supreme Court justices are nominated by the president and must also win Senate confirmation. Important criteria for selection include competence, ideology, rewards, pursuit of political support, religion, race, ethnicity, and gender.
9.4 The Supreme Court Today
Several factors influence the Court's decision to hear a case. Not only must the Court have jurisdiction, but at least four justices must vote to hear the case. Cases with certain characteristics are most likely to be heard. Once a case is set for review, briefs and amicus curiae briefs are filed and oral argument is scheduled. The justices meet in conference after an argument to discuss the case; votes are taken; and opinions are written, circulated, and then announced.
9.5 Judicial Philosophy and Decision Making
Judges do not make decisions in a vacuum. In addition to following the law of previous cases, other factors, including personal philosophy and ideology, have extraordinary impact on how judges decide cases. Public opinion may also play a role in some cases.
9.6 Toward Reform: Power, Policy Making, and the Court
The Supreme Court is an important participant in the policy making process. The power to interpret laws gives the Court a tremendous policy-making power never envisioned by the Framers. However, if the president or members of Congress oppose a particular Supreme Court ruling, they can under-fund programs needed to implement a decision or seek only lax enforcement.