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authorHolden Rohrer <hr@hrhr.dev>2020-10-18 17:30:07 -0400
committerHolden Rohrer <hr@hrhr.dev>2020-10-18 17:30:07 -0400
commit5a4f83855751705eefe1cfc8053acc38d47ec12e (patch)
tree495212ee8a2bebde989a0f078dc4af3edce9a856 /rich/25_courts
parent80ea87bf03ecb6838851ac5fce81959dd9604b83 (diff)
finished court lectures
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@@ -13,3 +13,129 @@ Federalist 78
- Means it doesn't need to be elected/representative
- Independent protectors can be nominated for life
But it might not really be as weak/unpotent as Hamilton believed.
+
+American Law based on English legal system
+- Common Law: judge-made law based on customs and eventually precedent
+- Stare decisis: stand on decided cases
+- Establishes efficient and stable judgments
+- Alternative: Code Law establishes judicial range, precedent irrelevant
+Federal Court System
+- based on "concurrent powers"
+ - a power that both states and feds have
+- Article III Section 1
+- designed to punish guilty parties
+ - fed courts are more punitive than states
+- Do Federal Courts have authority?
+ - Involves a "federal question"
+ - Federal question: based in part or in whole on Constitution,
+ federal law, or international treaty
+ - Diversity of citizenship: parties in different states
+ - or sue citizen of another country, but having legal
+ standing in int'l courts is improbable
+ - $75,000 must be in contest
+- Must also have "standing to sue"
+ - Real harm has to be committed
+
+Selection of Federal Judges
+- State courts have various methods: appoint, confirm, vote
+- Federal courts are only appointed by the president
+- Longlasting impact of presidents
+ - Ex: Byron White served under 8 presidents
+ - 2016/2020 are super important because justices are dying
+ - Trump winning might make 7-2 Repub majority for 20-30yrs
+ - Biden winning might mean 5-4 or 5-4 swing for dems.
+- The court has become more strategic and political since FDR and in the
+ last 30 years.
+- Bush administration packed the courts with very conservative nominees
+ to push the country in a conservative direction
+ - Obama administration did similar w/ liberal, progressive judges in
+ lower courts
+ - SC nominations have become less and less about cross-party vetting
+ in the Senate
+- Political Party is a huge consideration, esp. in SC
+ - less important for lower courts
+- Importance of Ideology
+ - presidential nominations are based on certain ideological issues
+ - Ex: Trump's main points are Roe v Wade and healthcare/individual
+ mandate
+Three-tiered court model
+- US District Courts
+ - 94 Districts
+ - Districts are distributed evenly on geographic population
+ - Minimum one per state
+ - First entry of civil/criminal case into court
+ - May see an appeal
+- US Court of Appeals
+ - 13 Courts
+ - Panel of Judges
+ - Mostly organized as covering several US district courts
+ - Thirteenth circuit court covers ALL fed gov't cases
+ - Procedural "how was the law applied?" not about case evidence
+- US Supreme Court
+ - 9 justices with lifetime appointments
+ - Many appelate cases are appealed, but SC chooses which cases
+ it will hear.
+ - It hears both "original" (first) and appellate cases (from US
+ circuit court)
+ - More typical style trial than appellate court
+ - Lawyers have to be certified to argue cases in front of SC
+ - Consider how the cases fit into larger picture of US
+ constitutionalism, legal system
+ - SC has limited time Oct--June
+US Supreme Court
+- Why would the Supreme Court select a case?
+ 1 Lower courts disagree
+ 2 Ruling conflict: appellate or district court conflicts w/ existing
+ SC doctrine
+ 3 "Broad Significant:" broad implications of a case's precedent
+ Not a guarantee---sometimes SC lets district/appeals have juris
+ 4 Substantial federal question: taking over jurisdiction from a
+ state court ruling over fed legislation or constitution
+ 5 Laws invalid (federal): e.g. SC of Georgia invalidates federal law
+ Almost guaranteed
+ 6 Acts of Congress: unconstitutional laws
+ Requires a case to go through the fed court system still
+ 7 Solicitor General can demand the SC immediately review case
+ Speeds up and lowers threshold to SC
+ "Rule of four": four justices can choose to see
+
+Supreme Court decisions
+- Decisions are made on "Points of Law" not facts
+- The final decision is backed by Majority Opinion
+- Dissenting Opinions describe why justices ruled against majority
+ - Name conditions for a basis of a Reversal
+Policymaking
+- "Judicial Review": review Congressional policies on Constitutional
+ bases
+- Judicial Activism
+ - Use power to direct policy toward a desired goal
+ - Broad view of Constitution
+- Judicial Restraint
+ - Rarely use power of judicial review
+ - Limit judicial action in political process
+- Since WW2, the SC has tended to be Active
+O'Brien's "The Court in American Life"
+- The Court reflects (imperfectly) the political culture
+ - Political cycles: people are a bit left-of-center now
+ - Public opinion
+- Brown v. Board of Education
+ - Political cycle realized that "separate but equal" didn't work
+ - Delayed decision, deadlines allowed for a shift in public opinion
+ - Because it wouldn't have been implemented earlier
+ - Argues the Court is aware of its legitimacy and likelihood of
+ compliance
+ - The Court "sparks" action
+What checks our courts
+- The courts are more powerful than the Founders thought
+- Executive Checks
+ - Judicial Implementation: executive enforces court decisions
+ - Power of Appointment - political presidents/executives can
+ (slowly) affect the Supreme and lower courts, making the Court a
+ bit political too
+- Legislative checks
+ - New bills and Amendments
+ - like court packing
+- Public Check
+ - Because Supreme Court can't do anything without support, the Court
+ needs to maintain its legitimacy with the people
+ - but people don't pay attention to it