From 5a4f83855751705eefe1cfc8053acc38d47ec12e Mon Sep 17 00:00:00 2001 From: Holden Rohrer Date: Sun, 18 Oct 2020 17:30:07 -0400 Subject: finished court lectures --- rich/25_courts | 126 +++++++++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 126 insertions(+) (limited to 'rich/25_courts') diff --git a/rich/25_courts b/rich/25_courts index d474467..2cddd33 100644 --- a/rich/25_courts +++ b/rich/25_courts @@ -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 -- cgit