The Supreme Court has the highest support of the American People
- Least visible
- Assumed to be nonpolitical and objective
- But they ARE political actors

Federalist 78
- Hamilton: "[the court] will always be the least dangerous to the
  political rights of the Constitution."
    - Since they have "no influence over the sword or the purse"
    - Strictly dependent
        - On the executive for enforcement
        - And on legis for appropriations and rules
    - 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