The Supreme Court Broad Construction: a Which Cases Reach the Supreme Court? judicial philosophy that When two lower courts are in looks to the context and disagreement purpose of a law when When a lower ruling conflicts with making an interpretation. court’s an existing Supreme Court ruling Policymaking When a case has broad significance (as in and the Courts desegregation or abortion decisions) Judicial Activism versus Judicial Restraint When a state court has decided a The Doctrine of Judicial substantial federal question Restraint respectful to – Which Cases Reach the Supreme Court? precedent and should defer the (cont.) judgment of the legislatures When the highest state court holds a Compliance federal law invalid, or upholds a state law The Doctrine of Judicial that has been challenged as violating a Activism courts should develop – federal law new legal principles, even if this When a federal court holds an act of action places them in conflict with Congress unconstitutional policy decision of elected When the solicitor general is pressuring officials. the Court to hear a case * Imagine: Brown v. Board of Federal and State Education (1954) in both Court Systems scenarios. Deciding Cases Political Influences on Judicial Once the Court has decided to accept a Decisions case, both parties in the case will submit Outside Influences on Court Decisions legal briefs and (usually) make oral Brown 1954 all – “With arguments. Court deliberate speed” If the Court is unanimous in the ruling, tailored its ruling to gain one justice will be assigned to write the popular support or opinion of the Court. If the justices are dampen public resistance divided on the reasoning of the outcome, Strict Constructionism: apply a there will be a majority opinion and narrow interpretation of the law dissenting opinions. Loose Constructionism: apply an The Selection expansive interpretation of the law of Federal Judges Inside Influences: The Justices’ Own Judicial Appointments Political Beliefs Federal District Court Judgeship Judicial Power and Democratic Nominations Government Federal Courts of Appeals The Debate over the Proper Role of the Appointments Judiciary Supreme Court Appointments The Doctrine of Judicial Partisanship and Judicial Appointments Restraint respectful to – The Role precedent and should defer the Senate’s Policymaking judgment of the legislatures and the Courts Compliance Judicial Review: the power of the Brown v. Board of courts to determine whether a law Education (1954) or action by the other branches of The Doctrine of Judicial government is constitutional Activism courts should develop – Strict Construction: a judicial philosophy new legal principles, even if this that looks to the of the when action places them in conflict with “letter law” interpreting the Constitution or a policy decision of elected particular statute. officials.
The Supreme Court Which Cases Reach the Supreme Court? When two lower courts are in disagreement When a lower court’s ruling conflicts with an existing Supreme Court ruling When a case has broad significance (as in desegregation or abortion decisions) When a state court has decided a substantial federal question Which Cases Reach the Supreme Court? (cont.) When the highest state court holds a federal law invalid, or upholds a state law that has been challenged as violating a federal law When a federal court holds an act of Congress unconstitutional When the solicitor general is pressuring the Court to hear a case Federal and State Court Systems Deciding Cases Once the Court has decided to accept a case, both parties in the case will submit legal briefs and (usually) make oral arguments. If the Court is unanimous in the ruling, one justice will be assigned to write the opinion of the Court. If the justices are divided on the reasoning of the outcome, there will be a majority opinion and dissenting opinions. The Selection of Federal Judges Judicial Appointments Federal District Court Judgeship Nominations Federal Courts of Appeals Appointments Supreme Court Appointments Partisanship and Judicial Appointments The Senate’s Role Policymaking and the Courts Judicial Review: the power of the courts to determine whether a law or action by the other branches of government is constitutional Strict Construction: a judicial philosophy that looks to the “letter of the law” when interpreting the Constitution or a particular statute. Broad Construction: a judicial philosophy that looks to the context and purpose of a law when making an interpretation. Policymaking and the Courts Judicial Activism versus Judicial Restraint The Doctrine of Judicial Restraint – respectful to precedent and should defer the judgment of the legislatures Compliance The Doctrine of Judicial Activism – courts should develop new legal principles, even if this action places them in conflict with policy decision of elected officials. * Imagine: Brown v. Board of Education (1954) in both scenarios. Political Influences on Judicial Decisions Outside Influences on Court Decisions Brown 1954 – “With all deliberate speed” Court tailored its ruling to gain popular support or dampen public resistance Strict Constructionism: apply a narrow interpretation of the law Loose Constructionism: apply an expansive interpretation of the law Inside Influences: The Justices’ Own Political Beliefs Judicial Power and Democratic Government The Debate over the Proper Role of the Judiciary The Doctrine of Judicial Restraint – respectful to precedent and should defer the judgment of the legislatures Compliance Brown v. Board of Education (1954) The Doctrine of Judicial Activism – courts should develop new legal principles, even if this action places them in conflict with policy decision of elected officials.