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Courts (The Supreme Court (Judicial Review (Marbury v Madison (1803)…

- - - - Court follows constitution not law
      - Supreme court has final word on constitution
      - Can shut down all laws if violates the constitution
    - - Supreme court can undo work of representative institutions
        
        Less than 1% of laws shut down
        
        Posibility is there
        
        Forces authors thinking about constitution
  - - - Chief Justice Roberts (W. Bush, 2005)
      - Kennedy (Reagan, 1988)
      - Thomas (H.W. Bush, 1991)
      - Ginsburg (Clinton, 1993)
      - Breyer (Clinton, 1994)
      - Altio (2005)
      - Sotomayor (2009)
      - Kagan (2010)
      - Gorsush (Trump 2017)
  - - - Original Juristrictions
        
        State vs Federal
        
        State vs State
        
        Rare
      - Appeals
        
        8000 appealed
        
        Less than 100 accepted
        
        Most cases (95%) are taken when the party that lost in lower court files a petition asking the Supreme Court to hear the case and the Court issues a Cert (writ of certiorari) accepting the case
        
        How court chooses the case
        
        Considerations
        
        Is the federal government a party in the case?
        
        Is the case a good vehicle for the Court to make a decision
        
        Good for precedent
        
        Is there conflict between lower court rulings
        
        Does the case involve a constitutional ruling
        
        Cert pool
        
        Law clerks screen cases and make recommendations to justices
        
        Each justice has their own
        
        Rule of 4
        
        4 justices must agree to hear your case
      - How does a case proceed through the Court?
        
        Docket
        
        Court's schedule for the session
        
        Written Brief
        
        Long formal argument supporting your side
        
        Read by justice & clerks
        
        Aminus brief also submitted
        
        Third party showing their side of the story
        
        Oral argument
        
        Each side gets 30 minutes before the court
        
        How a Decision is made
        
        Conference
        
        Justices meet in private to discuss case
        
        Ends in unofficial "straw vote"
        
        Im leaning this or that way
        
        Opinion draft
        
        Justices assigned to write majority opinion
        
        Other types written
        
        Dissenting
        
        Concurring
        
        Final vote
        
        Justices sign onto an opinion
        
        All opinions made public record
        
        Influences on Justices' Decisions
        
        Precedent (Stare Decisis)
        
        What have courts done before in related case
        
        Not rule but guiding principle
        
        Facts of the case
        
        Outside information
        
        Science, etc.
        
        Personal Opinion & Ideology
        
        Attitudinal model
        
        Anticipation of consequences
        
        Stragetic model
        
        Interpretation of constitution
        
        Strict construction :warning:
        
        Literal Interpretation
        
        1 more item...
        
        Living Constitution
        
        What would founders think today?
        
        Original Intent
        
        What did the founders mean when they wrote the constitution
        
        Beliefs about the role of the court
        
        Judicial Activism
        
        Court should assert its interpretation of law, even if it overrules elected branches
        
        Judicial Restraint
        
        Courts role is to interpret laws, not make them
        
        Court should defer to elected branches
  - - - 1/3rd of its decisions against the majority opinion
    - - The public doesn't pay attention enough
  - - - No power of the
        
        Purse
        
        Sword
- - - - Constitution also says that Congress can create other courts
    - - Sets number of Supreme court judges at 6
      - Sets up district & appellate courts
    - - Number of Supreme court judges
        
        Ranged from 6-10
        
        Since 1869, 9 Supreme court judges
      - Confirmation Process
        
        Over time, there's a pattern of increased delays in the confirmation process & an increase in the numbers of nominees who are not confirmed by the Senate
  - - - Either
        
        Elected in partisan/non partisan
        
        Appointment by governor or state legislator
      - Mixed systems
        
        Appointed but then retention election
    - - All judges appointed by president & confirmed by senate
        
        So much vacancies
        
        Rubber stamp
        
        Hella debate
      - Senatorial (not supreme)
        
        Norm where president would consult with same party senators in the region for list of suggestions
        
        In decline
      - Trend of confirmation process taking longer
  - - - Exists both in State & Fed
        
        District court (or trial)
        
        Most active
        
        Hear Evidence
        
        Trial by Jury
        
        Appeals Court
        
        Revisit previous case
        
        No new evidence
        
        Multiple judges instead of jury
        
        Final Appeals Court
        
        Supreme court
        
        Case heard by judges
        
        State cases get moved up to federal if
        
        Between states
        
        Constitutional
    - - Two tiered system
        
        Federal: Only deals with issues related to federal & constitution
        
        State: deals with state charges; a lot more cases
    - - Criminal
        
        Violation of public order
        
        Beyond a reasonable doubt
        
        State V ...
      - Civil
        
        Between private citizens
        
        Most evidence towards a party
        
        Easier bar to hit
- - - - Just a general rundown of how court stuff works