supreme court building
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DESCRIPTIONSupreme Court Building. Supreme Court. Holy temple with priests wearing black robes. Very strange in a democracy Perception of Judges as non-political What role should an unelected institution play in a democracy? . Constitutional Debate. Hamilton, Fed #78 the least dangerous branch - PowerPoint PPT Presentation
Supreme Court Building
Supreme CourtHoly temple with priests wearing black robes. Very strange in a democracyPerception of Judges as non-politicalWhat role should an unelected institution play in a democracy?
Constitutional DebateHamilton, Fed #78the least dangerous branchholds neither the purse nor the swordLifetime appointmentBrutus, Anti-federalistunelected judiciary no room for appeal all powerful expansive judiciary which will subvert state rights
Imperial Judiciary or Least Dangerous Branch?What is judicial review?Can the Appeal and Circuit courts exercise judicial review?Are there any constitutional limits on judicial review?Can congress or president overturn ruling with 2/3rds vote? 3/4ths votes?Does it happen very often? Why?
How does a case get to the Supreme Court?How many cases does the Supreme Court hear per year?What procedure do judges use?What happens if Supreme Court does not hear a case?Why do the justices agree to hear one case and not another?How much discretion do they have?What are political questions?
How the Court DecidesOral argumentConferenceOpinion writingForming a majorityBrown v. Board of EducationWhat are you doing for LunchCall me a second rate intellect will youDissents and concurring opinionsRemedies
How do Justices decide?Leaning LeftDavid H. Souter, Stephen G. Breyer and Ruth Bader, Ginsburg voted together 62%Leaning RightAnthony M. Kennedy, Sandra Day O'Connor and William H. Rehnquist voted together 64 %LeftJohn Paul Stevens dissents on of casesRight Thomas and Scalia voted together 82%
Confirmation MessOriginal Intent/Judicial RestraintLimits of Judicial Power
Nominating SC JusticesWhat is the constitutional process?How and why has it changed in recent years?The kabuki dance of advice and consentClarence Thomas- I have never thought about Roe v. Wade. If I did though, I wouldnt tell you.Start of the Retirement/Death Watch
SCs Appointment ProcessPresident nominates, Senate confirms based on advice and consentConstitution is removed from political processNot elected; Senate not houseProcess has changed, become more politicalNixon southern strategy, Reagan Relig Right Litmus tests for appointmentsCampaigns for confirmation
Litmus test for SC NomineesNoJudicial skillsUndermines constitutional systemNo reason to treat courts decisions as authoritativeYesEveryone else is doing itProcess has always been politicalIndependence comes after nomination
Consequences of Confirmation MessThe kabuki dance of advice and consentClarence Thomas- I have never thought about Roe v. Wade. If I did though, I wouldnt tell you.Increased delaysReduced activityRobo or Techno JudgesThurgood Marshall vs. Clarence Thomas
Political Checks on JudiciaryPresidentsCongress The Tom Delay viewJudicial VigilantesHow have judicial conservatives attempted to restrain the court?
Interpreting the ConstitutionWhat does original intent mean? Judicial restraint?How do you identify original intent?Why should judges use original intent?What are the arguments against original intent? Do conservative justices practice what they preach?
Brown v. Board of EducationHow did Justices take political considerations into account?Why did they do it?What were consequences?
ImplementationCourts have few tools to force compliance with rulingsImplementation through the CourtsGideon v. Wainwright Implementation through statesEngel v. Vitale Brown v. Board
Limits on Judicial ReviewAre Self ImposedJudicious use of powerRefuses to get involved in Political questionsDelays rulings till controversy dies downRoche-- The courts power has been maintained by a wise refusal to employ it in unequal combat
Conclusionthe least dangerous branch or an imperial judiciary? The Tom Delay viewBut . . . a government of limited powers a written constitution the court exercises a good deal of restraint possible to impeach judges