4.4: The Judicial Branch
Use these slides prepared by Dr. Scott as a reference for taking notes while watching the Judiciary lectures.
Watch these lectures.
Read this chapter. Judges in the United States play a more active role in the political process than they do in most other democracies. Unlike other countries, the US has a dual judiciary - federal and state court systems. In both federal and state courts, individuals must have standing to sue, and must assert a personal injury. Courts decide only justiciable cases, not political questions.
4.4.1: The Constitutional Role of the Judicial Branch
Read Article III, which describes the constitutional role and duties of the judicial branch. As you read, click on the highlighted phrases, which will provide a detailed explanation of each section.
4.4.2: The Development and Organization of the Federal Courts
Read this report on the history, development, and organization of the US federal court system. Compared to the legislative and executive branches, the judicial branch did not receive as much attention in the drafting of the Constitution. The Constitution requires a Supreme Court, which the framers felt was a necessity if the national government were to have the power to make and enforce laws that would take precedence over state laws. As you may recall, the lack of a national court was one of the many shortcomings of the Articles of Confederation. However, the framers left it to Congress to create lower courts (also known as "Article III courts").
Watch this presentation to learn more about the structure of the American federal court system.
4.4.3: The Supreme Court
Watch Professor Chemerinsky's lecture on the Supreme Court. The Supreme Court is the only court that has complete control over the cases that it chooses to hear. Its nine justices dispose of thousands of cases annually, and most of their time is concentrated on the fewer than 100 cases per year that they accept for review. These cases usually deal with substantial federal questions or constitutional issues. The court's decisions and opinions establish guidelines for lower courts around the country.
Watch this presentation to learn more about how Supreme Court justices interpret the law through the competing legal philosophies of judicial restraint versus judicial activism. This lesson also discusses the historic impact of the court's immense power of judicial review, and how they are the final authority on the interpretation of the Constitution.
4.4.4: The Politics of Judicial Confirmation
Read this article, which discusses the constitutional role of the Senate in confirming the President's judicial nominations. The selection of federal judges has always been a significant part of the political process. It makes a difference who serves on the federal courts. The courts have come to play an even more important role in the policy-making process. And as more and more interests - African Americans and women, for example - participate in this process, judicial-selection politics has come front and center on the political stage (which would probably dismay the Founding Fathers, whose goal was to create an independent judiciary free from political passions).
Read this report on the Supreme Court nomination process. Read pages 1-16 carefully, and skim the remainder of the report. Pages 1-16 of the report give a detailed account of the president's role in the filling vacancies on the Supreme Court. The rest of the report explains the Congressional process.
Watch this video, which discusses how the Senate uses the filibuster - the right of an individual to unlimited debate to prevent a vote on a given proposal - as a mechanism to delay floor votes on controversial presidential judicial nominees.
Checkpoint
Answer these ungraded questions to see how well you have understood the course material in this section.