The American Judiciary
I State Courts
1 Local courts /justice of the peace
2 Municipal courts
3 County courts
4 State Courts (jurisdiction: the state) first resort: Circuit courts
District courts
Superior courts
Intermediate appellate courts/ courts of appeals
Appellate Courts: high court of appeals / Supreme Court
Judges either appointed by the Governor and state legislatures or directly elected by the population =questions
II The Federal Judiciary
1 Federal District Courts. 94 federal districts; from 1 to 27 judges.
2 US/Circuit Courts of Appeals. 12 circuits in the US. Each court has from 6 to 28 permanent judges.
Cases between the citizens of the different states
3 The Supreme Court
9 justices appointed for life by the President. Presided over by a Chief Justice.
Original jurisdiction: areas defined by the Constitution (ex cases involving ambassadors, Diplomats or cases in which a state is a party)
Appellate Jurisdiction: Court of Appeals: final arbiter of the construction of the Constitution (Judicial Review)
(must hear the case for ex if a state court of last resort has declared a federal law unconstitional, has upheld a state law or a provision of the state constitution against the challenge that it conflicts with the Federal Constitution or when a US Circuit Court of Appeals has invalidated a state law or provision of a state constitution because of a conflict with a federal law, treaty or the Constitution.
+ also hears cases arising from petitions by claimants (on the increase) and when all state remedies have been exhausted provided “ a substantial federal question” has been raised
+ cases from US Circuit Courts of appeals when decision involves application for interpretation of a federal law, treaty or the Constitution.
Judicial Review: power to judge whether or not an Act of Congress is constitutional (1803. Marbury v. Madison)
III The Supreme Court and Society
1Minority Rights
1896
Plessy vs. Fergusson
1954
Brown vs. Board of Education, Topeka, Kansas
1971
Swann vs. Charlotte Mecklenburg Board of Education
1978
Regents of the University of California vs. Bakke
2 Abortion
1973
Roe vs. Wade (Burger Court, 1969-1986)
3 First Amendment Rights
Religion: 1962
Engel vs. Vitale
Free Speech: 1964
New York Times Co. vs. Sullivan
1989
Texas vs. Johnson
Bill of Rights: 1966
Miranda vs. Arizona
Political Parties
Both Republican and Democratic Parties: traditionally non ideological, highly decentralised, little party discipline.
Decline electoral turnout since the 1950s ( "Independent”)
Decline of voters’ identification with political parties (except time of election, important: personal attributes and issue positions)
Increase of split-ticket voting (esp. since the 1970s)
Democrats tend to be liberal: in favour of programs helping the poor and the unemployed, on the contrary Republicans tend to be in favour of self help, self sufficiency