17 déc. 2009

Publication Séries Télévisées

Publication des actes du colloque


« Les pièges des nouvelles séries télévisées américaines » (Université du

Havre, 17-18 septembre 2009), dans le #6 de la revue GRAAT On-Line :



www.graat.fr <http://www.graat.fr/>




3 déc. 2009

E12 AN1/ANY The American judiciary

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