Chapter 13: The Courts
Chapter 13 Review
CHAPTER SUMMARY 13.1
Guardians of the Constitution and Individual Rights
From humble beginnings, the judicial branch has evolved over the years to a significance that would have been difficult for the Constitution’s framers to envision. While they understood and prioritized the value of an independent judiciary in a common law system, they could not have predicted the critical role the courts would play in the interpretation of the Constitution, our understanding of the law, the development of public policy, and the preservation and expansion of individual rights and liberties over time.
RECALL KEY TERMS
CHECK YOUR UNDERSTANDING
THINK CRITICALLY
Explain one positive and one negative aspect of the lifetime term of office for judges and justices in the federal court system. Why do you believe the constitution’s framers chose lifetime terms?
CHAPTER SUMMARY 13.2
The Dual Court System
The U.S. judicial system features a dual court model, with courts at both the federal and state levels, and the U.S. Supreme Court at the top. While cases may sometimes be eligible for both state and federal review, each level has its own distinct jurisdiction. There are trial and appellate courts at both levels, but there are also remarkable differences among the states in their laws, politics, and culture, meaning that no two state court systems are exactly alike. The diversity of courts across the nation can have both positive and negative effects for citizens, depending on their situation. While it provides for various opportunities for an issue or interest to be heard, it may also lead to case-by-case treatment of individuals, groups, or issues that is not always the same or even-handed across the nation.
RECALL KEY TERMS
CHECK YOUR UNDERSTANDING
THINK CRITICALLY
Which court would you consider to be closest to the people? Why?
CHAPTER SUMMARY 13.3
The Federal Court System
The structure of today’s three-tiered federal court system, largely established by Congress, is quite clear-cut. The system’s reliance on precedent ensures a consistent and stable institution that is still capable of slowly evolving over the years—such as by increasingly reflecting the diverse population it serves. Presidents hope their judicial nominees will make rulings consistent with the chief executive’s own ideological leanings. But the lifetime tenure of federal court members gives them the flexibility to act in ways that may or may not reflect what their nominating president intended. Perfect alignment between nominating president and justice is not expected; a judge might be liberal on most issues but conservative on others, or vice versa. However, presidents have sometimes been surprised by the decisions made by their nominees, such as President Eisenhower was by Justice Earl Warren and President Reagan by Justice Anthony Kennedy.
RECALL KEY TERMS
CHECK YOUR UNDERSTANDING
THINK CRITICALLY
Do you believe federal judges should be elected rather than appointed? Why or why not?
CHAPTER SUMMARY 13.4
The Supreme Court
A unique institution, the U.S. Supreme Court today is an interesting mix of the traditional and the modern. On one hand, it still holds to many of the formal traditions, processes, and procedures it has followed for many decades. Its public proceedings remain largely ceremonial and are never filmed or photographed. At the same time, the Court has taken on new cases involving contemporary matters before a nine-justice panel that is more diverse today than ever before. When considering whether to take on a case and then later when ruling on it, the justices rely on a number of internal and external players who assist them with and influence their work, including, but not limited to, their law clerks, the U.S. solicitor general, interest groups, and the mass media.
RECALL KEY TERMS
CHECK YOUR UNDERSTANDING
THINK CRITICALLY
What do the appointments of the Supreme Court’s two newest justices, Neil Gorsuch and Brett Kavanaugh, reveal about the changing selection process for the high court?
CHAPTER SUMMARY 13.5
Judicial Decision-Making and Implementation by the Supreme Court
Like the executive and legislative branches, the judicial system wields power that is not absolute. There remain many checks on its power and limits to its rulings. Judicial decisions are also affected by various internal and external factors, including legal, personal, ideological, and political influences. To stay relevant, Court decisions have to keep up with the changing times, and the justices’ decision-making power is subject to the support afforded by the other branches of government in implementation and enforcement. Nevertheless, the courts have evolved into an indispensable part of our government system—a separate and coequal branch that interprets law, makes policy, guards the Constitution, and protects individual rights.
RECALL KEY TERMS
CHECK YOUR UNDERSTANDING
THINK CRITICALLY
The shirking of jury duty is a real problem in the United States. Give some reasons for this and suggest what can be done about it.