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American Government Lecture Five (view source)
Revision as of 14:58, October 14, 2007
, 14:58, October 14, 2007merging am gov styles
American Government
'''American Government'''
'''Fifth Lecture – Judiciary'''
'''Instructor: Andy Schlafly'''
==I. Introduction==
[[Alexander Hamilton]] called the [[federal]] [[judiciary]] the “least dangerous branch” in Federalist Paper No. 78:
[[Alexander Hamilton]] called the [[federal]] [[judiciary]] the “least dangerous branch” in Federalist Paper No. 78:
So what’s all the current fuss over the federal judiciary about? In the past forty years, the federal courts have asserted control over many moral issues: prayer, [[Ten Commandments]], schools, [[abortion]], pornography, the death penalty, and so on. Many now feel that the federal judiciary has become the most dangerous branch, and so far [[Congress]] has done nothing to check its power.
So what’s all the current fuss over the federal judiciary about? In the past forty years, the federal courts have asserted control over many moral issues: prayer, [[Ten Commandments]], schools, [[abortion]], pornography, the death penalty, and so on. Many now feel that the federal judiciary has become the most dangerous branch, and so far [[Congress]] has done nothing to check its power.
==II. The Judiciary==
The Judiciary Act of 1789 established a federal court system that has grown ever since. Now it consists of 94 federal district courts, 13 federal courts of appeals, and one [[United States Supreme Court]].
The Judiciary Act of 1789 established a federal court system that has grown ever since. Now it consists of 94 federal district courts, 13 federal courts of appeals, and one [[United States Supreme Court]].
If you lose before the federal court of appeals, then your last chance is to appeal it to the [[United States]] [[Supreme Court]].
If you lose before the federal court of appeals, then your last chance is to appeal it to the [[United States]] [[Supreme Court]].
==III. The United States Supreme Court==
The [[United States]] [[Supreme Court]] is the final authority on the law. It accepts fewer than 100 cases a year out of 7500 or so. The overall odds of having the [[Supreme Court]] hear your case are barely more than 1%. Generally one side must petition the [[Supreme Court]] for a [[writ of certiorari]] (Latin meaning “to be informed of”). Informally, this is simply known as seeking “cert.” In the few cases that the [[Supreme Court]] agrees to hear, it “grants cert.” to review the case.
The [[United States]] [[Supreme Court]] is the final authority on the law. It accepts fewer than 100 cases a year out of 7500 or so. The overall odds of having the [[Supreme Court]] hear your case are barely more than 1%. Generally one side must petition the [[Supreme Court]] for a [[writ of certiorari]] (Latin meaning “to be informed of”). Informally, this is simply known as seeking “cert.” In the few cases that the [[Supreme Court]] agrees to hear, it “grants cert.” to review the case.
NOTE: The book misspelled current Supreme Court Justice Ruth Bader Ginsburg’s name.
NOTE: The book misspelled current Supreme Court Justice Ruth Bader Ginsburg’s name.
==IV. One’s “Day in Court”.==
I have personally litigated numerous cases over the past ten years. Before long, it became painfully clear to me that both sides in litigation are typically worse off at its end of litigation than at the beginning. In other words, litigation is usually a lose-lose proposition for both sides. So why are so many lawsuits filed?
I have personally litigated numerous cases over the past ten years. Before long, it became painfully clear to me that both sides in litigation are typically worse off at its end of litigation than at the beginning. In other words, litigation is usually a lose-lose proposition for both sides. So why are so many lawsuits filed?
Americans do this because they like their “day in court.” In the old days, someone who felt he was wronged would challenge his opponent to a duel. Within days they would meet at dawn somewhere and try to kill each other, often leaving one dead. That practice was stopped by prosecuting the person who survived for murder. Now this type of dispute is resolved by one person suing the other. Win or lose, at the end they feel received their “day in court” to vent their grievance.
Americans do this because they like their “day in court.” In the old days, someone who felt he was wronged would challenge his opponent to a duel. Within days they would meet at dawn somewhere and try to kill each other, often leaving one dead. That practice was stopped by prosecuting the person who survived for murder. Now this type of dispute is resolved by one person suing the other. Win or lose, at the end they feel received their “day in court” to vent their grievance.
==V. Trial Judges==
When you receive your day in court, you appear before a “trial judge.” He is all-powerful in the courtroom, operating as [[king]] and [[dictator]]. And he may remind you of that frequently.
When you receive your day in court, you appear before a “trial judge.” He is all-powerful in the courtroom, operating as [[king]] and [[dictator]]. And he may remind you of that frequently.
What kind of judge would you be?
What kind of judge would you be?
==VI. Appellate Judges==
Appellate judges have a very different job from trial judges. The appellate judges must establish rules that render justice in the case before them, and in all other cases having similar facts. They need to look beyond the dispute at hand and anticipate justice in future disputes also.
Appellate judges have a very different job from trial judges. The appellate judges must establish rules that render justice in the case before them, and in all other cases having similar facts. They need to look beyond the dispute at hand and anticipate justice in future disputes also.
It’s best to stay off the slippery slope.
It’s best to stay off the slippery slope.
==VII. “Stare Decisis”==
“Stare decisis” means “to stand by that which was decided.” For judges, it means they should decide similar cases in a similar manner. When a precedent is established, “stare decisis” means courts should abide by it. For the [[Supreme Court]], “stare decisis” means it should adhere to its prior rulings.
“Stare decisis” means “to stand by that which was decided.” For judges, it means they should decide similar cases in a similar manner. When a precedent is established, “stare decisis” means courts should abide by it. For the [[Supreme Court]], “stare decisis” means it should adhere to its prior rulings.
Do you think stare decisis should prevent the Court from overturning Roe v. Wade?
Do you think stare decisis should prevent the Court from overturning Roe v. Wade?
==VIII. Issues==
1. Recently a student wore a T-shirt to public school that depicted President Bush as a terrorist. The school authorities told him he could not wear that shirt. He went to court asserting his free speech rights. Who should win?
1. Recently a student wore a T-shirt to public school that depicted President Bush as a terrorist. The school authorities told him he could not wear that shirt. He went to court asserting his free speech rights. Who should win?