AP GoPo: Ch 06 --> The Judiciary by https://padlet.com/gyarnall/APGOPO_ch06 Made with a creative frenzy en-us 2018-04-25 15:09:44 UTC 2025-10-03 00:15:31 UTC hello@padlet.com One gyarnall https://padlet.com/gyarnall/APGOPO_ch06/wish/255343743
  • “least dangerous to the political rights of the Constitution.” --Federalist #78
  • Why is the judicial branch referred to as the "balancing branch?"
  • Differences between civil and criminal law
    • adversarial
  • Is a plea bargain fair?
  • Why is the judiciary referred to as the passive branch?
  • Justiciable disputes
  • "The federal judiciary has also been reluctant to hear disputes on powers the Constitution explicitly assigns to Congress or the president."
    • Attorney General
    • Solicitor General
    • ]]>     2018-04-25 17:06:33 UTC https://padlet.com/gyarnall/APGOPO_ch06/wish/255343743     gyarnall https://padlet.com/gyarnall/APGOPO_ch06/wish/255348254 2018-04-25 17:15:12 UTC https://padlet.com/gyarnall/APGOPO_ch06/wish/255348254 Two gyarnall https://padlet.com/gyarnall/APGOPO_ch06/wish/255349714
  • Level one: District Courts--TRIAL courts
  • Level two: Circuit Court of Appeals
  • Level three: Supreme Court
    • "the court of last resort" (hey that rhymes)

    • STATE COURTS
    • formatted in similar ways
    • try the vast majority of cases in the US 

    When can federal courts intervene in the state court system?
    • Application of the Bill or Rights or Federal law
    • Writ of Habeas Corpus jurisdiction.



    ]]>     2018-04-25 17:18:10 UTC https://padlet.com/gyarnall/APGOPO_ch06/wish/255349714     Three gyarnall https://padlet.com/gyarnall/APGOPO_ch06/wish/255353574 Analyze the factors that play an important role in the selecting of judicial nominees.
    • "...And making the proper deductions for the ordinary depravity of human nature, the number must still be smaller of those who unite the requisite integrity with the requisite knowledge." ---A. Hamilton 
    • Washingtonian precedents:
      • ideological allies
      • state representation
        • Senatorial courtesy.
    • Selecting a SCOTUS justice
      • West Wing "The Supremes"
      • Senate judiciary committee (why?)
      • Judicial Activism & Judicial Restraint
        • Can one person want both?
    ]]>     2018-04-25 17:25:33 UTC https://padlet.com/gyarnall/APGOPO_ch06/wish/255353574     Four gyarnall https://padlet.com/gyarnall/APGOPO_ch06/wish/255360103 Trace the process by which Supreme Court decisions are reached and assess influences on the process.

    EIGHT STEPS TO JUDGEMENT
    1. Reviewing Appeals
      • Writ of certiorari
      • in forma pauperis
      • Can come from federal or state courts.
    2. Granting the Appeal
      • How does a case get on the docket?
      • RULE OF FOUR
      • Does denying a writ of certiorari imply agreement or disagreement?
    3. Briefing the Case
      • Who writes the briefs?
      • What is in the briefs?
      • amicus curiae briefs
    4. Holding the Oral Argument
      • informally formal
    5. Meeting in Conference
      • completely private?
    6. Explaining the Decision
      • Dissenting opinion
      • Concurring opinion
    7. Writing the Opinion
      • Who writes the opinion?
    8. Releasing the Opinion
      • Unanimity and Brown v. Bd. of Ed.

    INFLUENCES ON THE COURT
    • The Chief Justice
      • Is he president of the Court?
    • Law Clerks
    • The Solicitor General
    • Citizens & Interested Parties
      • "Decisions involving civil liberties are particularly likely to result in amicus participation."

    AFTER THE DECISION


    ]]>     2018-04-25 17:38:09 UTC https://padlet.com/gyarnall/APGOPO_ch06/wish/255360103     Five gyarnall https://padlet.com/gyarnall/APGOPO_ch06/wish/255368249 Assess the limits on judicial action and the role of the judiciary in a constitutional democracy.

    ]]>     2018-04-25 17:53:23 UTC https://padlet.com/gyarnall/APGOPO_ch06/wish/255368249