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Courts 4
pg. 521-27
Question | Answer |
---|---|
4) 1a. What special requirements does the Constitution set for federal judges/justices? | None |
4) 1b. Provide three reasons Presidents typically value the character of their choices. | They reflect on the president and do so for many years, as well as they can effectively represent the president's views. It may also make it easier/harder for Senate to approve |
4) 2a. Provide three ways federal judges (including SC justices) are not a representative sample of the American people. | They are all lawyers, and mostly white males. |
4) 2b. How has the above somewhat changed over time? | More and more women are being appointed to the federal bench. |
4) 3. Explain the connection between partisanship and SC nominations. | Only 13 of 112 members of the SC have been nominated by presidents of a different party. Presidents will nominate with their party |
4) 4a. Why is ideology so important to presidents in nominating judges/justices? | Want people who share their views, so they "pack" the courts wanting more than just "justice", but policies they agree with. |
4) 4b. How can presidents check the ideology of nominees? | Their aides survey candidates' decisions (if they have served on a lower court), speeches, political stands, writings, and other expressions of opinion. |
4) 5. How do federal judges also "play politics" with the nomination process? Provide an example. | They may try to time their retirements so that a president with compatible views will chose their successor, like Justice David Souter retired in2009 so that Obama rather than Bush could name a new justice. |
4) 6a. Although presidents are typically pleased, what can't always be predicted? | Policy inclinations of candidates |
4) 6b. Provide two examples of the above. | Eisenhower was displeased with the liberal decisions of both Earl Warren and William Brennan. George H. W. Bush was disappointed with David Souter who ended up siding with the Court's liberal lock on abortions and other issues. |
4) 7. How has political party tended to influence the decision made by judges? | Republican judges in general are somewhat more conservative than are Democratic judges. |
4) 8a. Approximately how many cases are submitted annually to the SC? | 8000 |
4) 8b. How many do they generally hear? | less than 100 |
4) 9. Explain the rule of four. | If four justices agree to grant review of a case, it is placed on the docket and scheduled for oral argument. |
4) 10a. Define a writ of certiorari. | A formal document calling up the case |
4) 10b. What is its role in the process of the SC accepting a case? | Sometimes the Court will decide a case on the basis of the written record already on file with the Court. |
4) 11. Provide two types of cases likely to be selected by the SC. | Civil liberties or conflict between different lower courts on the interpretation of federal law. |
4) 12a. Who is the solicitor general? | A presidential appointee and the 3rd ranking office in the Department of Justice. In charge of the appellate court litigation of the federal government. |
4) 12b. Who do they represent when arguing before the SC? | The governement |