American Democracy Now, 2nd Edition (Harrison)

Chapter 14: The Judiciary

Chapter Outline



  1. The Origins of the U.S. Judiciary
    1. The Constitution and the Judiciary Act of 1789: Establishing the Supreme Court and the Federal District Courts
    2. Marbury v. Madison and the Principle of Judicial Review
    3. The Judiciary Act of 1891: Expanding the Federal Courts
  2. The Basis of U.S. Law
    1. Common Law
      1. Historical Basis of Common Law
      2. The Principle of Stare Decisis
    2. Code Law
  3. Sources of U.S. Law
    1. The Federal and State Constitutions
    2. Statutes
    3. Judicial Decisions
    4. Executive Orders
    5. Administrative Law
  4. The Federal Court System
    1. Jurisdiction of Federal Courts
    2. The Structure of the Federal Courts
      1. Federal District Courts
      2. U.S. Courts of Appeals
      3. Special Courts
      4. The U.S. Supreme Court Within the Federal System
  5. Selecting Judges for the Federal Bench
    1. The Senate's Role in Appointment and Confirmation
    2. Judicial Competence
    3. Ideology and Selection to the Bench
    4. Representation of Demographic Groups
  6. The U.S. Supreme Court Today
    1. The Supreme Court's Jurisdiction
    2. Choosing Cases for Review
    3. On the Docket: Considering the Case
    4. Meeting in Conference: The Deliberative Stage
    5. Deciding How to Vote: Voting Blocs on the Court
    6. Writing the Opinion
    7. The Supreme Court Today: The Roberts Court
  7. Judges as Policy Makers
    1. Activism Versus Restraint
    2. Competing Legal Interpretations
  8. Checks on the Courts
    1. The Inner Ring: Legislatures and Chief Executives
    2. The Gatekeepers: Participants in the Judicial Process
      1. Law Enforcers' Checks on the Judiciary
      2. Interest Groups' Checks on the Judiciary
    3. Intra-Court Constraints
    4. The Outer Ring: The Users
Harrison: American Democracy Now, 2nd Edition
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