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AMERICAN GOVERNMENT: WHat%u2019s insiDe tHe seConD eDition xxiii Engaging stories and images bring the course to life Core concepts are woven together with stories, court case descriptions, photographs, political cartoons, and data 184 CHaPteR 6 %u2022 the Federal Judiciary in this chapter, we discuss the creation of the Court from its inception during the Constitutional Convention to the debates surrounding its role in%u00a0politics today. along the way, we will learn about the function, powers, and limitations of the supreme Court, and we will examine the lasting legacy%u00a0of Chief Justice John Marshall. But first, we begin with the stories of amy Coney Barrett and Ketanji Brown Jackson, which illustrate the hard work,%u00a0determination, and commitment it takes to become a supreme Court justice. Amy Coney Barrett and Ketanji Brown Jackson: Service and Inspiration Amy Coney Barrett was the youngest person on the Supreme Court at the time of her appointment in 2020, following a distinguished legal career. She earned a BA in English from Rhodes College in Memphis, Tennessee, graduating magna cum laude and becoming a member of Phi Beta Kappa, a prestigious academic honor society. 1 Barrett attended law school at Notre Dame, and graduated from law school summa cum laude. Following law school, Barrett clerked first for a DC Circuit judge, and then for Supreme Court Justice Antonin Scalia, before moving on to a private law firm. In 2001, Barrett became a John M. Olin Fellow at Law at George Washington University Law School, and in 2002, she supreme Court Justice amy Coney Barrett (far right) at her confirmation hearing. Her husband, himself a lawyer in private practice, stands behind her, and their seven children are pictured on the left. throughout her career, Justice Barrett, who frequently serves hot lunches at her kids%u2019 school when not working on Court business, 3 has prioritized her family and her Catholic faith. she has noted the challenges that she and other working mothers face pursuing a professional career. DeMetRiUs FReeMan/Getty images supreme Court Justice Ketanji Brown Jackson (center) at her confirmation hearing sitting with her husband, a surgeon, and their two daughters. in a lecture given at the University of Georgia in 2017, Jackson said, %u201cRight now%u00a0.%u00a0.%u00a0. i%u2019m in that peculiar stage of life when i experience near-daily whiplash from the jarring juxtaposition of my two most significant roles: U.s. district judge on the one hand and mother of teenage daughters on the other.%u201d 4 J. sCott aPPleWHite/Getty images (see%u00a0Figure%u00a03.5). In the meantime, teachers, parents, and students are caught in the middle as education policy continues to evolve. Federalism and Public Policy: Management of COVID-19 In late 2019 and early 2020, SARS-CoV-2, an infectious respiratory virus more deadly than the flu, caused a pandemic that quickly spread throughout the United States. As the crisis escalated, the federal government%u2019s response included bans on international travel, efforts to ramp up testing, and legislation providing financial relief for businesses and citizens. 50 By November 2022, the U.S. government had spent $5.2 trillion in response to the d51h$bllhffhf FIGURE 3.5 Per-Pupil Spending in Public Elementary-Secondary School Systems, by State: Fiscal Year 2023 the map shows spending per pupil across the states for grades pre-K through 12. note the large differences in spending across the states. looking at the color variations, is it possible to discern a source of tension in a federal system %u2014 how much some states %u201csubsidize%u201d other states? WA$19.5KIL$20.9KPA$20.0KNY$30.3KAK$21.3KWY$19.9KCA$16.3KID$8.7KMT$15.0KUT$9.5KOK$10.5KMO$13.4KAR$12.4KMS$11.9KAL$12.1KGA$13.3KTN $11.6KMD $18.3KDC $19.0KDE $16.6KNC$10.9KTX$13.7KHI$18.0KLA$13.0KNM$13.2KAZ$9.1KIA15.1KSD$13.0KWI$16.0KSC$14.0KCO NJ $23.9K$15.2KOR$18.1KKS$16.9KNE$16.6KND$17.9KMN$17.2KOH$16.2KME$19.9KMA$22.9KCT$23.5KVT$24.7KNH$19.6KRI$19.6KFL$11.8KMI$14.5KNV$11.1K IN$13.2KVA$15.2KWV$18.3K KY$14.0KLess than $10K$10K to $13K$13K to $16K$16K to $20K$20K to $30KMore than $30K Data from Census Bureau $20.0KAL$12.1KGA$13.3K$11.6KMD $18.3KDC $19.0KDE $16.6KNC$10.9KSC$14.0KNJ $23.9K$23.5KFL$11.8K$13.2KVA$15.2KWV$18.3K KY$14.0KLess than $10K$10K to $13K$13K to $16K$16K to $20K$20K to $30KMore than $30K6.3 %u2022 organization of the Federal Judiciary 201 Considering and Deciding on Cases If the Supreme Court decides to grant cert in a case, it requests briefs from both plaintiff and defendant laying out their full arguments. Interested nonparties may file amicus curiae (%u201cfriend of the court%u201d) briefs to try to influence the Court%u2019s holding. Court clerks will assist the justices in reviewing these briefs. The case is then scheduled for oral argument before the assembled justices, during which each side gets a fixed amount of time (typically half an hour) to present. Supreme Court justices often interrupt and question the lawyers as they present their arguments, and some justices tend to ask more questions than others. Cameras are not allowed in the courtroom during oral arguments, although sketch artists and audio recordings are allowed. After oral argument, the case proceeds to judicial conference, in which the justices meet and vote in secret. Not even their clerks are present. The process can take months, and individual justices can change their votes during this phase. Finally, the Court issues its decision, which is the determination of which side won. In addition to the Court%u2019s decision in a case, justices write opinions that explain their reasoning. The majority opinion lays out the legal reasoning behind the decision of the majority of the justices who prevailed in the case. Under its appellate jurisdiction, the Court may affirm, reverse, or remand the case back to a lower court. 68 The decision and the majority opinion are binding and serve as precedent to guide lower courts in handling similar cases. The chief justice, when in the majority, selects the author of the majority opinion (or writes it themself). If the chief justice is not in the majority, the most senior member of the majority writes the majority opinion. If there is no majority, which typically occurs when many justices disagree on the logic behind a ruling, then a plurality opinion will be written that expresses the views of the largest number of justices who voted together. A justice voting with the majority may also write a concurring opinion . Concurrences are more common when a justice has some differences in logic or reasoning with the other members of the majority but not enough to cause that justice to support the other side. A justice who voted with the minority may write a dissenting opinion . Concurring and dissenting opinions do not serve as precedent and do not carry the weight of the Court behind them. However, if a future Court should revisit precedent due to an ideological shift in the composition of the Court, a dissent may provide a useful record and analysis of why at least one justice thought the Court got it wrong the first time. majority opinion a binding supreme Court opinion, which serves as precedent for future cases. concurring opinion an opinion that agrees with the majority decision but offers different or additional reasoning that does not serve as precedent. dissenting opinion an opinion that disagrees with the majority opinion and does not serve as precedent. this sketch shows the supreme Court hearing oral arguments in 2021 for the first time following the CoViD pandemic. sometimes, justices ask the hardest questions of the side they agree with. Why would justices ask hard questions, even though they have read the briefs and know what each side will likely argue?Bill Hennessy Filled with stories of the people who have impacted and are impacting our understanding of American government This book emphasizes practical applications by opening each chapter with a story from the real world showing how the principles of government have impacted the lives of real people, and how the actions of real people have impacted the government. Additional Video Support Each chapter is accompanied by a brief Concepts and Skills video that provides a deep dive into the key concepts in the chapter and previews what to expect on the exam. Per-Pupil Spending in Public Elementary-Secondary School Systems, by State: Fiscal Year 2023 the map shows spending per pupil across the states for grades pre-K through 12. note the large differences in spending across the states. looking at the color variations, is it possible to discern a source of tension in a federal system %u2014 how much some states PANY$30.3KWI$16.0KOH$16.2KME$19.9KMA$22.9KCTVT$24.7KNH$19.6KRI$19.6KMI$14.5K14 CHaPteR 1 %u2022 american Government and Politics Participatory Democratic Theory Widespread participation in politics is the key to participatory democracy . This includes joining civil society groups , independent associations outside the government%u2019s control. Those who believe in the theory of participatory democracy emphasize the importance of citizen involvement. In Bowling Alone: The Collapse and Revival of the American Community , 14 author Robert Putnam laments the decline of civil society in America. The book%u2019s title refers to the fact that the same number of Americans go bowling as they did in the past, but fewer Americans are joining bowling leagues. This means more Americans are bowling with likeminded friends, instead of joining bowling leagues where they would meet a diverse group of individuals. Putnam argues that fewer Americans are participating in civil society, which is a cornerstone of participatory democracy. When people join groups, they meet others from their communities, develop new perspectives, and are more likely to work for the common good. Critics of Putnam%u2019s argument point out that many people, especially young people, are actively involved in their communities. While they may not be joining traditional organizations like bowling leagues, they are finding new ways to organize and interact for the common good. 15 Pluralist Theory One of the best ways to influence the political process is by joining a group of like-minded citizens. In the 1830s, French writer Alexis de Tocqueville noted something distinctive about U.S. culture: %u201cAmericans of all ages, all conditions, all minds constantly unite.%u201d 16 From this observation comes the expression %u201ca nation of joiners.%u201d Pluralist theory emphasizes the role of groups in the policymaking process. There are thousands of interest groups in America, each advocating for its own interests, such as the National Rifle Association (NRA) and the AARP (formerly known as the American Association of Retired Persons). Those who believe in pluralist theory point out that thousands of groups are competing in the political process. 17 Therefore, it is impossible for one of them to win all of the time. Groups have many ways to influence the government, including contacting government officials, donating to campaigns, and filing lawsuits. Pluralists argue that groups weak in one resource, pluralist theory a theory of democracy that emphasizes the role of nongovernmental groupbased activism in an effort to impact the policymaking process. the brothers in this photo are putting the finishing touches on a Double-Finn killer whale %u201chouse post,%u201d as part of a community art project intended for a new cultural center in Hydaburg, alaska, the seat of the Haida nation. examples of public art projects created by community collectives can be seen in cities and towns across the country. Community groups strengthen democracy because they bring people together around a common interest. Photo by tJ Young participatory democracy a theory that widespread participation in politics and civil society is essential to democratic government. civil society groups independent associations outside the government%u2019s control. Quotes, data, and images help you dig deep into the narrative Learning about American government involves more than memorizing dates and documents. Throughout the chapters, primary source quotes, political cartoons, photos, maps, and data provide vital context for the concepts, cases, and pivotal events that have animated American history. CONCEPTS & SKILLS%u00a9 Bedford, Freeman & Worth Publishers. For review purposes only. Do not distribute.