Understanding the Judicial System: Selection of Judges and the Balance of Power

1. Section 3: The Courts and the Public Good • Essential Question: • Explain and Evaluate the process through which someone becomes a judge or a member of the Supreme Court, Describe the terms Judicial Restraint and Judicial activism and identify why these policies are preferred ; identify the three ways that the courts’ power be checked?

2. Section 3: The Courts and the Public Good • How to become a Judge/Supreme Court Justice: • Judges start out as lawyers and are appointed (or chosen by government officials) to serve • Since a judge is allowed to serve for life, they may be promoted to higher courts and possibly the US Supreme Court • These appointments are reviewed by legislature to ensure competency and fairness • Judges are supposed to be neutral and not favor one political party or another

3. Section 3: The Courts and the Public Good • The problem? • Many feel that since Judges serve for life, they have no accountability if they cease serving public good by making poor decisions or avoiding decisions altogether. • This is a slippery slope as there are differing views of what “serving public good is” • Some feel that Judges will be more inclined to serve public good if they are elected • Constitution intended Judges to be impartial to political pressure by not being elected.

4. Section 3: The Courts and the Public Good • Judicial Restraint: • Policy where judges/supreme court justices follow the rules of the constitution only and do not try to make changes beyond deciding if an issue is uncostitutional or not.

5. Section 3: The Courts and the Public Good • Judicial Activism: • Policy where judges/supreme court justices follow the intentions of the constitution (based on their personal beliefs) and use their power to try and address unacceptable conditions or constitutional violations.

6. Section 3: The Courts and the Public Good • Issues raised by judicial activism and judicial restraint: • Federal judges overstep their powers through judicial activism. • If federal judges exercise judicial restraint, then the minority views and rights may go unheard and unprotected.

7. Section 3: The Courts and the Public Good • Ways the courts’ power can be checked: • appointment process of justices (congress must approve) • congressional power to pass amendments • refusal of states or individuals to obey judicial decisions (supreme court relies on executive branch to enforce decisions)