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Chapter 14- The Judicial Branch

Chapter 14- The Judicial Branch. General Terms. Common Law- Judges make decisions according to prevailing customs which are then applied to similar situations and become common to nation Precedent- decide new cases with reference to former decisions

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Chapter 14- The Judicial Branch

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  1. Chapter 14- The Judicial Branch

  2. General Terms • Common Law- Judges make decisions according to prevailing customs which are then applied to similar situations and become common to nation • Precedent- decide new cases with reference to former decisions • Stare Decisis- Latin for “to stand on decided cases” sets doctrine for a precedent

  3. Federal Court System

  4. Court Decision

  5. Powers of the Judicial Branch

  6. Warren and Rehnquist • Seen as more liberal • 1953-1969 • Known as conservative • Followed by more conservative appointments • Reduce federal power and states’ rights • Commerce Clause- guns in school zones Articles on my website for more details Chief Justice Earl Warren Chief Justice William Rehnquist

  7. Executive Checks on Judicial Power • Supreme court has no enforcement powers and depend on cooperation of other 2 branches • Andrew Jackson “John Marshall has made his decision; not let him enforce it.” (regarding Worcester v. Georgia) • Appointment of judges- help shape the philosophy of the court • US Solicitor General- presidential appointee who is actively involved in about 2/3 of Supreme Court cases

  8. Legislative Checks on Judicial Power • Appropriate funds to carry out rulings • Propose and pass amendments that overturn court rulings • 14th, 15th, 26th- discrimination • Pass or rewrite laws • Flag burning • Pornography on Internet

  9. Public Opinion • Exert Pressure • State and Local officials enforcement of decisions • Drive agenda of Supreme Court (determine cases that are heard) • Decisions- cautious to make rulings at odds with public opinion

  10. Traditions and Doctrines • Hypothetical Issues • Disputes that arise out of actual cases • Political Question- one that should be decided by the elected branches of government (ex. Gays and lesbians in the military)

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