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Judicial Influence and Limits on Power

Judicial Influence and Limits on Power. Duck! . What happens when a nation gives into emotion, rather than following laws…. Political Influinces on Judicial Decisions. Public Opinion : though much less responsive than elected officials, the court has tailored it ’ s decisions

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Judicial Influence and Limits on Power

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  1. Judicial Influence and Limits on Power

  2. Duck! What happens when a nation gives into emotion, rather than following laws…

  3. Political Influinces on Judicial Decisions • Public Opinion: though much less responsive than elected officials, the court has tailored it’s decisions • Ex. Brown opinion • Lobbying the Court: ACLU, NAACP- amicus curiae • The justices own beliefs: political backgrounds play a role

  4. Political Influences on Judicial Decisions • The Leverage and limits by public officials (the other branches): • From Congress: • Establishing the courts size and appellate jurisdiction • Congress can rewrite legislation it feels the judiciary has misinterpreted • Ex: National Industrial Recovery Act

  5. Infuinces and Limits on the Courts • Delaying confirmation of judicial nominees • ex: Judiciary Committee with Clinton’s nominees • Limiting the courts ability to hear certain kinds of cases (topics) • Proposing amendments: reason for 16th! • Cannot strike something as “unconstitutional”if it’s IN THE CONSTITUTION!

  6. Influence and Limits on the Court • Setting justices salaries • Confirmation power • Powers of President: • Judicial appointments: ex. More than 100 federal judgeships by Clinton • Enforcement power: admin. may enforce with much or little vigor! (depending how much the admin. agrees)

  7. What was Jackson’s famous quote? • “John Marshall made his decision, now let him carry it out!” • Other ways to evade court decisions: • Decisions remanded to a lower court to carry out • State and lower courts might not carry out ( ex. prayer issue, segregation) Thanks, Mr. Prez, now me go West!

  8. I’d like to see you in a robe. Harriet Myers dropped out after being scrutinized.

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