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Chapter 12 The Judiciary

Chapter 12 The Judiciary. ENDURING QUESTIONS. What is the definition of judicial review? How is the exercise of that power related to political ideology ?. Judicial Review. Definition: The power of courts (federal, state or local) to uphold or declare unconstitutional actions of other

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Chapter 12 The Judiciary

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  1. Chapter 12The Judiciary

  2. ENDURING QUESTIONS • What is the definition of judicial review? • How is the exercise of that power related to political ideology?

  3. Judicial Review • Definition: • The power of courts • (federal, state or local) • to uphold or declare unconstitutional • actions of other • branches • and levels of government

  4. Two approaches to judicial review • Deferential approach • Judges should defer to elected branches in most cases • Activist approach • Judges should be the “guardians of the constitution” and protect individual rights from invidious abridgement or denial

  5. Relationship to political ideology

  6. The developmentof the federal courts • National Supremacy • McCulloch v. Maryland (1819) • Slavery • Dred Scott decision (1857) • Government and the economy • Civil Rights Cases (1883) 14th Amendment protected property rights against hostile state laws but not individual civil rights • Government and equal rights • Brown v. Bd. of Ed. (1954)

  7. John Marshall, chief justice of the United States, 1801-1835 Set precedent for the power of judicial review Expanded the powers of the federal government.

  8. Economic and civil liberty restrictions overturned by the U.S. Supreme Court(by decade, 1900–2006) Note: Laws include federal, state, and local. Source: Harold W. Stanley and Richard G. Niemi, Vital Statistics on American Politics 2007-2008, 5th ed., p. 302 (Washington, D.C.: Congressional Quarterly Press, 2008).

  9. Organization of the federal courts

  10. Jurisdiction of the federal courts • Federal-question cases – concern the Constitution, federal laws, or treaties • Diversity cases – involve citizens of different states who can bring suit in federal courts • Writ of certiorari cases– An order by a higher court directing a lower court to send up a case for review.

  11. The Supreme Court in Action • Briefs • Amicus curiae briefs • Opinions • Majority • Concurring • Dissenting • (per curiam)

  12. Checks on Judicial Power • Congress • Confirmation hearings • Impeachment • Number of judges • Jurisdiction • Public Opinion

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