CHAPTER 12
The Judiciary
Chapter Focus
The purpose of this chapter is to describe the policy-making role of the federal judiciary, in particular that of the Supreme Court. To appreciate the significance of this role, students need basic knowledge about the history of the Supreme Court, the structure and procedures of the federal courts, the nature of controversy over the courts, and the restraints on judicial policy making. After reading and reviewing the material in this chapter, you should be able to do each of the following:
1. Discuss the meaning and significance of judicial review and its relationship to Marbury v. Madison.
2. List and comment on the three eras of varying Supreme Court influences on national policy from
…show more content…
Standing 1. Must be controversy between adversaries 2. Personal harm must be demonstrated 3. Being taxpayer not entitlement for suit 4. Sovereign immunity, but government can waive D. Class-action suits 1. Brought on behalf of all similarly situated—Brown v. Board of Education 2. Financial incentives to bring suit; Congress not addressing issues; profitable for lawyers 3. Need to notify all members of the class since 1974
VI. The Supreme Court in Action A. Oral arguments by lawyers 1. Questions by justices 2. Role of solicitor general 3. Amicus curiae briefs influence as well as legal periodicals B. Conference procedures 1. Role of chief justice 2. Selection of opinion writer 3. Opinions—per curiam, unanimous, majority, concurring, or dissenting C. Voting behavior 1. Blocs on Court are predictable 2. Three blocs: liberal, conservative, and swing
VII. The Power of the Courts A. The power to make policy 1. By interpretation 2. Importance of stare decisis, or precedent, but court will change mind 3. Court’s willingness to deal with “political questions” 4. Judicial “remedies”—may affect thousands or even millions of people B. Views of judicial activism 1. Courts are last resort and correct injustices 2. Courts lack expertise in
In America’s time there have been many great men who have spent their lives creating this great country. Men such as George Washington, John Adams, and Thomas Jefferson fit these roles. They are deemed America’s “founding fathers” and laid the support for the most powerful country in history. However, one more man deserves his name to be etched into this list. His name was John Marshall, who decided case after case during his role as Chief Justice that has left an everlasting mark on today’s judiciary, and even society itself. Through Cases such as Marbury v. Madison (1803) and McCulloch v. Maryland (1819) he established the Judicial Branch as an independent power. One case in particular, named Gibbons v. Ogden (1824), displayed his
Marbury v. Madison has been hailed as one of the most significant cases that the Supreme Court has ruled upon. In this paper, I will explain the origins and background in the case, discuss the major Constitutional issues it raised, and outline the major points of the courts decision. I will also explain the significance of this key decision.
This assignment is meant to explore the landmark Supreme Court decision Mapp v. Ohio. It is the purpose of the essay to examine the facts of the controversy, the arguments offered by the petitioner, and discuss as well the Supreme Court's ruling and its possible impact on precedent. The analysis will conclude with my commentary and opinion in regard to the Mapp decision.
The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican
How did judicial review become an important part of the American court system? (2 points)
Question 1: What is the name of your chosen state-level legislative representative and what is his/her office/position? What is his/her race/ethnicity, gender, and religious affiliation? What political party do they belong to? Do they share your preferred party preference? How long have they been in office?
2. What is the power of judicial review, and why is it so important to our legal system?
Currie, D. (1992), the Constitution in the Supreme Court: The First Hundred Years, 1789-1988, Pges152-155 (Univ. of Chicago).
Discuss the view that the power of the Supreme Court cannot be justified in a
The Federal Court System is one of the most essential and significant functions to help settle a matter. Much work is involved in the application of a body of rules and principals of rulings. The path the Federal Courts have to take in order to be heard by the Supreme Court is a lengthy process. Given millions of disputes every year, it becomes impossible for the Federal Courts to be heard by the Supreme Court. The Supreme Court has jurisdictions that limit the variety of cases that are clearly defined in the Constitution. The Supreme Court has developed specific rules that within the jurisdictions will and will not hear. The Federal Court must show they have extreme and substantial evidence in the outcome of the case. In mootness, the Federal
What are the legacies of the Marshall Court? Which decision do you think has had the most lasting effect on American Government?
A landmark case in United States Law and the basis for the exercise of judicial review in the United States,
The court case of Marbury v. Madison (1803) is credited and widely believed to be the creator of the “unprecedented” concept of Judicial Review. John Marshall, the Supreme Court Justice at the time, is lionized as a pioneer of Constitutional justice, but, in the past, was never really recognized as so. What needs to be clarified is that nothing in history is truly unprecedented, and Marbury v. Madison’s modern glorification is merely a product of years of disagreements on the validity of judicial review, fueled by court cases like Eakin v. Raub; John Marshall was also never really recognized in the past as the creator of judicial review, as shown in the case of Dred Scott v. Sanford.
There have been many complaints and theories of how the Supreme Court has a tendency to act as a "supra-legislature" (Woll 153). It is proposed that the Supreme Court takes the
Even though the courts role in the public policy is not as obvious, courts do play a vital role in the public policy process. One role the courts play in the policy process is by agenda setting. When compared to the legislatures it is somewhat a minor role but a noteworthy one. The main difference between the courts and the legislatures in the agenda setting is the limited problems they can address. One reason for this is because the courts have to wait for the cases to come to them, they cannot seek out cases to address.