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Govt 2302

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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

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