Courts

Question 1

Counter-Majoritarian Difficulty

Answer 1

Def: Problem that arises when judges have authority to say law is not allowed, can go against the majority
Significance: Judges are not elected by the people, so people worry that this is anti-democratic, as is goes against democratic concept of majority rule

Question 2

Judicial Review

Answer 2

Def: The authority of a court to declare legislative and executive acts unconstitutional and therefore invalid
Significance: It gives the Court significant influence on public policy

Question 3

Supremacy Clause

Answer 3

Def: Constitution and national laws are the “supreme law of the land” and the judges in evert state shall be bound thereby, and hedging in the Constitution or laws of any state to the contrary notwithstanding”
Significance: Gives the federal government, especially the Supreme Court, the right to invalidate State laws that challenge Federal laws and/or decisions

Question 4

What is the Least Dangerous Branch, according to Federalist 78?

Answer 4

Federalist 78 was written by Alexander Hamilton. Hamilton argued that the judiciary branch has judicial independence, which established that judges are not under any pressure or influence. This ensures that they will make unbiased decisions that rely on law and evidence. The court assumes judicial review to strike down unconstitutional laws.

Question 5

Marbury V. Madison (1803)

Answer 5

To respond to the lack of jurisdiction, the court generated a precedent for judicial review and began to decide if laws were unconstitutional.

Question 6

Textualism and Originalism (Scalia)

Answer 6

In his reading, Scalia discusses the role and principles of the judiciary in the context of interpreting the law. Scalia argued that the role of the judiciary is limited, and judiciary restraint is necessary. Judges should account the original intent and meanings of the constitution and laws. Scalia warns against judicial activism and a dependence on the use of precedent over the original text of the Constitution.

Question 7

Purposive (“Living Constitution”) (Breyer)

Answer 7

The judiciary should play an active role in promoting the active liberty of citizens. Judges should be cautious about overruling democratic choices unless there is a clear violation. Judiciary should be open to reevaluating and updating past decisions.

Question 8

What is stare decisis?

Answer 8

The precedents should be followed by the lower courts

Question 9

What are the political contraints on the court?

Answer 9

1. Appointment Process: Courts will not be too far from the party in power. It’s not perfect because justices can still choose to make different decisions.
2. Court lacks the ability to implement its decision directly: relies on congress to implement and enforce it onto states. ex. Andrew Jackson Trail of Tears and Brown v. Board
3. Limits on Court Agenda: Courts require cases to be brought to them to make a decision. There is a limit on how many cases a court can handle.
4. Threatening the Court: Congress can override statutory decisions and write a new statute. Congress can also threaten impeachment.

Question 10

Wit of Certiorari

Answer 10

Request that the court order a lower court to send the records of the trial to review it themselves

Question 11

Court Packing Fight (1937)

Answer 11

Roosevelt lost court packing battle because Congress rejected his proposal to expand the court.