Unit 2 - Judicial Branch Flashcards
Federalist No. 78
This is an essay by Alexander Hamilton that defends the judicial branch and argues that it’s necessary for maintaining balance in the government.
Lifetime Appointments
Judges are appointed for life, meaning they serve until they retire, die, or are removed. This ensures their independence from political pressure.
“The Least Dangerous Branch”
The judicial branch is called this because it doesn’t have the power to create laws or enforce them, just to interpret them. It’s considered less powerful compared to the executive and legislative branches.
Independence of the Judiciary
Judges are meant to be free from influence by politicians, ensuring fair and impartial decisions.
Judicial Review
This is the power of courts to review laws and government actions to make sure they are constitutional. Courts can strike down laws that violate the Constitution.
How does the Court rely on the Executive Branch?
Courts rely on the executive branch (like the police or the military) to enforce their rulings, as they don’t have the power to do it themselves.
Marbury v. Madison
A landmark case that established the principle of judicial review, meaning courts can declare laws unconstitutional.
Article III
This section of the Constitution outlines the powers of the judicial branch, including the establishment of courts and the role of judges.
Stare Decisis
This is the principle that courts should follow past decisions (precedents) when making rulings on similar cases. It helps keep the law stable and predictable.
Ideological Changes on the Court Lead to New/Rejection of Old Precedents
When the court’s makeup changes (for example, with new judges appointed by different presidents), the court may change its stance on certain issues, sometimes rejecting or revising previous rulings. This can lead to new precedents that reflect the judges’ different views or ideologies.
Ability to Issue Controversial/Unpopular Opinions
Justices can make rulings that may be unpopular with the public or politicians. Since they are independent, they can prioritize legal principles over political considerations.
Amicus Briefs
These are legal documents filed by outside parties (like interest groups or individuals) who aren’t directly involved in a case but want to provide information or arguments to influence the court’s decision.
What are the checks on the Judicial Branch?
1.) Congressional Legislation - Congress can pass laws to change the effect of court decisions.
2.) Amendments - The Constitution can be changed to override court rulings.
3.) Judicial Appointments and Confirmations - The president chooses judges, but the Senate must approve them.
4.) Presidential Implementation - The president enforces court decisions, but may not always do so.
5.) Limiting SCOTUS Cases - Congress can decide what types of cases the Supreme Court can hear.
Judicial Activism
Judges make bold decisions and often change laws to address new issues.
Judicial Restraint
Judges avoid changing laws and stick to interpreting existing laws.
Policy and the Branches
Each branch of government (executive, legislative, judicial) has different powers, which creates multiple access points for people or groups (stakeholders) to influence and shape policy. For example, Congress can pass laws, the president can veto them or issue executive orders, and the courts can interpret them.
