Unit 5 Judicial Branch Flashcards
5.1 How does the principle of judicial review impact the role of the Supreme Court?
Judicial review refers to the right of federal courts to declare an act of Congress or of the Executive Branch unconstitutional
The role of the Supreme Court is to ensure the the laws and actions of the president and Congress and constitutional
5.2 Explain how the exercise of judicial review in conjunction with life tenure can lead to controversy about the legitimacy of the Supreme Court’s power.
Judicial Review gives the Judiciary Branch increasing power since its decisions are hard to overturn
Life Tenure creates huge debates when Supreme Court justices are appointed since Presidents will appoint judges that match their political agendas
When combined together judicial review and life tenure lead to controversy and some presidents refuse to enforce Supreme Court decisions and Congress will rewrite laws to get around court decisions
5.3 What are the most significant limits on the power of the Supreme Court?
-Court has no police power, relies on executive authorities to enfore rulings
-Executive branch appoints federal and Supreme Court justices
-Congress may impreach judges
-Congress may amend the constitution to overturn a ruling
-Limited by the constitution itself
Appellate Jurisdiction
they can only hear cases that have already been through a lower court
writ of certiorari
Petition to the supreme court which is reviewed by clerks and justices
Federalist no. 78 Alexander Hamilton
addressed these concerns and explained why life tenure was so important to in keeping the judiciary independent
Executive Power on Judicial Branch
The appointment of federal judges and Supreme Court. The Senate must confirm presidential appointments to federal courts
Constitutional amendments are the most effective way to limit Supreme Court power because ________.
they change the standards by which the court evaluates laws
