The Judiciary Branch Only in the US do judges play such a large role in policy-making. This activism started with the creation of judicial review (Marbury v. Madison, 1803). * much debate over interpretation of Constitution (strict v. loose) * activism does not correlate to liberal v. conservative Federal Courts - Founders didn’t expect judiciary to play such an active role (Hamilton said the courts were the least dangerous branch and that their authority only limits law, not create it) - federal judiciary evolved toward judicial activism throughout 3 different historical eras (see “Historical Eras of Judiciary” handout)

Structure of the Courts - 2 kinds of federal courts were created by Congress to handle cases that don’t go to the Supreme Court 1. Constitutional Courts - exercise broad judicial powers - judges serve for life - salaries can’t be reduced while in office - ie: District courts (94), Courts of Appeals (12) 2. Legislative Courts - created by Congress for specialized purposes - judges have fixed terms, can be removed - no salary protection - ie: Court of Military Appeals

- all constitutional court judges are nominated by president and confirmed by the Senate * appointees must pass the “litmus test” * a president seeks judicial appointees who share their political ideologies, but there are concerns that this causes too many delays in the Senate’s confirmation of judges - constitutional rulings are based on factors other than just the facts of the case… * judicial behavior (activism, strict v. loose interpretation) * precedent * lawyers’ arguments Checks on Judicial Power - courts rely on others to implement their decisions- if the decision is not highly visible (public) then those affected sometimes choose to ignore the ruling

Congress - have power of confirmation, impeachment, to change the number of judges and giving the president more/less appointment opportunities - Supreme Court decisions can be undone by… * revising legislation * amending the Constitution * altering the jurisdiction of the courts * restricting court jurisdiction - judicial activism has increased in the Supreme Court because * the government has continued to increase in size/scope * idea of judicial activism has become more publicly accepted