7-4: Supreme Court Decisions

Big Idea: Constitutionalism   Enduring Understanding: The design of the judicial branch protects the Supreme Court’s independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice. Learning Objectives: Explain how the exercise of judicial review in conjunction with life terms can lead to debate about the legitimacy of the Supreme Court’s power. Explain how other branches in the government can limit the Supreme Court’s power.

Judicial Philosophy Judicial Restraint Judicial Activism Favor precedent, “original intent” Defer to elected institutions Unlikely to overturn Congress National Federation of Independent Business v. Sebelius (Obamacare ruling) Judicial Activism Role of the courts to correct injustices Courts are the last resort for those without power Coincides with making bold policy decisions Brown v. Board of Education

Role of Public Opinion Supreme Court insulated from direct political pressures Life terms Salaries cannot be reduced Certiorari process—choose its caseload limited public access Awareness of Public Opinion Appointment and confirmation process Constitutional amendments Evading or ignoring rulings Changing appellate jurisdiction Revising legislation Altering number of judges

Role in Policymaking Policy enacted by… Interpreting the Constitution or laws Extending the reach of a law Designing remedies to problems Judicial branch has no enforcement mechanism Attorney General and the Department of Justice (executive branch)