Judicial Influence and Limits on Power. What happens when a nation gives into emotion, rather than following laws…

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Judicial Influence and Limits on Power

What happens when a nation gives into emotion, rather than following laws…

Political Influinces on Judicial Decisions  Public Opinion: though much less responsive than elected officials, the court has tailored it ’ s decisions  Ex. Brown opinion  Lobbying the Court: ACLU, NAACP- amicus curiae  The justices own beliefs: political backgrounds play a role

Political Influences on Judicial Decisions  The Leverage and limits by public officials (the other branches):  From Congress:  Establishing the courts size and appellate jurisdiction  Congress can rewrite legislation it feels the judiciary has misinterpreted  Ex: National Industrial Recovery Act

Infuinces and Limits on the Courts  Delaying confirmation of judicial nominees  ex: Judiciary Committee with Clinton ’ s nominees  Limiting the courts ability to hear certain kinds of cases (topics)  Proposing amendments: reason for 16 th !  Cannot strike something as “ unconstitutional ” if it ’ s IN THE CONSTITUTION!

Influence and Limits on the Court  Setting justices salaries  Confirmation power  Powers of President:  Judicial appointments: ex. More than 100 federal judgeships by Clinton  Enforcement power: admin. may enforce with much or little vigor! (depending how much the admin. agrees)

What was Jackson ’ s famous quote?  “ John Marshall made his decision, now let him carry it out! ”  Other ways to evade court decisions:  Decisions remanded to a lower court to carry out  State and lower courts might not carry out ( ex. prayer issue, segregation) Thanks, Mr. Prez, now me go West!

I ’ d like to see you in a robe. Harriet Myers dropped out after being scrutinized.

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