What Makes the Federal Judiciary so Powerful? Chapter 16, Theme A

How does the judiciary remain independent if… President appoints judges and justices with the advice and consent of the Senate. Congress sets the number of justices, the jurisdiction and structure of the lower courts, and the salary of the judiciary. Congress can impeach judges

The Third Branch of Government Article III, Section. 1. WHAT IT SAYS: The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.

The Third Branch of Government Article III, Section. 1. WHAT it means: US Supreme Court is the highest Court in the land Congress creates all lower (inferior) courts (Art. I, Sec. 8, Clause 9) Serve for life unless they are impeached Same process as President: HOR then Sen. Receive a nice paycheck that cannot EVER be reduced

Fair & Balanced? How do these provisions create an independent judiciary? How do these provisions promote checks & balances? Who checks to make sure the judicial branch is fair? Do “Infringement versus Accountability” sheet

The Power of Judicial Review Examine Questions. What is the role of the judiciary? Did the Framers intend for the US Supreme Court to have the power of judicial review? Prove it! How & why did the power emerge? What conflicts does this create? What checks are there on this power of judicial review?

Competing Views of Judicial Review Strict Constructionist AKA Judicial Restraint Decisions should be based on the language of the Constitution and the laws themselves Famous Justices: Taney, Black, Scalia Activist AKA Legislating from the Bench Decisions should be based on general principles and applied to modern circumstances Famous Justices: Peckham, Burger, Warren

Constitutional Debates: The Federalists Versus Anti-Federalists Federalists  Courts enforce the will of the people embodied in the Constitution  Judicial independence protects minority rights  Courts have no coercive power Anti-Federalists  Federal courts would have unprecedented independence  Impeachment the only means of removing judges  Courts would have control over Congress

Courts and the Rise of Political Parties: Federalists  Prosecution of administration critics  Federal judges strictly enforced the Sedition Act  New courts diminished states’ authority

Courts and the Rise of Political Parties: Republicans  Abolished the circuit courts and new judgeships  Impeached judges accused of partisanship  Asserted congressional control over courts

Critics of Federal Judicial Authority  Jefferson: Fixed terms for judges  Calls to limit federal review of state court decisions  Defense of state jurisdiction over many cases

Reconstruction and the Federal Courts  Fears of a pro-Southern Supreme Court  Limiting jurisdiction over congressional acts  Reliance on courts to establish federal authority

The Courts in an Industrial Economy  Court injunctions against strikers  Court protection of private economic rights  Supreme Court rejection of economic regulation

Popular Reform Proposals  Election of judges  Limited terms of office  “Jurisdiction stripping”  Limits on judicial review

FDR’s “Court-Packing” Plan  Alleged court delays resulting from elderly judges  Need for judges with “modern” experience  Authority to add new judges to all federal courts

Debate Continues Burger and Warren Courts were judicial activists in the areas of civil rights and judicial rights. Examples: Brown, Gideon, Miranda, Mapp, etc. Rehnquist and Roberts Courts practice more restraint with strict constructionist views. Examples: Morrison, Lopez, etc. DO SHEET TO REVIEW TERMS!! Court today is very divided on many ideological case: Bush v. Gore, TX v. Johnson, Nat. Fed. of Ind. Business v. Sebelius, AZ v. US

The Current Supreme Court: Why so many 5-4 Votes? W. Bush H.W. Bush Clinton Obama Reagan Clinton