Are the Federal Courts too Powerful? Chapter 16 Final Theme
Reviewing Decisions in SCOTUS Use the research of the Justice you were assigned to analyze & to determine the following: a) List the justice that you were assigned. b) What is the basic judicial philosophy of this justice? c) Cite a specific example of the justice using the philosophy identified in part b) by stating the name of the case and the basic facts concerning the case. d) Explain the justice’s ruling and how it relates to the judicial philosophy you chose in part b).
Arguments for Judicial Activism Courts should correct injustices when other branches or state governments refuse to do so Courts are the last resort for those without the power or influence to gain new laws Courts give the minority a chance to assert their rights, especially when traditional measures have failed.
Arguments Against Judicial Activism Judges lack expertise in designing and managing complex institutions Initiatives require balancing policy priorities and allocating public revenues Courts are not accountable because judges are not elected
Checks on Judicial Power Judges have no enforcement mechanisms Worcester v. GA Confirmation and impeachment proceedingsimpeachment Changing the number of judges Reconstruction ups & downs FDR Court Packing Scheme Revising legislation Amending the Constitution Altering jurisdiction Restricting remedies
Public Opinion and the Courts Defying public opinion frontally may be dangerous to the legitimacy of the Supreme Court, especially elite opinion. Bush v. Gore and the 2000 Election (Mr. Banno video) Bush v. Gore and the 2000 Election Opinion in realigning eras may energize court Review examples in the eras of the SC Public confidence in the Supreme Court since 1966 has varied with popular support for the government generally
Figure 16.3: Patterns of Public Confidence in the Court
The “least dangerous” branch? Why should members of the federal judiciary serve for life? Did the Framers intend for the SC to have the power of judicial review? How should a justice interpret the law? Activist vs. Strict Constructionist?
Schizophrenia: Debating our Culminating Discussions: Make an argument for each statement, then make an argument to refute the statement: Congress is the most powerful branch The President has too much power The Bureaucracy runs the country The Supreme Court’s power of Judicial Review is undemocratic The principles of separation of power & check and balances make our government “more perfect” than most other nations
Corners Debate Go to the corner that you agree with for each statement. Debate the topics. Templates due by 3:00 p.m. tomorrow! Test is Thursday. Covers Chapter 15 on Bureaucracy & Chapter 16 on the Federal Judiciary. See website for hints and to review power points. Screen casts are up for the bureaucracy intro. Each video is about 5 minutes long.