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

2. 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

3. 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.

4. 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

5. 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

6. 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?

7. 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

8. Constitutional Debates: The Federalists Versus Anti-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

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

10. 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

11. 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

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

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

14. Popular Reform Proposals
Election of judges
Pro/con
Limited terms of office
“Jurisdiction stripping”
Limits on judicial review

15. FDR’s “Court-Packing” Plan
Alleged court delays resulting from elderly judges
Most decisions handed down were 5-4 against FDR & Congress’ “New Deal” Initiatives
Need for judges with “modern” experience
Authority to add new judges to all federal courts belongs to Congress
Would’ve added 1 justice for every member over the age of 70
Potter Stewart began voting for New Deal plan…”Switch in time that saved nine.”

17. 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

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

19. Does Ideology matter?

20. Assignment Assign court case and template project.
Due Wednesday, April 15th.
Everyone will get a copy of each court case to use in preparing for the final exam.
Read pp Focus on structure, jurisdiction appointments & how cases are heard.
Due Thursday!