1. Chapter 12 The Judiciary 1

2. ENDURING QUESTIONS 1. What is the definition of judicial review? 2. How is the exercise of that power related to political ideology? 2

3. Judicial Review Definition: – The power of courts (federal, state or local) – to uphold or declare unconstitutional – actions of other branches and levels of government 3

4. Two approaches to judicial review Deferential approach – Judges should defer to elected branches in most cases Activist approach – Judges should be the “guardians of the constitution” and protect individual rights from invidious abridgement or denial 4

5. Relationship to political ideology When the government action reviewed Political ideology LiberalConservative Threatens core valuesActivist approach Supports core valuesDeferential approach 5

6. The development of the federal courts National Supremacy – McCulloch v. Maryland (1819) Slavery – Dred Scott decision (1857) Government and the economy – Civil Rights Cases (1883) 14 th Amendment protected property rights against hostile state laws but not individual civil rights Government and equal rights – Brown v. Bd. of Ed. (1954) 6

7. Set precedent for the power of judicial review Expanded the powers of the federal government. John Marshall, chief justice of the United States, 1801-1835 7

8. Economic and civil liberty restrictions overturned by the U.S. Supreme Court (by decade, 1900–2006) Note: Laws include federal, state, and local. Source: Harold W. Stanley and Richard G. Niemi, Vital Statistics on American Politics 2007-2008, 5 th ed., p. 302 (Washington, D.C.: Congressional Quarterly Press, 2008). 8

9. Organization of the federal courts 9

10. Jurisdiction of the federal courts Federal-question cases – concern the Constitution, federal laws, or treaties Diversity cases – involve citizens of different states who can bring suit in federal courts Writ of certiorari cases – An order by a higher court directing a lower court to send up a case for review. 10

11. The Supreme Court in Action Briefs – Amicus curiae briefs Opinions – Majority – Concurring – Dissenting – (per curiam) 11

12. Checks on Judicial Power Congress – Confirmation hearings – Impeachment – Number of judges – Jurisdiction Public Opinion 12