1. Judicial Power: An Introduction

2. "There is hardly a political question in the United States which does not sooner or later turn into a judicial one." Alexis de Tocqueville

3. Nature of Judicial Power What Makes Judicial Power Unique? Dispute resolution –Deciding application of law in cases –The “Power of the Scale” Supremacy clause –Interpretation of constitutional and statutory law –Judicial review Marbury v. Madison Judicial activism v. Judicial restraint Weakest branch, according to Federalist –“the least dangerous to the political rights of the Constitution –It will be least in a capacity to annoy or injure them” –Contributes to “good behavior” argument

4. Sources of Law and Judicial Power Common Law –Connected to prevailing custom –English Legal tradition Norman conquest and the curia regis Precedent Stare decisis –Spanish Legal tradition generally similar Source of common law in Texas –Not all states recognize a common law tradition Louisiana Kentucky Constitutional law –US Constitution –State Constitutions

5. Sources of Law and Judicial Power Statutory and Administrative Law –Public Policy Cycle at Federal and State levels –Adoption and implementation –Statutes –Regulations Case law –Law that arises from judicial decisions –Result of precedent and stare decisis