Question and Answers on the Role of Policy-Making in a Federal Judiciary
CHAPTER 12
The Judiciary
Chapter Focus
The purpose of this chapter is to describe the policy-making role of the federal judiciary, in particular that of the Supreme Court. To appreciate the significance of this role, students need basic knowledge about the history of the Supreme Court, the structure and procedures of the federal courts, the nature of controversy over the courts, and the restraints on judicial policy making. After reading and reviewing the material in this chapter, you should be able to do each of the following:
1. Discuss the meaning and significance of judicial review and its relationship to Marbury v. Madison.
2. List and comment on the three eras of varying Supreme Court influences on national policy from the days of slavery to the present.
3. Describe the partisan influences on federal judicial appointments.
4. Describe how the nature of federalism affects the jurisdiction of federal and state courts.
5. Discuss the ways in which cases can get to the Supreme Court.
6. Describe the financial and non-financial obstacles of getting into federal court.
7. Explain how political scientists classify justices as liberal or conservative and why they do so.
8. Enumerate four measures of judicial power and describe how judicial power can be restrained by Congress and by public opinion.
9. Develop arguments for and against an activist Supreme Court.
10. Explain the relationship between public and the courts.
Study Outline
I. Introduction A. Courts in the United States play a major role in policy making 1. Due to judicial review: right to declare acts and laws unconstitutional 2. Since 1789, Supreme Court has ruled over 100 laws unconstitutional 3. In Great Britain, no judicial review in American sense, but parliamentary supremacy B. Controversy is over method of judicial review 1. Strict constructionist (conservative philosophy today) 2. Activist approach
The Judiciary
Chapter Focus
The purpose of this chapter is to describe the policy-making role of the federal judiciary, in particular that of the Supreme Court. To appreciate the significance of this role, students need basic knowledge about the history of the Supreme Court, the structure and procedures of the federal courts, the nature of controversy over the courts, and the restraints on judicial policy making. After reading and reviewing the material in this chapter, you should be able to do each of the following:
1. Discuss the meaning and significance of judicial review and its relationship to Marbury v. Madison.
2. List and comment on the three eras of varying Supreme Court influences on national policy from the days of slavery to the present.
3. Describe the partisan influences on federal judicial appointments.
4. Describe how the nature of federalism affects the jurisdiction of federal and state courts.
5. Discuss the ways in which cases can get to the Supreme Court.
6. Describe the financial and non-financial obstacles of getting into federal court.
7. Explain how political scientists classify justices as liberal or conservative and why they do so.
8. Enumerate four measures of judicial power and describe how judicial power can be restrained by Congress and by public opinion.
9. Develop arguments for and against an activist Supreme Court.
10. Explain the relationship between public and the courts.
Study Outline
I. Introduction A. Courts in the United States play a major role in policy making 1. Due to judicial review: right to declare acts and laws unconstitutional 2. Since 1789, Supreme Court has ruled over 100 laws unconstitutional 3. In Great Britain, no judicial review in American sense, but parliamentary supremacy B. Controversy is over method of judicial review 1. Strict constructionist (conservative philosophy today) 2. Activist approach