Judiciary Branch

What power does the supreme court have?

Judicial review

What is judicial review?

Judicial branch can check the power of the other branches

What article relates to the judicial branch?

Article lll- says the judicial power should be vested into one main court and other inferior(smaller courts)

Fed 78

Written by Hamilton, to speak about independent power of the judicial branch, wants life tenure for the judges

Marbury v Madison

made it so the judicial branch can rule things constitutional v unconstitutional

Who determines the number of courts?

Congress determines the number/types of courts

What else did Hamilton say about the judicial branch?

-Said it was the least powerful

-Said it had no power of the purse/sword

-Limited by the Constitution

What can they choose

-Their salary can’t change

The courts choose what cases they want to hear

What is precedent?

Decision that establishes rules for future decisions

Judicial Activism

use of judicial review and decisions to change or establish new policies

Judicial restraint

the judges should limit themselves and leave policy matters to the other branches

Stare decisis

let the decision stand