3.5 The Shaping of Judiciary Power

While the Bill of Rights outlined legal protections for citizens, the exact authority of the judiciary remained unclear

What occurred when the Bill of Rights outlined legal protections for citizens?

This changed with the appointment of Chief Justice John Marshall in 1801 by Federalist President John Adams and a Federalist-majority Senate

What changed with Chief Justice John Marshall?

Marshall and his court supported a strong national government and broad constitutional interpretations, opposing Anti-Federalist views

What did Chief Justice John Marshall and his court support?

When Thomas Jefferson won the Election of 1800, Marshall aimed to preserve Federalist influence in the government 

What happened when Thomas Jefferson won the Election of 1800?

In the last three months of Adams’ presidency, Federalists passed the Judiciary Act of 1801, creating new federal judgeships filled with Federalist candidates

What happened in the last three months of Adams presidency?

These last-minute appointments were called Midnight Judges, as their commissions were finalized before Jefferson and the Democratic-Republican Congress took office

What are Midnight Judges?

After taking office, President Jefferson ordered Secretary of State James Madison to withhold judicial commissions not yet issued, including William Marbury’s appointment

What did Thomas Jefferson order after becoming president?

The landmark case is Marbury v. Madison (1803) 

What is the landmark case in 1803?

Marshall’s Two Prolonged Ruling is:

• The writ of mandamus was not an expressed or implied power granted to the Supreme Court. The court could not legally force Madison to issue the commission

• The judiciary is bound to the Constitution and must strike down the unconstitutional laws or executive actions

What is Marshall’s Two Prolonged Ruling?

This case established judicial review —- the Court’s power to interpret laws and declare them unconstitutional 

What did Marbury v. Madison establish?

Since then, the Supreme Court has influenced public policy through major rulings that have reshaped constitutional interpretation

What has the Supreme Court influence?

Judicial review has led to two primary approaches: Judicial Restraint and Judicial Activism

What comes in two with the Judicial review?

The characteristics for judicial restraint are:

• A conservative legal policy that adheres to strict constitutional interpretation

• Defers to precedent and avoids expanding constitutional

• Tends to reject cases that seek broad constitutional changes 

What are the characteristics for judicial restraint?

The characteristics for Judicial Activism is: 

• A liberal legal philosophy that interprets the Constitution broadly to address modern issues 

• Views the Constitution as a living document that should evolve over time 

• Tends to expand legal protections and rights through rulings 

What are the characteristics for Judicial Activism?

However, judicial activism and restraint are not tied to political ideology —- both liberals and conservatives use them selectively to support rulings

What are judicial activism and restraint not tied to?

One of the most influential activist Supreme Courts was led by Chief Justice Earl Warren (1953-1969), known as the Warren Court  

One of the most influential activists Supreme Courts is led by who?

The 14th amendment (1868), established during Reconstruction, was a key foundation for its rulings

What is the definition of the 14th amendment (1868)?

The Court used the due process and equal protection clauses to prohibit state and local governments from violating citizen rights

Why did the Court use the due process and equal protection clauses?

What happened during Brown v. The Board of Education (1964) is:

• Overturned Plessy v. Ferguson (1896), which had upheld “seperate but equal” racial segregation

• The Court ruled that segregated schools were unconstitutional, rejecting legalized racial discrimination 

• This ruling led to the Civil Rights Act of 1964, which outlawed discrimination based on race, color, religion, sex, or national origin 

What happened with Brown v. The Board of Education (1964)?

Loving v. Virginia (1967) - Struck down laws banning interracial marriage at the local state, and federal levels

What is Loving v. Virginia (1967)?

The University of California v. Bakke (1978) - Upheld affirmative action but banned racial quotas in college admissions under the 14th amendment 

What is the University of California v. Bakke (1978)?

Adarand Constructors v. Pena (1995) - Ruled that racial classifications by the federal government must meet strict scrutiny (the least restrictive method for achieving a governent goal)

What is Adarand Constructors v. Pena (1995)?

United States v. Virginia (1996) - Ended sex-based on military admission policies, ruling them unconstitutional

What is United States v. Virginia (1996)?

Obergefell v. Hodges (2015) - Recognizing same-sex marriage as a constitutional right, preventing states from denying marriage licenses based on a sexual orientation

What is Obergefell v Hodges (2015)?

McCulloch v. Maryland (1819) -Established the Necessary and Proper Clause, granting the federal government implied powers and ruling that states cannot interfere with constitutional federal actions

What is McCulloch v. Maryland (1819)?

Roe v. Wade (1973) - Legalized abortion based on the constitutional right to privacy (specifically medical privacy) and then was overturned in Dobbs v. Jackson Women’s Health Organization (2022)

What is Roe v.Wade (1973)?

United States v. Nixon (1974) - Limited executive privilege, ruling that presidents cannot withhold information in judicial or legislative investigations

• The case was tied to Nixon’s attempt to cover up the Watergate Scandal

• Nixon resigned rather than face impeachment following the Court’s decision

What is the United States v. Nixon (1974)?

The Watergate scandal was a major US political crisis in the early 1970s that began with burglary at the Democratic National Comitee (DNC) headquarters and resulted in the resignation of President Richard Nixon

What is the Watergate scandal?

The core issue was the Nixon adminstration’s illegal activities and there attempts to cover them up, a serious abuse of power

What was the core issue with the Watergate scandal?