Judicial branch

Supreme Court of the United States (SCOTUS)

• The highest court in the federal court system; established by Article III of the Constitution. 

Judicial review

Process by which courts are empowered to invalidate legislative and executive actions that violate the Constitution.

Judicial activism

The belief that the role of a justice is to defend individual rights and liberties, even those not explicitly stated in the Constitution.

Judicial restraint

The belief that the role of a justice is to defer decisions (and thus policymaking) to the elected branches of government and stay focused on a narrower interpretation of the Bill of Rights.

jurisdiction

The extent of the power a court has to make legal judgments and decisions

life tenure

Holding a position for life as Supreme Court justices do, unless they resign or are impeached.

Precedent

A legal decision that establishes a rule for similar cases going forward.

Stare decisis

The principle of making legal decisions based on past precedents. From the Latin for “let the decision stand.”

Marbury v. Madison (1803)

An early Supreme Court case that affirmed the Court’s power of judicial review by striking down a law made by Congress as unconstitutional. In his written opinion, Chief Justice John Marshall declared that “an act of the legislature repugnant to the Constitution is void.”

Federalist 78

Hamilton talks about how the judicial branch is created to protect the constitution and maintain checks and balance. He says that the judicial branch is the weakest branch of all three. He also says judges shall have life tenure

How does the bureaucracy implement policies

• writing and enforcing regulations

• Issuing fines

• Testifying before congress

• Forming a iron triangle

• Creating issue networks (temporary coalitions that form to promote a common issue or agenda)