2.9 - legitimacy of the judicial branch

how has the SCOTUS's use of judicial review in conjunction with life tenure led to debates about the legitimacy of the c

what are some things that lead to some distrust in the power of the courts

• life tenure

• broad federal jurisdiction

• a judge’s ideology

• unfavorable decisions

common law definition

body of court decisions that make up a part of the law

precedent definition

a ruling that firmly establishes a legal principle

are precedents followed?

subordinate courts must follow them

other courts will consider following

what establishes precedents?

other court rulings

stare decisis definition

“let the decision stand"

what ideal governs common law?

stare decisis

lower courts must ______ higher court rulings

follow

what does the act of following a precedent establish?

continuity and consistency of law

binding precedent definition

a past court ruling that other lower courts MUST follow

the SCOTUS has a __________ precedent on all of the other courts in america

binding

is the SCOTUS bound by its own precedent ?

nope

in cases of binding precedent, does it matter if the judge disagrees with the precedent that has been set?

nope

persuasive precedent definition

court decision on a different jurisdiction/level that does not have to be followed but it can influence a judge’s ruling

example of pursuasive precedent

court in California considers the ruling of a similar case in Massachusetts 

a decision from a lower court

no 2 cases are identical, which is why judges make decisions …

on a case by case basis

what can differ and evolve over time in diff courts?

attitudes and interpretations

early on the SCOTUS addressed…

later, it defined the relationship between…

most recently, it has shaped…

national supremacy and states rights

government and industry

individual rights and liberties

back in history question

once John Adams appointed _____________, the SCOTUS began to assert itself under a _________, ______________ _____________.

John Marshall (federalist)

strong, influential leader

McCulloch v Maryland and Gibbons v Ogden both empowered Congress to…

create a bank and strengthen its power of regulating interstate commerce

Marbury and Madison struck down part of the _______________ and therefore exercised __________________.

judiciary act

judicial review

is the SCOTUS more known for continuity or more known for change?

why?

continuity

life tenures, customs and traditions, membership is small

what leads to shifts in ideology in the Court over time?

vacancies so presidents fill them with like minded judges

changes in who’s on the bench can lead to some ______________ of precedents

overturning

give an example of 2 SCOTUS cases where 1 of them overturned the other’s precedent that was set

1. plessy v Ferguson (separate but equal)

2. brown v board of ed (no school segregation)