US Supreme Court

Judicial Review

Power of the courts to examine the actions of the legislative, executives arms of the government to determine if they are consistent with the constitution. If actions are found to be inconsistent they are declared unconstitutional and null and void

Independence

Separation of powers
Life tenure
Protected salary
Appointment process

The appointment process

Vacancy occurs - death, retirement or impeachment
Presidential nomination - advised by White House, Cabinet and Senators.
ABA rating - level of qualification
Senate judiciary committee - interviewing the candidate
Full Senate vote - constitutional element

Judicial Ideologies

Liberal Justice - liberal values - protecting rights or advancing socially progressive policy.
Conservative justice - government authority and national security (right to bear arms).
Swing justice - in the middle

What can the Supreme Court do?

- has the power to interpret laws passed by the Georgia General Assembly
- resolve challenges to election results
- review cases where death penalty was sentenced
Setting new policy
Deciding constitutionality of a case
Protects existing policy

Shelby County v. Holder

Ruled the pre-clearance portion of the Voting Rights Act of 1965 unconstitutional for now.
Racial discrimination caused amendement of the act by Congress. Shelby County believed it was unconstitutional that they had to get federal approval to make changes to state voting procedures. After the district court and court of appeals denied them, the SC deemed with Shelby County.

Judicial activisim

One who believes that the Constitution is a living document whose strength lies in its flexibility and that judges should make bold policy decisions, even charting new constitutional ground by challenging the policy positions of the Congress and the President

Judicial restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures