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Article III of the constitution
establishes the judicial branch of the United States government, outlining the powers and limitations of federal courts.
Federalist 78
is an essay by Alexander Hamilton that discusses the role of the judiciary in the American government, emphasizing the importance of an independent judiciary and the principle of judicial review.
Brutus No.15
is an anti-Federalist essay that critiques the proposed Constitution, arguing against the establishment of a strong federal judiciary and warning of potential abuses of power.
argues that the proposed U.S. Constitution gives the Supreme Court too much power by allowing them to interpret the Constitution without any effective check,
Marbury V Madison (1803)
-helped to establish judicial review.
-The ruling said that the Constitution is the supreme law of the land and established the Supreme Court as the final authority for interpreting it.
-This decision elevated the judicial branch to be an equal partner with the executive and legislative branches.
-The decision in Marbury v. Madison greatly expanded the Supreme Court’s powers.”
What is judicial review, and how does it check the power of other institutions and state governments?
Judicial Review is the power of the judiciary to determine whether the actions of other branches are constitutional.
Actions judged inconsistent are declared unconstitutional and, therefore, null and void.
It is not a power given to the courts in Article III.
It is something the Founders had a concept of.
It is something Hamilton references in Fed. 78; he implies a belief that the Court will indeed have this power.
How and why does the exercise of judicial review in conjunction with life tenure inform debate about the legitimacy of the Supreme Court’s power?
Federalist 78 and Brutus No. 15
The combination of judicial review and life tenure in the Supreme Court can lead to debates about its legitimacy due to concerns over unaccountability and potential ideological bias, precedent
What is the debate about originalism and non-originalism (living constitutionalism) about? What are the arguments advanced in favor of either side?
Originalists argue that the meaning of the constitutional text is fixed and that it should bind constitutional actors. Living constitutionalists contend that constitutional law can and should evolve in response to changing circumstances and values.
How can the other branches in the government check the Supreme Court’s power?
Congress can pass legislation to attempt to limit the Court's power: by changing the Court's jurisdiction; by modifying the impact of a Court decision after it has been made; or by amending the Constitution in relation to the Court.
Congress can determine amount of judges and establish lower courts
What role do interest groups play in our judicial system?
Interest groups work to influence the courts in a number of ways. Interest groups often file amicus curiae (friend of the court) briefs, presenting an argument in favor of a particular issue. Sometimes interest groups file lawsuits against the government or other parties.
How does the role of legal precedent affect judicial decision making?
Legal precedents play an important role in decision-making and aids the judicial officers in referring to similar case laws, ultimately saving time and scrutinizing results. And of course, it's usually a research paralegal or associate tasked with a case law study and discovery concerning a legal matter.
How can other branches in the government limit the Supreme Court’s power?
Congress can pass legislation to attempt to limit the Court's power: by changing the Court's jurisdiction; by modifying the impact of a Court decision after it has been made; or by amending the Constitution in relation to the Court.
