The Judiciary

  • Judicial Review

    • Principle established in Federalist No. 78 by Alexander Hamilton.
    • Judicial Review allows courts to evaluate the constitutionality of legislative acts.
    • Marbury v. Madison (1803): Established the practice of judicial review.

  • Judicial Legitimacy

    • Debate arises from life tenure of judges and their power to impact laws.
    • Concerns exist regarding the Supreme Court's legitimacy and accountability.

  • Structure of Judicial Branch

    • Three levels: U.S. District Courts, U.S. Circuit Courts of Appeals, U.S. Supreme Court.
    • Federal judges appointed for life to ensure independence from other branches of government.

  • Checks on Judicial Power

    • Other branches can limit the Supreme Court’s power through legislation and amendments.
    • The Constitution provides mechanisms for balance of powers.

  • Federal Courts

    • Handle federal crimes and constitutional questions; aimed to uphold the independence of judiciary.
    • Jurisdiction: Includes appellate jurisdiction: Supreme Court primarily reviews lower court rulings, not original cases.
    • Original jurisdiction limited to specific cases (e.g., ambassadors).

  • Key Supreme Court Cases:

    • McCulloch v. Maryland: Confirmed the supremacy of federal laws over state laws.
    • Gideon v. Wainwright: Established the right to counsel for defendants unable to afford an attorney.
    • Roe v. Wade: Recognized a woman's right to choose abortion as part of the right to privacy.

  • Current Judicial Issues

    • Judicial activism vs. judicial restraint:
    • Activism seen when courts strike down laws or policies.
    • Restraint emphasizes adherence to existing laws and reluctance to reverse legislation without clear constitutional grounds.
    • Tension exists in balancing individual rights (e.g., right to bear arms) and public safety.

  • Legislation

    • Notable laws impacting civil rights and judicial review include the Civil Rights Act, Voting Rights Act, and various amendments (including the 14th and 19th).
    • Recent debates include gun control laws, abortion rights, and LGBTQ+ rights affecting how courts interpret the law.

  • Constitutional Amendments

    • 1st Amendment: Freedom of speech; often tested through various Supreme Court cases regarding obscenity and symbolic speech.
    • 4th Amendment: Protects against unreasonable search and seizure, applied through cases such as Mapp v. Ohio.
    • 5th and 6th Amendments: Guarantee rights related to criminal prosecutions, including due process and right to defense.