AP GOV JUDICIAL PT. 2

Importance of Judges and Lifetime Tenure

  • Judges are crucial in the legal system for various reasons.

    • Knowledge and Expertise: Judges with lifetime tenure possess extensive knowledge necessary for their role, which would diminish with frequent changes in personnel.

    • Avoiding Campaign Influence: Lifetime tenure prevents judges from having to campaign for reelection, allowing them to make decisions without being influenced by public opinion.

    • State Judges: The inconsistency is evident in states where judges are elected and often have to campaign, leading to potential bias in their rulings.

Introduction to John Marshall and the Judicial Branch

  • John Marshall's Significance:

    • John Marshall served as the first Chief Justice of the Supreme Court starting in 1801 and played a pivotal role in shaping the judiciary's power.

    • His landmark decision in Marbury v. Madison established the principle of judicial review.

  • Article Three of the Constitution:

    • This article is brief and outlines the judicial branch's expectations to be less powerful compared to the legislative and executive branches.

Marbury v. Madison

  • Case Overview:

    • Background of the case involves the political context of the election of 1800, where Thomas Jefferson defeated John Adams.

    • Adams appointed several judges from the Federalist Party in the District of Columbia courts, but the commissions for these judges were not delivered before Jefferson took office.

    • Chief Justice Marshall ruled on Marbury's request for a writ of mandamus to compel Madison to deliver the commission.

    • Marshall's Ruling:

    • Affirmed Marbury's right to receive his commission but simultaneously ruled that the Supreme Court did not have the authority to compel Madison to deliver it.

    • Struck down Section 13 of the Judiciary Act of 1789, stating it was unconstitutional, thus asserting the doctrine of judicial review.

Judicial Review

  • Definition: Judicial review is the power of federal courts to determine the constitutionality of laws passed by Congress and state legislatures.

  • Impact of Judicial Review:

    • Provides the judiciary with significant power to influence legislation and uphold the Constitution, impacting historical civil rights advancements faster than the legislative branch.

    • Example cases that illustrate its application include Griswold v. Connecticut (overturned state law regarding contraception) and civil rights cases influenced by the Fourteenth Amendment.

The Role of Justices and Their Influences

  • Judicial Independence versus External Influences:

    • While justices are supposed to be independent in their decision-making, they are influenced by various factors:

    • Legislative pressures from Congress, which can enact new laws in response to judicial rulings.

    • Political ideology, where a justice's affiliations may sway their judicial philosophy.

    • Historical precedent and public perception of past rulings.

  • Judicial Philosophy:

    • Judicial Activism: The belief that the court should go beyond existing laws and address broader social issues, often associated with liberal justices.

    • Judicial Restraint: The philosophy advocating for cautious changes to the law, prioritizing traditional interpretations and limited interventions, often linked with conservative justices.

Distinction Between Judiciaries and Political Ideologies

  • Judicial philosophy does not equate to political ideology. Justices may display characteristics of both activism and restraint regardless of their party affiliation.

  • Historical trends:

    • Activism peaked between the 1950s and mid-1970s, while the late 20th and early 21st centuries have witnessed tendencies towards judicial restraint.

  • Supreme Court decisions reflect a complex interplay between legal philosophy and the justices’ interpretations of the Constitution.

Recent Developments and Ongoing Discussions

  • The current conservative-majority court's decisions have sometimes contradicted the traditional perception of judicial restraint.

  • Notable rulings like Citizens United and the invalidation of sections of the Voting Rights Act exhibit the complexities of the relationship between judicial authority and legislative changes.

  • Conclusion: The ongoing discussions about judicial philosophy and the role of justices continue to be critical in understanding the functioning and impact of the Supreme Court on American law and society.