Unit 2 GOPO Ch 15
Unit 2- Judicial Branch,– Review
Interactions among Branches of Government
Because power is widely distributed and checks prevent one branch from usurping powers from the others, institutional actors are in the position where they must both compete and cooperate in order to govern. The three key institutions of the federal government are Congress, the presidency, and the courts. The bureaucracy, which implements policy, is seen by some as an extension of the executive branch and by others as, in effect, a fourth branch of government because of the discretion it can exercise in carrying out policy directives. The Constitution grants specific powers to Congress, the president, and the courts, and in addition, each branch exercises informal powers (developed through political practice, tradition, and legislation). Because checks and balances are designed to prevent one branch from becoming too powerful, Congress and the president, for example, will sometimes cooperate and sometimes compete in governance
The federal judiciary, including the Supreme Court, established under Article III, is designed to be an independent branch of government. The Court’s most far-reaching power, judicial review, was justified in Marbury v. Madison (1803), where the Court declared that it had the constitutional authority to overturn acts of Congress, state laws, or executive action deemed to be unconstitutional. Thus, judicial review serves as an important check on other branches of government. Appointed for life, justices are somewhat insulated from public opinion. It is not surprising that over the years the Court has handed down decisions that have been unpopular and controversial. Congress and the president may influence the Court through the appointment process, by refusing to implement a Court decision, or by passing legislation that changes the Court’s jurisdiction.
Essential Questions:
How do the branches of the national government compete and cooperate in order to govern?
To what extent have changes in the powers of each branch affected how responsive and accountable the national government is in the 21st century?
To what extent do the U.S. Constitution and its amendments protect against undue government infringement on essential liberties and from invidious discrimination?
How have U.S. Supreme Court rulings defined civil liberties and civil rights?
Big Idea #1: The design of the judicial branch protects the Supreme Court’s independence as a branch of government, and the emergence and use of judicial review remains a powerful judicial practice.
Checks and Balances and Judicial Review
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Describe the Main Ideas |
Explain the Importance of the Main Ideas |
Article III of the Constitution | Establishes the Supreme Court and defines its jurisdiction
Protects judicial independence through life tenure and salary security
| Article III establishes the judicial branch and its powers.
Provides the framework for the federal judiciary, ensuring a separate and co-equal branch of government. |
Judicial Review
| Grants courts the authority to invalidate unconstitutional laws
First established in Marbury v. Madison | Serves as a check on the legislative and executive branches, maintaining the supremacy of the Constitution. |
Federalist No. 78 | Highlights the judiciary as the weakest branch but essential for checks on legislative power
Advocates life tenure to ensure impartiality (equal treatment; fairness)
| Supports life tenure for judges to ensure independence from political influence and consistency in legal interpretation.
Articulates the necessity of judicial independence to protect against legislative encroachments and to uphold the rule of law. |
Checks and Balances and Judicial Review
Court Case |
Year |
Brief description of the case and outcome |
Constitutional principles |
Marbury v Madison | 1803
| William Marbury sued for his judicial commission, which had not been delivered. Chief Justice John Marshall ruled that the law allowing Marbury to bring his claim to the Supreme Court was unconstitutional. | Supremacy Clause and separation of powers. The ruling affirmed the Supremacy Clause, ensuring the Constitution is the highest law of the land, and solidified the judiciary’s role in checks and balances. |
Explain the importance of judicial review in the U.S. government.
| Safeguards the Constitution against legislative and executive overreach.
It ensures all government actions align with the Constitution, reinforcing democratic principles.
Judicial review serves as a check on majoritarianism, protecting minority rights. |
Explain how the exercise of judicial review in conjunction with life tenure of judges can lead to debate about the legitimacy of the Supreme Court’s power.
| Life tenure coupled with judicial review prompts concerns over unelected judges wielding significant power. |
Judicial decision making: Importance of precedents and stare decisis
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Precedents |
stare decisis |
Landmark Case |
Define | -A judicial decision that guides future courts in handling similar cases
-Past rulings guide future cases
| -The practice of letting a previous legal decision stand
-Courts adhere to established rulings for consistency | A court case that is studied because it has historical and legal significance, often leading to a significant change in the law or legal interpretations. |
Explain | Promotes stability and predictability in the legal system.
| The principle of adhering to precedents unless there is a compelling reason to overturn them. Reinforces judicial restraint and consistency in law. | Landmark cases often involve the interpretation of the Constitution, influencing how rights are understood and applied. |
Provide an example | The decision in Miranda v. Arizona (1966) established the precedent requiring law enforcement to inform suspects of their rights, influencing countless subsequent cases.
| In Planned Parenthood v. Casey (1992), the Supreme Court reaffirmed the core holding of Roe v. Wade based on the principle of stare decisis, emphasizing the importance of adhering to precedent. | Brown v. Board of Education overturned Plessy v. Ferguson, ending "separate but equal." |
Ideology and SCOTUS
Ideological changes in the composition of the Supreme Court, due to presidential appointments, have led to the Court’s establishing new or rejecting existing precedents.
Describe the consequences of each
| Establishment of new precedents: Reflect changing societal values (Roe v. Wade).
Rejecting of new precedents: Can create public backlash or political challenges (Dobbs v. Jackson Women’s Health overturning Roe v. Wade). |
Controversial or unpopular Supreme Court decisions can lead to challenges of the Court’s legitimacy and power which Congress and the president can address only through future appointments, legislation changing the Court’s jurisdiction, or refusing to implement decisions.
Describe consequences each. | Appointments: Presidents shape the Court's ideological balance, affecting rulings for decades.
Legislation: Congress may adjust Court jurisdiction or create laws to counter rulings.
Refusal to implement: Undermines judicial authority (Worcester v. Georgia).
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Ideology and SCOTUS
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Loose Constructionist |
Strict Constructionist |
Define and Explain | Definition: Interprets the Constitution broadly to adapt to modern issues (McCulloch v. Maryland).
Explanation: Gibbons v. Ogden (1824) expanded Congress’s power under the Commerce Clause.
| Definition: Emphasizes the original intent and literal meaning of the text (United States v. Lopez).
Explanation: Printz v. United States (1997) limited federal authority over state governments. |
Politics and the Supreme Courts Power
|
Judicial Activism |
Judicial Restraint |
Define and Explain | Definition: A philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies.
Explanation: Judges make bold policy decisions to address societal issues (Obergefell v. Hodges).
| Definition: A philosophy of constitutional interpretation that justices should be cautious in overturning laws
Explanation: Courts avoid policymaking, deferring to legislatures (Planned Parenthood v. Casey). |
Checks and Balances: How other branches can limit the Supreme Courts power.
Restrictions on Supreme Court |
Description |
Example |
Constitutional Amendments | Amendments can overturn Supreme Court decisions. (14th Amendment)
| The 13th Amendment abolished slavery, countering the Dred Scott v. Sandford (1857) ruling. |
Judicial appointments and confirmations | Presidents appoint and the Senate confirms justices, shaping Court ideology.
| The appointment of Justice Amy Coney Barrett solidified a conservative majority |
President evading/ignoring SCOTUS decisions | Presidents can sometimes ignore or resist implementing Supreme Court decisions, undermining the Court's authority.
| In Worcester v. Georgia (1832), President Andrew Jackson reportedly refused to enforce the Court’s decision in favor of the Cherokee Nation, stating, "John Marshall has made his decision; now let him enforce it." |
States evading/ignoring SCOTUS decisions | States may resist or refuse to comply with Supreme Court rulings, particularly in contentious areas such as civil rights.
| Following Brown v. Board of Education (1954), Southern states resisted desegregation, leading to the need for federal intervention to enforce the decision. |
Congressional Acts | Congress can limit the Court’s jurisdiction or pass laws countering its rulings.(altering) (Judiciary Act of 1789).
| The Reconstruction Acts countered rulings favoring Confederate states. |
Bureaucratic Agencies
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Explain how the federal bureaucracy uses delegated discretionary authority for rule making and implementation. |
Cite a recent example in the past 2 years. |
Department of Homeland Security | DHS uses discretionary authority to enforce immigration laws, protect against terrorism, and manage national security measures. It creates rules regarding border security, counterterrorism, and cybersecurity.
| In 2021, DHS implemented new guidelines to halt the Trump administration's "Remain in Mexico" policy, allowing more migrants to stay in the U.S. during asylum proceedings. |
Department of Transportation | DOT regulates transportation infrastructure, including road safety, air traffic, and vehicle standards. It uses discretionary authority to set rules for air travel, highway safety, and public transit operations.
| In 2023, DOT rolled out new fuel efficiency standards for vehicles to reduce carbon emissions and improve sustainability. |
Department of Veterans Affairs | The VA has the authority to create rules for healthcare access, benefits eligibility, and veterans' services. It manages the implementation of policies related to healthcare services, housing, and disability claims.
| In 2022, the VA expanded mental health services for veterans, implementing rules to increase access to telehealth and suicide prevention programs. |
Department of Education | DOE sets regulations around federal student aid, public school standards, and higher education policy. It has the authority to interpret and enforce education laws such as the Every Student Succeeds Act (ESSA).
| In 2021, DOE issued new guidelines to ease student loan forgiveness for public service workers, addressing concerns about loan servicing errors. |
Environmental Protection Agency (EPA) | The EPA enforces environmental laws and regulations, including air and water quality standards, hazardous waste disposal, and climate change initiatives. It has the authority to implement and enforce laws like the Clean Air Act and Clean Water Act.
| In 2022, the EPA introduced stricter air quality standards for particulate matter, aiming to reduce pollution levels and improve public health. |
Federal Elections Commission (FEC) | The FEC enforces campaign finance laws, regulating political contributions, expenditures, and disclosure requirements. It has the authority to interpret federal election laws and issue regulations on campaign finance.
| In 2023, the FEC issued new guidelines for online political ads, addressing concerns about transparency and the influence of digital platforms in elections. |
Securities and Exchange Commission (SEC) | The SEC regulates the securities industry, overseeing stock exchanges, investment advisors, and public companies. It creates rules to protect investors and maintain fair markets.
| In 2021, the SEC adopted rules requiring publicly traded companies to disclose their environmental, social, and governance (ESG) practices, responding to growing demand for corporate accountability on sustainability. |
Special Note:. Discretionary and rule-making authority to implement policy are given to bureaucratic departments, agencies, and commissions.
Methods of Oversight
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For each, explain how Congress uses its oversight power in its relationship with the executive branch. |
Committee hearings | Congress holds hearings to investigate executive agencies, question officials, and ensure laws are properly implemented.
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Power of the Purse | Congress controls federal funding to influence agency priorities and enforce compliance with legislative goals.
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Special Notes:
As a means to curtail the use of presidential power, congressional oversight serves as a check of executive authorization and appropriation.
Presidential ideology, authority, and influence affect how executive branch agencies carry out the goals of the administration.
Compliance monitoring can pose a challenge to policy implementation.
Presidential responsibilities and goals
Explain how the president ensures that executive branch agencies and departments carry out their responsibilities in concert with the goals of the administration. | The president ensures executive agencies align with administration goals through appointments, executive orders, budget proposals, and public communication. By directing agencies and monitoring their performance, the president sets priorities and enforces the faithful execution of laws. This allows the executive branch to operate in concert with the president’s policy agenda.
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Special Note: Presidential ideology, authority, and influence affect how executive branch agencies carry out the goals of the administration.
Governmental branches hold the bureaucracy accountable
How does each ensure that the bureaucracy is held accountable? |
Formal Powers |
Informal Powers |
| Passes laws and controls budgets to direct agencies’ actions.
| Uses committee hearings to pressure agencies for compliance. |
| Issues executive orders and appoints agency heads.
| Uses public appeals to pressure agencies and Congress to act. |
| Review agency actions for compliance with statutory and constitutional requirements.
Courts can halt unlawful agency actions or require agencies to take action when they fail to fulfill legal duties | Through case rulings, courts establish standards that shape future agency behavior and interpretation of laws
High-profile rulings can elevate public awareness of agency actions, creating indirect pressure for accountability. |
Special Note:. Governmental branches can hold the bureaucracy accountable given the competing interests of Congress, the president, and the federal courts.
Note
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