Judicial day 1
Introduction to the Judiciary
Judicial checks on the other branches include:
Judicial Review: Established in Marbury v Madison, allowing courts to evaluate laws from Congress and executive actions.
Importance of judicial review as foundational case for checks and balances.
Relation of judiciary to presidency:
Presidents appoint judges who align with their ideologies, subject to Senate approval.
Historical example: Trump’s list of preferred judicial nominees from the Federalist Society.
Influence through pardons demonstrating tangible checks the president has over judicial decisions.
Presidential Checks on the Judiciary
Appointments of judges aligned with presidential ideology.
Influence on judicial decisions through non-enforcement of rulings during his presidency.
Pardoning power to alleviate sentences deemed excessively punitive.
Congressional Influence on the Judiciary
Congress can:
Impeach Justices: For ethical violations or corruption (not for unfavorable rulings).
Amend the Constitution: Changes could impose new regulations or ethics.
Change Jurisdiction: Adjust what cases the courts can hear or restructure the court system entirely.
Key Judicial Concepts
Judicial Independence: Essential for non-partisan judgments that ensure fairness and constitutional fidelity without political bias.
Stare Decisis: "Let the precedent stand"; importance for consistency in judicial rulings to ensure system stability and public trust.
Historical Context of the Judiciary
Federalist Papers: Hamilton’s perspective on the weak judiciary and checks on the legislature and executive.
Constitutional established principles:
Lack of power over military or budget ensures fundamental separation of powers to prevent abuse.
Notable Cases and Their Implications
Marbury v Madison: Established judicial review.
Brown v Board of Education: Overturned previous rulings based on precedent, demonstrating judicial power.
Dobbs v Jackson: Overturning of Roe v Wade as a significant case reshaping women's reproductive rights.
Current Supreme Court Analysis
Composition of the current court reflects nominations from multiple presidents, predominantly with a conservative leaning.
Emphasis on judicial reasoning rather than party alignment when analyzing judge rulings.
Recent events showcase disparities in confirmation processes based on political contexts, illustrating differences in treatment during electoral years.
Conclusion on Judiciary's Role
The judiciary serves as a protector of constitutional integrity against potential legislative or executive overreach.
Understanding its independence, checks from the other branches, and role in maintaining societal trust through precedent is critical for civic comprehension.