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.