Copyofch8 - OUTLINE 1 Courts and Collective Dilemmas 1 Courts serve to solve a variety of collective dilemmas to allow productive social interactions

Copyofch8 - OUTLINE 1 Courts and Collective Dilemmas 1...

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OUTLINE 1. Courts and Collective Dilemmas 1. Courts serve to solve a variety of collective dilemmas to allow productive social interactions. For example, two parties in a contract face a prisoner's dilemma of whether to adhere to the contract or defect, and courts can force adherence. 2. Courts also serve to resolve coordination problems, such as unifying the interpretation of an unclear law. 3. Courts must maintain their independence in order to protect the rule of law, and they must show no partiality regardless of who the parties in a case are. 2. Constitutional Basis 1. Article III of the Constitution is remarkably short, but it vests all judicial power in the federal courts, which are headed by the Supreme Court. It states that judicial appointments are for life and forbids Congress and the president from cutting judges' pay. Congress does have the power to impeach members of the judiciary. 2. Article II gives the president the power to appoint all federal judges, pending confirmation by the Senate. Congress also must appropriate any funding that goes to the judicial branch. 3. Establishing Judicial Power 1. The Supreme Court first asserted the power of judicial review in the case of Marbury v. Madison (1803). Although writings by Alexander Hamilton and James Madison, such as Federalist 78, implied this power, the Constitution does not explicitly prescribe it. 2. FDR and the Supreme Court clashed over interpretations of the commerce clause and New Deal initiatives. 3. Federal court supremacy is based on the supremacy clause of Article VI of the Constitution. The first time the Supreme Court ruled a state law to be

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