JUDICIARY - JUDICIARY Historically, the judiciary has been...

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JUDICIARY Historically, the judiciary has been called the least dangerous branch of government. This was because the judiciary posed less of a threat to individual liberty than the other two branches. But in many ways the judiciary has increased their power more than any other branch of government. Some have even called it the “imperial judiciary.” Reasons the judiciary might be considered the least dangerous branch. STANDING. Courts cannot initiate action. They can only deal with cases and controversies that are brought to them by aggrieved individuals. To have standing you must be involved and harmed in a distinct and individual way. For example, citizens cannot claim to be harmed by paying taxes for a program with which they disagree. Our class discussion of the Frothingham v. Mellon case of the early 20 th century illustrates this point. When you lack standing the court is saying that you are not involved or have not be harmed in a distinct way. It is not saying that you don’t have an issue. It is only saying that the courts are not the appropriate place for a remedy. For more general types of problems where you have an issue but no standing the appropriate place to seek a remedy is with the legislature. SCOPE OF JUDICIAL REMEDY. Traditionally the court can only provide relief for an individual involved in the case. It prefers not to bind the bureaucracy to more general forms of relief. Our class discussion of the Reagan decision vis-à-vis the disabled serves
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JUDICIARY - JUDICIARY Historically, the judiciary has been...

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