chapter16 - CHAPTER 16 The Judiciary 0OBJECTIVES This...

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CHAPTER 16 The Judiciary 0OBJECTIVES This chapter introduces the student to the final branch of United States government: the courts. After reading and reviewing the material in this chapter, the student should be able to do each of the following:0 10. Explain what judicial review is and trace its origins. 20. List and comment on the three eras of varying Supreme Court influences on national policy. 30. Explain what is meant by a dual-court system and describe its effects on how cases are processed, decided, and appealed. 40. List the various steps that cases go through to reach the Supreme Court and explain the considerations involved at each step. 50. Discuss the dimensions of power exercised today by the Supreme Court and the opposing viewpoints on an activist Supreme Court. 0OVERVIEW An independent judiciary with the power of judicial review—the power to decide the constitutionality of acts of Congress, the executive branch, and state governments—can be a potent political force. The judicial branch of the United States government has developed its power from the earliest days of the nation, when Marshall and Taney put the Supreme Court at the center of the most important issues of the time. From 1787 to 1865, the Supreme Court focused on the establishment of national supremacy. From 1865 to 1937, it struggled with defining the scope of the government’s power over the economy. In the present era, it has deliberated about personal liberties. It became easier for citizens and groups to gain access to the federal courts in the mid- to late 20th century. This is the result of judges’ willingness to consider class-action suits and amicus curiae briefs and to allow fee shifting. The lobbying efforts of interest groups also had a powerful effect. At the same time, the scope of the courts’ political influence has increasingly widened as various groups and interests have acquired access to the courts, as the judges have developed a more activist stance, and as Congress has passed more laws containing vague or equivocal language. Still, the Supreme Court controls its own workload and grants certiorari to a very small percentage of appellate cases. As a result, although the Supreme Court is the pinnacle of the federal judiciary, most decisions are made by the twelve circuit courts of appeals and the ninety-four federal district courts. 0CHAPTER OUTLINE WITH KEYED-IN RESOURCES0 I0. The idea of judicial review0 A0. Only in the United States do judges play so large a role in policy making0 10. Judicial review: the right of the federal courts to rule on the constitutionality of laws and executive actions0 a0) Chief judicial weapon in the checks and balances system
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Chapter 16: The Judiciary b0) Since 1789, the Supreme Court has declared over 160 federal laws unconstitutional 20. Few other countries have such a power a0) In Britain, Parliament is supreme. b0)
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chapter16 - CHAPTER 16 The Judiciary 0OBJECTIVES This...

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