Chapter 14 - Chapter 14 The Judiciary and Democratic Debate...

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Chapter 14: The Judiciary and Democratic Debate Supreme Court: o 9 Justices o Appointed o Tenure that runs on “good behavior” o Pillar of elite democracy, upholding the interests of the powerful and privileged in the name of authority, expertise or private property Judicial Power and the Democratic Debate: o Judicial review: power of the court to invalidate the actions of legislatures and executives on the grounds that these actions conflict with the Constitution o First Asserted in Marbury v. Madison The Judiciary and Democracy: o Members of Judiciary are nominated by the president and confirmed by Senate o Judges serve until they retire, die or are impeached o Use power of judicial review by striking down actions taken by elected officials at the federal or state levels o Less representative demographically that Congress and the executive branch The Conservative Critique of the Judiciary: o Debate about courts and democracy o Three major positions in debate: 1. Conservative Critique of an active judiciary: have exaggerated sense of the Court’s own powers and a loose reading of the Constitution 2. Liberal Defense of an active judiciary: it is impossible to recover the founders precise intent for each phrase of the constitution 3. progressive skepticism toward democratic judiciary :judiciary’s role in American democracy has varied depending on politics. o jurisprudence of original intention : The argument that Supreme Court justices should restrict their constitutional interpretation to the precise words of the constitution and the known intentions of those who drafted it. The Supreme Court in History:
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This note was uploaded on 04/08/2008 for the course POL 100 taught by Professor Latimer during the Spring '08 term at SUNY Cortland.

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Chapter 14 - Chapter 14 The Judiciary and Democratic Debate...

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