Answer the following questions 1 What is judicial review Where does it come

Answer the following questions 1 what is judicial

This preview shows page 39 - 41 out of 50 pages.

Answer the following questions: 1. What is judicial review? Where does it come from? the power to declare congressional acts invalid if they violate the Constitution . It comes from the Supremacy clause 2. Briefly describe the place of judicial review within the constitutional structure of checks and balances. The SJC can overturn a verdict if it conflicts with the constitution 3. How is judicial review potentially limited or constrained by the other branches? Page 39 of 50
Image of page 39

Subscribe to view the full document.

Study Guide Survey of United States Government and Constitution Section 14.2 The Organization of Courts Answer the following questions: 1. How does the organization of courts in the US reflect the principle of federalism? Each state runs its own court system, and no two states' courts are identical. In addition, we have a system of courts for the national government. The national, or federal, courts coexist with the state courts 2. Explain the importance of precedent and stare decisis in judicial decisions. It lets the original decision stand. If this were the case for all cases, nothing would ever get to be appealed Section 14.3 The Supreme Court Mentor Note: According to Article III, some cases going to the Supreme Court will fall under its original jurisdiction, while others enter under the Court’s appellate jurisdiction. Answer the following questions: 1. What is the difference between original and appellate jurisdiction? Original jurisdiction The authority ofa court to hear a case before any other court does. Appellate jurisdiction is the authority of a court to hear cases that have been tried, decided, and reexamined as far as the law permits in other federal or state courts 2. How do most cases reach the Supreme Court? (Briefly describe.) Under the rule of 4 where at least 4 justices must agree the case warrants review and consideration 3. What is the difference between judicial restraint and judicial activism? Judicial restraint: the people's elected representatives, not judges, should make the laws. Judicial Activism: judges should not give deference to the elected branches but should use their judicial power to promote the judges' preferred social and political goals. 4. Explain the difference between judicial restraint and judicial activism. Connect these different judicial philosophies with the majoritarian and pluralist models of democracy. Restraint is pluralists and activism is majoritarian 5. What are the steps in the Supreme Court’s decision-making process? Once courts grant reviews fellow justices do not discuss the case beforhand with one another. Then oral arguments are done, Court protocol prohibits the justices from addressing one another directly during oral arguments, but they often debate obliquely through the questions they pose to the attorneys. The justices reach no collective decision at the time of oral arguments. They reach a tentative decision only after they have met in conference.
Image of page 40
Image of page 41
  • Spring '17

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask 0 bonus questions You can ask 0 questions (0 expire soon) You can ask 0 questions (will expire )
Answers in as fast as 15 minutes