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| power of the SC to overturn laws |
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| an effort by judges to play an active role in making policy |
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| an effort by judges to avoid overturning laws |
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gives judicial branch final say over law validity
not in Constitution
created by SC early in history |
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| marbury sued madison bc he demanded madison grant him a gov't job which was promised to him by former prez, brought directly to SC, judiciary act focused its attention to the law that allowed marbury to bring his case to SC which was unconstitutional, gave SC one of its most important powers |
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high moral standards
thorough knowledge of law constitution and US history
constitution lists no qualifications
prez chooses justices amoung most respected judges, lawyers. and legal scholars in US
senate must approve them |
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hear appeals from federal and state that involve federal gov't or law
hear cases which it has original jurisdiction
raise the most important constitutional issues |
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each side submits briefs
study briefs and records of case
attorneys present oral arguments before Court (30 min)
justices ask many questions to challenge and clarify |
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meet in conference
discuss
vote |
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written statement explaining the reasons for decision
shows how law must be applied
written by a justice from majority |
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| agrees with majority but for different reasons |
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| influences on judicial decision making |
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judges concerned with law and hows its applied
precedent is always a factor, respect past decisions
determine the intentions of lawmakers
difficult to put aside personal views completely |
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interpreting Constitution
Warren Court known for its active defense of people's right who are accused of crimes (judicial activism)
Burger Court: judicial restraint, effort for judges to avoid overturning laws and to leave policy
Rehnquist Court: # of important decisions limiting the federal gov't authority over the States |
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appoint judges
excercised when dies or retires |
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check power of prez and SC
refusing to confirm prez appointments to the SC
congress can weed out appointees who are unsuitable for the job |
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| can always turn to Congress and the amendment process or they can elect a prez who promises to appoint judges whose ideas that like |
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