Unit VII Lesson 3

Politics of the Federal Judiciary

Essential Question:

• What are the basic civil rights

and liberties of Americans?

• How have significant decisions

of the Supreme Court affected

our basic rights?

• What are the strengths and

weaknesses of court decisions

as instruments of social

change?

“Politics of the Judiciary”

Once confirmed, how long do

Federal Judges serve?

All Federal Judges (including Supreme Court Justices) serve

until they: 1) Retire, 2) Die, or 3) Are Impeached

1

2

3*Only seven federal judges have ever been impeached and

convicted (None of them Supreme Court Justices)2 Years

4 Years

6 Years

Vote?

Still, are Federal Judges TOTALLY

insulated from politics?

Judicial Restraint

Judicial Activism

Judicial Philosophies

Judicial Restraint- When Judges allow a lower court’s ruling to

stand despite possibly disagreeing with it PERSONALLY

(“When courts overturn acts of Congress they are overturning

the will of the people”)

Judicial Restraint

“Stand”

Judicial Activism- Judges should take into account their

personal feelings and the needs of society when deciding cases

and rule in a manner they believe helps American people

Judicial Activism

Judicial

Restraint

1

2https://www.youtube.com/watch?v=0hc3U-

GPtbY

Judicial Restraint

Judicial Activism

“Obamacare”

2010

5-4

Chief Justice

John Roberts

“…the Power to lay and collect taxes”

Judicial Restraint

Judicial Restraint

2

1

Brown vs the Board of

Education

“Separate but

Equal”

Unconstitutional

“Separate but

Equal”

Unconstitutional

Judicial Activism

Judicial Restraint

Judicial Activism

Judicial Philosophies

Federal Judges and Justices can be

removed from office only by:

A.The President

B.The Chief Justice of the Supreme Court

C.The Senate Judiciary Committee

D.Impeachment

Supreme Court justices were given life terms by the Framers of the Constitution in

order to ensure that:

A.Justices be less effected from direct political pressures

B.Justices remain accountable to the will of the public

C.Justices could act as a check against the power of political parties

D.They would never run for president

U.S. Presidents can most influence the

direction of the federal judiciary by:

A.Asking Congress to impeach specific judges

B.Using the media to build consensus of the

President’s position

C.Using the appointment process to select

judges with judicial philosophies similar to his

own

D.Pressuring Congress to pass legislation that

would override judicial opinions

A Supreme Court that demonstrates a

willingness to change public policy and

overturn a lower court’s decision is said to

be engaging in:

A.Judicial Activism

B.Judicial Restraint

C.Judicial Review

D.Judicial Courtesy

“We conclude that in the field of education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently

unequal”

The Supreme Court issued this opinion in its ruling on which of the following cases?

A.Gideon v. Wainwright

B.Marbury v. Madison

C.Brown v. Board of Education

D.Miranda v. Arizona

Homework!!!Textbook Pages: 403-

405, 411-114, 423-426

Graphic Novel Pages:

(None)