Unit VI Lesson 4

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”

“How Long?”

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

Terms?

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

Judicial Restraint

Judicial Restraint

Judicial Activism

Judicial Philosophies

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 the American people

Judicial Restraint

1

2

Judicial Activism

“Obamacare”

2010

5-4

Chief JusticeJohn Roberts

“…the Power to lay and collect taxes”

Judicial Restraint

Judicial Restrain

t

21

Judicial Restraint

Judicial Activism

Judicial Philosophies

Brown vs the Board of Education

“Separate but Equal”

Unconstitutional

9-0

Sen. Strom Thurman

Judicial Activism

Judicial Restraint

Judicial Activism

Judicial Philosophies

Federal Judges and Supreme Court Justices can only be removed from office 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 hopes

that:

A.The Justices would be less effected by direct political pressures

B.The Justices would be accountable to the will of the public

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

D.The Justices 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 for the President’s position

C.Using the appointment process to select judges with judicial philosophies similar to his or her 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