JUD - Judiciary Topics Lesson

LO 2.8.A

Explain the principle of judicial review and how it checks the power of other branches.

EK 2.8.A.1

The foundation for powers of the judicial branch and the argument for how its independence checks the power of other branches is set forth in the following documents, respectively:

1. Article III of the Constitution
2. Federalist No. 78

Review the two videos below before moving forward in this module.

Video 1 - The Judicial Branch by Carey LaManna

Video 2 - The Judicial Branch by Heimler's History

LO 2.9.A

Explain the role of legal precedent in judicial decision making.

EK 2.9.A.1

Stare decisis (the legal doctrine under which courts follow legal precedents when deciding cases with similar facts) plays an important role in judicial decision making.

EK 2.9.A.2

Ideological changes in the composition of the Supreme Court due to presidential appointments have led to the Court’s establishing new or rejecting existing precedents.

Review the two videos below before moving forward in this module.

Video 1 - Role of the Judicial Branch by Carey LaManna

Video 2 - Legitimacy of the JUDICIAL BRANCH by Heimler's History

LO 2.10.A

Explain how life tenure can lead to debate about the Supreme Court’s power.

EK 2.10.A.1

Life tenure for justices allows the court to function independent of the current political climate. As a result of this independence, the Court can deliver controversial or unpopular court decisions, which in turn can lead to debate about the court’s power.

Review the two videos below before moving forward in this module.

Video 1 - The Court in Action by Carey LaManna

Video 2 - Judicial Review…Judicial Activism…The Supreme Court in Action & How It Can Be CHECKED by Heimler's History

LO 2.11.A

Explain how the exercise of judicial review can lead to debate about the Supreme Court’s power.

LO 2.11.B

Explain how other branches in the government can limit the Supreme Court’s power

EK 2.11.A.1

Explain how the exercise of judicial review can lead to debate about the Supreme Court’s power.

1. Judicial activism asserts that judicial review allows the courts to overturn current Constitutional and case precedent or invalidate legislative or executive acts.
2. Judicial restraint asserts that judicial review should be constrained to decisions that adhere to current Constitutional and case precedent.

EK 2.11.B.1

Restrictions on the Supreme Court are represented by:  

1. Congressional legislation to modify the impact of prior Supreme Court decisions
2. Ratification of a Constitutional amendment
3. Judicial appointments and confirmations which may shift the ideological balance of the court
4. The president and states delaying implementation of a Supreme Court decision
5. Enacting legislation to limit the cases the Supreme Court can hear on appeal by removing the court’s jurisdiction over a case

Review the video below before moving forward in this module.

Checks on the Judicial Branch by Carey LaManna