SCOTUS Supreme Court of the United States, political factors, Marbury versus Madison, 14th Amendment, US Constitution, Marshall Court, judicial system, Judiciary Act of 1789, POTUS President of the United States, RBG Ruth Bader Ginsburg, USA United States of America
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Abstract
This course worksheet focuses on how has the SCOTUS come to play such a major role in policy-making? What issues does this raise? In order to answer those questions, we will study: - How and why SCOTUS acquired the power of judicial review. - The consequences of the power of judicial review on the politicization of the judicial branch. - How SCOTUS exercised this power from the 19th century to today.
Contents
Early Days - Third Branch, Fifth Wheel?
The last branch of the Constitution
A paradoxical status
An unclear role (article 3, section 2)
How the Judiciary Secured Judicial Review as its Exclusive Prerogative?
John Marshall, CJ, champion of the judiciary
Marbury v. Madison (1803)
Marshall's legal approach: the broad interpretation (Mc Culloch v. Maryland, 1819)
An Increasingly Politicized Branch
Legal doctrines
High stakes
9 increasingly coveted seats: recent battles
An untimely death: RBG
SCOTUS in History - Landmark Decisions in the 19th And 20th Century
Missed opportunities and shameful decisions
Embracing and enlarging the 14th Amendment
The Power of the Court in Question
How powerful and how legitimate is SCOTUS?
The power to shape policies?
Early Days - Third Branch, Fifth Wheel?
The last branch of the Constitution
A paradoxical status
An unclear role (article 3, section 2)
How the Judiciary Secured Judicial Review as its Exclusive Prerogative?
John Marshall, CJ, champion of the judiciary
Marbury v. Madison (1803)
Marshall's legal approach: the broad interpretation (Mc Culloch v. Maryland, 1819)
An Increasingly Politicized Branch
Legal doctrines
High stakes
9 increasingly coveted seats: recent battles
An untimely death: RBG
SCOTUS in History - Landmark Decisions in the 19th And 20th Century
Missed opportunities and shameful decisions
Embracing and enlarging the 14th Amendment
The Power of the Court in Question
How powerful and how legitimate is SCOTUS?
The power to shape policies?
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Extract
[...] John Marshall, CJ, champion of the judiciary - Nominated by President Adams and confirmed Chief Justice by Senate in 1801 - Served 34 years as Chief Justice (longest term so far) - Played a major role in shaping ? The role of the judicial branch ? U.S. constitutional law - What is his legacy? - First: changed the practices of decision delivery Before Marshall Court: - British tradition of Seriatim practice each Justice issued an individual opinion - Per curiam in the name of the court During and after Marshall Court: - SCOTUS issues a single decision - Single decision: one Justice speaking for the whole court ? [...]
[...] Shaped recent policies? A. How powerful and how legitimate is SCOTUS? Powerful? Yes - Power to strike down wide range of acts - National impact - Master of its own agenda: Justices decide which case they will heard No - Limited sessions and limited number of cases every session ? 8,000 cases filed on average ? 80 cases granted certiorari each session - Cases selected according to composition of court and political atmosphere How does a case make it to SCOTUS? [...]
[...] Lobby elected officials ? Careful selection process by the Executive political move Nomination procedure Nominated by POTUS Hearing before Senate Judiciary Committee Confirmation by Senate Appointment by POTUS - Senate holds hearings of nominees for all federal judicial positions to vet him/her ? May delay hearing (no timeline in Constitution) ? May refuse to confirm nominee ??Checks and balances: The President nominates "with the advice and consent" of the Senate C increasingly coveted seats: recent battles - In his first term, Trump had the opportunity to nominate as many as 3 Justices ? [...]
[...] Legal expertise, experience ? But also the nominee's legal doctrine and ideology - SCOTUS issues decisions based on: ? The constitution ? Precedents interpreting it - Stare decisis: legal principle by which judges are bound by prior rulings ? = have to respect the precedent established by prior decisions - Can a precedent be overturned? ? Yes: ONLY by the court or by a superior court and ONLY if there is a strong reason - In what circumstances can SCOTUS reverse its own precedent? [...]
[...] Only provides general ideas ? It is the spirit of the Constitution that must be respected by laws and powers - Favors a broad interpretation of the Constitution Why is this case still remembered today? - Consequences: - For judicial Review: - Chief Justice Marshall's conclusion: ? Role of SCOTUS to interpret the spirit of the Constitution (and not the letter) - For federalism: - Start of the expansion of federal powers, justified by the "implied powers" doctrine ? Congress can do things which are NOT expressly written in the Constitution, as long as it respects its spirit - Many states contested this decision ? [...]
