POLS 3410 Lecture Notes - Lecture 14: Judicial Restraint, Peer Pressure, Judicial Activism
17 May 2018
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03/28/2018 Lecture 14: The Judicial Branch
A Nation of Laws and Lawyers
• Lawsuits are a near constant feature of American public life
• Declining trust of the law, lawyers and the legal system
• Images of law as a kind of crusade
Organizing the Judicial Branch
• The U.S. exhibits judicial federalism – both federal and state court systems are each further
divided into three layers: trial, appellate, and highest appeal
o Lower courts conduct trials
o Appellate courts hear appeals
o The supreme court renders a final verdict
• Judicial selection – state and local judges may be elected or appointed by the governor
• Federal courts – hear three types of cases
o Crimes that violate federal laws
o Issues that involve federal treaties
o Cases touching on the constitution
The Court’s Role
• Judicial review – the court’s authority to strike don acts that iolate the constitution and to
interpret what the constitution means
• Judicial activism – a vigorous or active approach to reviewing the other branches of government
• Judicial restraint – reluctance to interfere with elected branches, only doing so as a last resort
Judicial Decision Making and Reform
• Four perspectives on how judges reach their decisions in a case
o The role of the law – justices read the law, consider the intent of those who framed the
law, and place the case in the context of the constitution
o Ideology and partisanship
o Collegiality and peer pressure
o Institutional concerns
Criticizing the Judiciary
• Four common critiques include:
o The high cost of litigation
o Perceived bias
o Judicial power
o The possibility of corruption
find more resources at oneclass.com
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Document Summary
Lawsuits are a near constant feature of american public life: declining trust of the law, lawyers and the legal system. Images of law as a kind of crusade. Judicial selection state and local judges may be elected or appointed by the governor: federal courts hear three types of cases, crimes that violate federal laws. Issues that involve federal treaties: cases touching on the constitution. Judicial review the court"s authority to strike do(cid:449)n acts that (cid:448)iolate the constitution and to interpret what the constitution means. Judicial activism a vigorous or active approach to reviewing the other branches of government. Judicial restraint reluctance to interfere with elected branches, only doing so as a last resort. Ideology and partisanship: collegiality and peer pressure. Criticizing the judiciary: four common critiques include, the high cost of litigation, perceived bias.
