Chapter Study OutlineIntroduction Show Courts serve the essential functions of arbitrating disputes in society and interpreting the Constitution and the laws. The American judiciary is an independent institution that also serves the separation of powers function of checking Congress and the president. Throughout American history, the judiciary has settled constitutional crises, helped protect the rights and liberties of the American people (including noncitizens), and helped promote the American economy by ensuring liberty. Although the Supreme Court’s constitutional powers are relatively meager, its authority emanates from its ability to interpret the Constitution and laws. Independent but inherently political, the American judiciary has expanded its agenda and its power throughout American history. 1. The Judicial Process What types of cases does the American judiciary hear and decide? How does it proceed and render its decisions?
2. The Organization of the Court System What types of courts constitute the federal judiciary? How are those various courts organized and what are their responsibilities? How are justices and judges selected?
3. How Courts Work as Political Institutions Treating judges as political actors and the judiciary as an important political institution, what functions do federal courts perform?
4. The Power of Judicial Review What is judicial review? How and when was it established? How frequently and in what way is it used in contemporary American politics?
5. The Supreme Court in Action What is the process by which cases reach the Supreme Court? How is the flow of cases determined? What procedures does the court employ to prepare, hear, and decide on cases?
6. Judicial Decision Making How does the Supreme Court make its decisions? How does it interact with Congress, the president, and the executive branch in the separation of powers framework? How might we consider these interactions as strategic behavior on the part of the Supreme Court?
7. The Expanding Power of the Judiciary How has the power of the judiciary changed over time? What are the traditional limitations on the federal courts? How did the courts seek to overcome these limitations in the twentieth century?
How can Congress check the power of the courts?Congress can pass legislation to attempt to limit the Court's power: by changing the Court's jurisdiction; by modifying the impact of a Court decision after it has been made; or by amending the Constitution in relation to the Court.
Which of the following allows Congress to check the power of the Supreme Court?Which of the following allows Congress to check the power of the Supreme Court? The power to amend allows Congress to check the power of the Supreme Court.
Which of the following is a way Congress can influence the federal judiciary?The president and Congress have some control of the judiciary with their power to appoint and confirm appointments of judges and justices. Congress also may impeach judges (only seven have actually been removed from office), alter the organization of the federal court system, and amend the Constitution.
How can Congress get around a court ruling?When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
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