What Are the Two Forms of Judicial Review Quizlet

The Bear on of Courtroom Decisions

Courtroom decisions tin have a very strong influence on electric current and future laws, policies, and practices.

Learning Objectives

Place the impacts of court decisions on current policies and practices.

Cardinal Takeaways

Key Points

• Court decisions can have an important touch on on policy, law, and legislative or executive activeness; different courts tin also have an influence on each other.
• In the U.S. legal systems, a precedent is a principle or rule established in a previous legal court decision that is either bounden on, or persuasive for, a courtroom or other tribunal when deciding subsequent cases with similar bug or facts.
• Common law precedent is a third kind of police, on equal ground with statutory law (statutes and codes enacted by legislative bodies), and regulatory law (regulations promulgated by executive co-operative agencies).
• Stare decisis is a legal principle past which judges are obliged to respect the precedent established past prior court decisions.
• Vertical precedent is the application of the doctrine of stare decisis from a superior court to an inferior courtroom; horizontal precedent, on the other hand, is the application of the doctrine across courts of similar or coordinate level.

Primal Terms

• privatization: the regime outsourcing of services or functions to private firms

Privatization is government outsourcing of services or functions to private firms. These services oft include, revenue collection, law enforcement and prison management.

In competitive industries with well-informed consumers, privatization consistently improves efficiency. The more competitive the industry, the greater the comeback in output, profitability and efficiency. Such efficiency gains mean a ane-off increment in GDP, but improved incentives to innovate and reduce costs also tend to enhance the rate of economic growth. Although typically there are many costs associated with these efficiency gains, many economists fence that these tin exist dealt with by appropriate authorities support through redistribution and perhaps retraining.

Capitol Hill: Capitol Hill, where bills get laws.

Studies show that individual market factors can more efficiently deliver many goods or service than governments due to complimentary market contest. Over fourth dimension this tends to lead to lower prices, improved quality, more choices, less abuse, less red tape and/or quicker delivery. Many proponents do not argue that everything should be privatized. Market place failures and natural monopolies could be problematic.

Opponents of sure privatizations believe that certain public goods and services should remain primarily in the hands of regime in order to ensure that everyone in club has admission to them. At that place is a positive externality when the government provides society at large with public appurtenances and services such equally defense force and disease command. Some national constitutions in effect define their governments' core businesses every bit being the provision of such things as justice, tranquility, defence and general welfare. These governments' direct provision of security, stability and condom is intended to be washed for the common good with a long-term perspective. Every bit for natural monopolies, opponents of privatization merits that they aren't subject to fair contest and are better administrated past the land. Besides, individual goods and services should remain in the hands of the individual sector.

The Power of Judicial Review

Judicial review is the doctrine where legislative and executive actions are subject area to review past the judiciary.

Learning Objectives

Explain the significance of judicial review in the history of the Supreme Courtroom

Central Takeaways

Key Points

• Judicial review is an example of the separation of powers in a modernistic governmental organisation.
• Mutual law judges are seen as sources of law, capable of creating new legal rules and rejecting legal rules that are no longer valid. In the civil law tradition, judges are seen as those who apply the law, with no power to create or destroy legal rules.
• In the United States, judicial review is considered a key cheque on the powers of the other ii branches of government by the judiciary.

Key Terms

• doctrine: A conventionalities or tenet, especially about philosophical or theological matters.

Judicial review is the doctrine under which legislative and executive actions are subject to review past the judiciary. Specific courts with judicial review power must annul the acts of the land when it finds them incompatible with a college say-so. Judicial review is an example of the separation of powers in a modernistic governmental system. This principle is interpreted differently in unlike jurisdictions, so the procedure and scope of judicial review differs from state to country.

Judicial review can be understood in the context of ii distinct—only parallel—legal systems, civil law and mutual constabulary, and too by two distinct theories on republic and how a government should exist set up, legislative supremacy and separation of powers. Common law judges are seen as sources of law, capable of creating new legal rules and rejecting legal rules that are no longer valid. In the civil law tradition, judges are seen as those who apply the law, with no power to create or destroy legal rules.

The separation of powers is another theory nigh how a democratic guild's regime should exist organized. Beginning introduced by French philosopher Charles de Secondat, Baron de Montesquieu, separation of powers was later on institutionalized in the Us by the Supreme Court ruling in Marbury v. Madison. It is based on the idea that no branch of government should be more powerful than any other and that each branch of government should have a check on the powers of the other branches of government, thus creating a residuum of power amid all branches of authorities. The key to this idea is checks and balances. In the United States, judicial review is considered a key check on the powers of the other 2 branches of government by the judiciary.

Judicial Activism and Restraint

Judicial activism is based on personal/political considerations and judicial restraint encourages judges to limit their power.

Learning Objectives

Compare and dissimilarity judicial activist and judicial-restrained judges

Key Takeaways

Primal Points

• Judicial activism describes judicial rulings suspected of being based on personal or political considerations rather than on existing constabulary.
• Judicial restraint encourages judges to limit the practise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts equally obviously unconstitutional is itself a matter of some debate.
• Detractors of judicial activism contend that it usurps the ability of elected branches of authorities or appointed agencies, damaging the dominion of police and democracy. Defenders say that in many cases it is a legitimate form of judicial review and that interpretations of the police force must change with the times.

Key Terms

• statutory: Of, relating to, enacted or regulated by a statute.

Felix Frankfurter: Erstwhile Acquaintance Justice Felix Frankfurter, one of the first major advocates to abet deferring to the legislature.

Judicial activism describes judicial rulings suspected of being based on personal or political considerations rather than on existing constabulary. The definition of judicial activism and which specific decisions are activist, is a controversial political effect. The phrase is generally traced dorsum to a comment by Thomas Jefferson, referring to the despotic behavior of Federalist federal judges, in detail, John Marshall. The question of judicial activism is closely related to constitutional interpretation, statutory structure and separation of powers.

Detractors of judicial activism argue that it usurps the ability of elected branches of regime or appointed agencies, damaging the rule of constabulary and democracy. Defenders say that in many cases it is a legitimate grade of judicial review and that interpretations of the constabulary must change with the times.

Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. Information technology asserts that judges should hesitate to strike downward laws unless they are obviously unconstitutional, though what counts as apparently unconstitutional is itself a affair of some fence.

In deciding questions of ramble law, judicially-restrained jurists go to bang-up lengths to defer to the legislature. Onetime Associate Justice Oliver Holmes Jr. is considered to be i of the first major advocates of the philosophy. Former Acquaintance Justice Felix Frankfurter, a Democrat appointed by Franklin Roosevelt, is generally seen as the model of judicial restraint.

Judicially-restrained judges respect stare decisis, the principle of upholding established precedent handed downward by past judges. When Master Justice Rehnquist overturned some of the precedents of the Warren Court, Time mag said he was not following the theory of judicial restraint. Still, Rehnquist was also acknowledged as a more bourgeois advocate of the philosophy.

The Supreme Court every bit Policy Makers

The Constitution does not grant the Supreme Court the ability of judicial review but the power to overturn laws and executive actions.

Learning Objectives

Discuss the constitutional powers and dominance of the Supreme Court and its role in developing policies

Key Takeaways

Key Points

• The Supreme Court outset established its ability to declare laws unconstitutional in Marbury v. Madison (1803), consummating the system of checks and balances, assuasive judges to have the concluding word on allocation of authority amidst the three branches of the federal government.
• The Supreme Court cannot direct enforce its rulings, but it relies on respect for the Constitution and for the law for adherence to its judgments.
• Through its power of judicial review, the Supreme Court has defined the telescopic and nature of the powers and separation between the legislative and executive branches of the federal government.

Primal Terms

• impeachment: the human action of impeaching a public official, either elected or appointed, before a tribunal charged with determining the facts of the matter.

A policy is described as a principle or dominion to guide decisions and reach rational outcomes. The policy bicycle is a tool used for the analyzing of the development of a policy item. A standardizes version includes agenda setting, policy formulation, adoption, implementation and evaluation.

The Constitution does non explicitly grant the Supreme Court the power of judicial review but the ability of the Court to overturn laws and executive actions it deems unlawful or unconstitutional is well-established. Many of the Founding Fathers accepted the notion of judicial review. The Supreme Court kickoff established its power to declare laws unconstitutional in Marbury 5. Madison (1803), consummating the system of checks and balances. This power allows judges to have the concluding word on allotment of authority among the iii branches of the federal government, which grants them the power to prepare bounds to their own authority, equally well as to their immunity from outside checks and balances.

Supreme Court: The Supreme Court holds the power to overturn laws and executive actions they deem unlawful or unconstitutional.

The Supreme Court cannot straight enforce its rulings, just it relies on respect for the Constitution and for the law for adherence to its judgments. I notable instance came in 1832, when the state of Georgia ignored the Supreme Court's conclusion in Worcester v. Georgia. Some country governments in the southward likewise resisted the desegregation of public schools after the 1954 judgment Dark-brown v. Lath of Education. More recently, many feared that President Nixon would reject to comply with the Court'south order in U.s.a. v. Nixon (1974) to surrender the Watergate tapes. Nixon ultimately complied with the Supreme Courtroom's ruling.

Some argue that the Supreme Court is the most separated and to the lowest degree checked of all branches of government. Justices are not required to stand for election by virtue of their tenure during skilful behavior and their pay may not be diminished while they hold their position. Though subject to the process of impeachment, only i Justice has e'er been impeached and no Supreme Courtroom Justice has been removed from office. Supreme Court decisions have been purposefully overridden by constitutional amendment in just four instances: the Eleventh Amendment overturned Chisholm 5. Georgia (1793), the13^th and 14^thursday Amendments in effect overturned Dred Scott v. Standford (1857), the 16^th Amendment reversed Pollock v. Farmers' Loan and Trust Co. (1895) and the 16^thursday Subpoena overturned some portions of Oregon v. Mitchell (1970). When the Court rules on matters involving the interpretation of laws rather than of the Constitution, simple legislative activeness can reverse the decisions. The Supreme Court is non allowed from political and institutional restraints: lower federal courts and state courts sometimes resist doctrinal innovations, every bit do police force enforcement officials.

On the other mitt, through its power of judicial review, the Supreme Court has defined the scope and nature of the powers and separation betwixt the legislative and executive branches of the federal regime. The Court's decisions can also impose limitations on the scope of Executive say-so, every bit in Humphrey'due south Executor v. United States (1935), the Steel Seizure Case (1952) and United States v. Nixon (1974).

2 Judicial Revolutions: The Rehnquist Court and the Roberts Court

The Rehnquist Court favored federalism and social liberalism, while the Roberts Court was considered more conservative.

Learning Objectives

Compare and contrast the Rehnquist Court and the Roberts Courtroom

Key Takeaways

Key Points

• Rehnquist favored a conception of federalism that emphasized the 10th Amendment 's reservation of powers to united states. Under this view of federalism, the Supreme Court, for the kickoff fourth dimension since the 1930s, struck down an Act of Congress equally exceeding federal power under the Commerce Clause.
• In 1999, Rehnquist became the 2nd Chief Justice to preside over a presidential impeachment trial, during the proceedings against President Bill Clinton.
• One of the Court'south major developments involved reinforcing and extending the doctrine of sovereign immunity, which limits the ability of Congress to subject not-consenting states to lawsuits by individual citizens seeking coin damages.
• The Roberts Court refers to the Supreme Court of the United States since 2005, under the leadership of Chief Justice John G. Roberts. It is by and large considered more than bourgeois than the preceding Rehnquist Court, as a result of the retirement of moderate Justice Sandra Day O'Connor.
• In its outset v years, the Roberts court has issued major rulings on gun control. affirmative action, campaign finance regulation, ballgame, capital penalty and criminal sentencing.

Key Terms

• certiorari: A grant of the correct of an appeal to be heard by an appellate court where that court has discretion to choose which appeals it will hear.

William Rehnquist: Quondam Main Justice William Rehnquist

William Rehnquist served equally an Associate Justice on the Supreme Courtroom of the The states, and afterward as the 16^th Primary Justice of the United States. When Chief Justice Warren Burger retired in 1986, President Ronald Reagan nominated Rehnquist to fill the position. The Senate confirmed his appointment by a 65-33 vote and he assumed office on September 26, 1986.

In 1999, Rehnquist became the second Main Justice to preside over a presidential impeachment trial, during the proceedings against President Nib Clinton. In 2000, Rehnquist wrote a concurring opinion in Bush v. Gore, the case that finer ended the presidential election controversy in Florida, that the Equal Protection Clause barred a standard-less manual recount of the votes as ordered by the Florida Supreme Courtroom.Considered a conservative, Rehnquist favored a conception of federalism that emphasized the Tenth Amendment's reservation of powers to u.s.a.. Nether this view of federalism, the Supreme Courtroom, for the beginning time since the 1930s, struck down an Act of Congress as exceeding federal power under the Commerce Clause. He won over his fellow justices with his easygoing, humorous and unpretentious personality. Rehnquist also tightened upward the justices' conferences, keeping them from going too long or off rails. He as well successfully lobbied Congress in 1988 to give the Court command of its own docket, cut back mandatory appeals an certiorari grants in general.

The Rehnquist Court's congruence and proportionality standard made it easier to revive older precedents preventing Congress from going too far in enforcing equal protection of the laws. I of the Court's major developments involved reinforcing and extending the doctrine of sovereign immunity, which limits the power of Congress to subject non-consenting states to lawsuits past individual citizens seeking money damages.

Rehnquist presided equally Chief Justice for nearly xix years, making him the fourth-longest-serving Chief Justice after John Marshall, Roger Taney and Melville Fuller. He is the 8th longest-serving justice in Supreme Courtroom history.

The Roberts Courtroom refers to the Supreme Court of the United States since 2005, nether the leadership of Chief Justice John One thousand. Roberts. It is generally considered more bourgeois than the preceding Rehnquist Court, as a event of the retirement of moderate Justice Sandra 24-hour interval O'Connor and the subsequent confirmation of the more conservative Justice Samuel Alito in her place.

After the expiry of Primary Justice Rehnquist, Roberts was nominated past President George W. Bush, who had previously nominated him to replace Sandra Day O'Connor. The Senate confirmed his nomination by a vote of 78-22. Roberts took the Constitutional oath of function, administered by senior Acquaintance Justice John Paul Stevens at the White House, on September 29, 2005, about immediately afterward his confirmation. On October 3, he took the judicial adjuration provided for by the Judiciary Human action of 1789, prior to the kickoff oral arguments of the 2005 term.

In its first five years, the Roberts court issued major rulings on gun control. affirmative action, entrada finance regulation, abortion, death penalty and criminal sentencing.

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Source: https://courses.lumenlearning.com/boundless-politicalscience/chapter/judicial-review-and-policy-making/

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