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Prentice Hall PoliticalScience Interactive. Thomas R. Dye Politics in America Chapter 13 Courts: Judicial Politics. Judicial Power.

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Prentice Hall PoliticalScience Interactive

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Prentice hall politicalscience interactive

Prentice HallPoliticalScienceInteractive

Thomas R. Dye

Politics in America

Chapter 13

Courts: Judicial Politics

Judicial power

Judicial Power

“The meaning of ‘due process’ and the content of terms like ‘liberty’ are not revealed by the Constitution. It is the Justices who make the meaning. They read into the neutral language of the Constitution their own economic and social views. Let us face the fact that the five Justices of the Supreme Court are the molders of policy rather than the impersonal vehicles of revealed truth.”

-Former Supreme Court Justice Felix Frankfurter

John marshall and early supreme court politics

John Marshall and Early Supreme Court Politics

  • A dedicated Federalist

  • Sworn in as Chief Justice of the Supreme Court through a “midnight appointment” of President Adams in 1801

  • Marbury v. Madison

Judicial review

Judicial Review

Review of


In over two centuries, the Court has struck down fewer than 150 of the more than 60,000 laws passed by Congress

Review of

State Laws

A more frequent type of review, often with an impact that extends far beyond the state in consideration (Brown v. Board of Education)

Judicial review of presidential actions

Judicial Review of Presidential Actions

  • The Court has only exercised its power of judicial review of presidential actions a handful of times since its inception.

  • Paula Jones v. President Clinton (1997)

Activism versus self restraint

Activism Versus Self-Restraint

People in politics sandra day o connor

People in Politics:Sandra Day O’Connor

  • The first woman to serve on the Supreme Court

  • Appointed by Ronald Reagan in 1981

  • Instrumental in preserving the constitutional right to an abortion

Structure and jurisdiction of the federal courts

Structure and Jurisdiction of the Federal Courts

America is drowning itself in a sea of lawsuits

America is Drowning Itself in a Sea of Lawsuits

Reform Politics

“Joint and Severable” Liability

“Pain and Suffering” Awards

Third-Party Suits

Product Liability

Caseloads in federal courts

Caseloads in Federal Courts

Adversarial proceedings

Adversarial Proceedings

The Adversarial System

Judges serve as relatively passive and detached referees who do not argue with attorneys or challenge evidence

The Inquisitorial System

Judges take an active role in discovering and evaluating evidence, will question witnesses and intervene as deemed necessary

The special rules of judicial policy making

The Special Rules of Judicial Policy Making

  • Standing

  • Class Action Suits

  • Legal Fees

  • Remedies and Relief

  • Independent Counsels

Who is selected

Who is Selected?

Judicial Experience

Law Degrees


Race & Gender

The confirmation of clarence thomas

The Confirmation of Clarence Thomas

A University of Oklahoma law professor, Anita Hill, claimed that Thomas had sexually harassed her. Thomas denied the charges.

Supreme court decision making

Supreme Court Decision Making

The supreme court

The Supreme Court

Politics and the supreme court

Politics and the Supreme Court

Liberal and Conservative Voting Blocs on the Supreme Court

Politics and the supreme court1

Politics and the Supreme Court

  • Liberal and conservative voting blocs

  • Public opinion

  • Presidential influence

  • Interest-group influence

Do you have confidence in the supreme court

Do You Have Confidence in the Supreme Court?

Question: Now I am going to read you a list of institutions in American society. Please tell me how much confidence you, yourself, have in each one--a great deal, quite a lot, some, or very little?…The US Supreme Court

Checking court power

Checking Court Power

Legitimacy as a Restraint

Compliance with Court Policy

Presidential Influence on Court Policy

Congressional Checks

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