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Judicial Influence and Limits on Power

This analysis explores the complex interplay between judicial decisions and political influences, highlighting how emotional responses can overshadow legal principles. It discusses how public opinion, lobbying by groups like the ACLU and NAACP, and justices' personal beliefs impact court rulings. Additionally, it examines the limits placed on the judiciary by Congress and the executive branch, including confirmation delays and the redefinition of appellate jurisdiction. Through historical examples, this work illustrates the balance between adherence to the law and political pressures that shape judicial outcomes.

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Judicial Influence and Limits on Power

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  1. Judicial Influence and Limits on Power

  2. Duck! What happens when a nation gives into emotion, rather than following laws…

  3. Political Influinces on Judicial Decisions • Public Opinion: though much less responsive than elected officials, the court has tailored it’s decisions • Ex. Brown opinion • Lobbying the Court: ACLU, NAACP- amicus curiae • The justices own beliefs: political backgrounds play a role

  4. Political Influences on Judicial Decisions • The Leverage and limits by public officials (the other branches): • From Congress: • Establishing the courts size and appellate jurisdiction • Congress can rewrite legislation it feels the judiciary has misinterpreted • Ex: National Industrial Recovery Act

  5. Infuinces and Limits on the Courts • Delaying confirmation of judicial nominees • ex: Judiciary Committee with Clinton’s nominees • Limiting the courts ability to hear certain kinds of cases (topics) • Proposing amendments: reason for 16th! • Cannot strike something as “unconstitutional”if it’s IN THE CONSTITUTION!

  6. Influence and Limits on the Court • Setting justices salaries • Confirmation power • Powers of President: • Judicial appointments: ex. More than 100 federal judgeships by Clinton • Enforcement power: admin. may enforce with much or little vigor! (depending how much the admin. agrees)

  7. What was Jackson’s famous quote? • “John Marshall made his decision, now let him carry it out!” • Other ways to evade court decisions: • Decisions remanded to a lower court to carry out • State and lower courts might not carry out ( ex. prayer issue, segregation) Thanks, Mr. Prez, now me go West!

  8. I’d like to see you in a robe. Harriet Myers dropped out after being scrutinized.

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