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Dabney Notes 7-6

The document discusses the role and origins of the federal judicial system in the United States. It notes that while courts cannot make or enforce laws, they can interpret legal matters and declare things constitutional or unconstitutional. The framers appointed, rather than elected, justices to insulate them from political pressures and shifts in public opinion. Life tenure and an irreducible salary were designed to ensure judicial independence. The president nominates and the senate confirms justices, and expanding the number of Supreme Court justices has been proposed to potentially manipulate outcomes.

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28 views2 pages

Dabney Notes 7-6

The document discusses the role and origins of the federal judicial system in the United States. It notes that while courts cannot make or enforce laws, they can interpret legal matters and declare things constitutional or unconstitutional. The framers appointed, rather than elected, justices to insulate them from political pressures and shifts in public opinion. Life tenure and an irreducible salary were designed to ensure judicial independence. The president nominates and the senate confirms justices, and expanding the number of Supreme Court justices has been proposed to potentially manipulate outcomes.

Uploaded by

jconway4248
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© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Jordan Conway

7/6/2010

 The Federal Courts and the Judicial System


 The courts cannot make the laws
 The courts cannot enforce the laws
 However, have ability to see and tap into what represents for the people or best for the
people
 Interpret the legal matters and declare things constitutional or unconstitutional
 Just like the executive branch, the constitution did not clearly and explicitly state what the
role of the courts would be
 The judicial government, as touted by the federalist, was supposed to be the least
dangerous form of government (the most powerful being the legislative branch)
 However, is ultimately very powerful, because can declare a law that comes to them
unconstitutional, therefore weakening it
 As public opinion, population, and circumstances change, the court changes, it is not
stagnant there is an opportunity for issues that have been dealt with already to come up
again in courts
 Constitutional Beginnings:
 Justices are nominated by the president, confirmed by the senate, then appointed by
the president
 Why did the framers decide to appoint the judiciary instead of elect them?
 The courts wouldn’t be subject to the winds of change of the public, democratic
shifts
 Judicial independence which comes from:
 Tenure (Federalist paper78)
 Some state courts appoint their justices, but some elect them cannot be
based on a wise decision based on party affiliation  tenure is a way to
measure
 Long-term tenure has it benefits
 Immune from sociological changes that take place
 Older, have more experience
 Continuity and stability
 Also has its deficits
 Older, outdated view
 Little opportunity for turnover
 Long-term ideological imbalance of court
 Lack of long-term court experience that assist in “good” judicial
evaluation of cases
 Over half of members of supreme court did not have experience in a
lower court before appointment
 Keeping them away from popular elections
 The public would lose impartiality otherwise
 Irreducible salary (Federalist paper 89) the courts income cannot be subject to
manipulation, so it cannot relate to judicial decisions
 How can you manipulate outcomes?
 The president review spaper trial, monitoring/ evaluating the opinions of the
candidates
 Expand/ change numbers of justices in the Supreme Court, called “court packing”
 There is no limit to the number of justices laid out by the Constitution (we
currently have 9)

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