Created from Youtube video: https://www.youtube.com/watch?v=M6VmIDNP_YUvideoConcepts covered:judicial branch, judicial review, Marbury v. Madison, Federalist 78, Supreme Court
The video provides a comprehensive review of the judicial branch, focusing on its independence, the power of judicial review, and the checks on its authority. Key topics include the significance of Article III, Federalist 78, and the landmark case Marbury v. Madison, which established judicial review, as well as the evolving power dynamics and ideological shifts within the Supreme Court.
Federalist 78: Addressing Anti-Federalist Concerns on Judicial Power
Concepts covered:Anti-Federalists, judicial branch, Federalist 78, lifetime tenure, independent judiciary
The chapter discusses the concerns of Anti-Federalists regarding the power of the judicial branch as outlined in Federalist 78. It explains how Alexander Hamilton argued that the judiciary, with its lifetime tenure and independence, serves as a check on the legislative and executive branches, rather than a threat, due to its lack of enforcement power and reliance on the other branches.
Question 1
Judges have lifetime tenure unless impeached for bad behavior.
Question 2
What power does the judiciary lack compared to other branches?
Question 3
Judges' pay cannot be _____ by Congress.
Question 4
CASE STUDY: A judge is accused of unethical behavior.
What action should be recommended?
Question 5
CASE STUDY: A state law contradicts a Supreme Court ruling.
Select three correct state responses.
Question 6
Anti-Federalists feared judicial power over state decisions.
Question 7
How does Article 3 protect judicial independence?
Question 8
Judges hold office during _____ behavior according to the plan.
Question 9
CASE STUDY: A state court decision conflicts with a federal law.
What should the Supreme Court do next?
Question 10
Judges are elected by the people in the US.
Question 11
How does lifetime tenure protect judicial impartiality?
Question 12
The Anti-Federalists were concerned about the judiciary's _____ power.
Question 13
The judiciary cannot enforce its own decisions.
Question 14
What is the role of the judiciary according to Fed 78?
Question 15
The judiciary can overturn decisions of _____ courts.
Question 16
The judiciary has power over the national budget.
Question 17
Why were Anti-Federalists concerned about judicial independence?
Question 18
The judiciary lacks the power of the _____ compared to other branches.
Judicial Restraint vs. Judicial Activism: Interpretative Approaches in Law
Concepts covered:judicial restraint, judicial activism, Constitution, conservatives, liberals
The chapter discusses the concepts of judicial restraint and judicial activism, highlighting their differences and implications in legal decisions. Judicial restraint involves strict adherence to the Constitution, often favored by conservatives, while judicial activism allows for a more dynamic interpretation to protect rights, traditionally supported by liberals but recently adopted by conservatives in overturning precedents.
Question 19
Judicial restraint focuses on original constitutional intent.
Question 20
How have recent conservative decisions been characterized?
Question 21
Judicial restraint focuses on _____ the Constitution.
Question 22
CASE STUDY: A court is faced with a case where a long-standing precedent is challenged due to societal changes. The judges must decide whether to uphold the precedent or adapt to new societal norms.
What do the judges recommend in this situation?
Question 23
CASE STUDY: A federal court is reviewing a case where previous courts have avoided involvement due to lack of explicit constitutional guidance. The current court is considering stepping in.
Select three correct reasons for court intervention.
Question 24
Judicial activism views the Constitution as a living document.
Question 25
What is a key feature of judicial activism?
Question 26
Conservatives traditionally support _____ in judicial decisions.
Question 27
CASE STUDY: A judge is reviewing a case involving a new technology that the Constitution does not explicitly address. The judge must decide whether to interpret the Constitution strictly or consider modern implications.
What should the judge prioritize in this case?
Question 28
Brown v. Board was an example of judicial activism.
Question 29
What defines judicial restraint in decision-making?
Question 30
Brown vs. Board is an example of judicial _____.
Question 31
Conservatives always support judicial activism.
Checks on Judicial Power by Congress and the President
Concepts covered:Congress, court jurisdiction, constitutional amendments, executive orders, judicial appointments
The chapter discusses how Congress and the President can check the power of the courts. Congress can pass laws affecting court jurisdiction, propose constitutional amendments, and control court funding, while the President can refuse to enforce court decisions and influence the judiciary through appointments.
Question 32
Congress can limit court jurisdiction by passing laws.
Question 33
What can the President do to check courts?
Question 34
Congress can propose a constitutional amendment to change the court's _____.
Question 35
CASE STUDY: The President disagrees with a recent court ruling that affects national policy. He is exploring ways to minimize its impact.
How can the President limit the ruling's impact?
Question 36
CASE STUDY: A federal court decision has been made that the President believes undermines executive authority. The President is planning a response.
Select three actions the President might take.
Question 37
Congress can propose constitutional amendments affecting the courts.
Question 38
What is a long-term presidential strategy for courts?
Question 39
Congress can limit the court's power by restricting its _____.
Question 40
CASE STUDY: A new controversial Supreme Court decision has sparked public outrage. Congress is considering its options to address the decision's impact.
What can Congress do to limit the decision?
Question 41
Presidents can refuse to enforce court decisions.
Question 42
How can Congress limit court jurisdiction?
Question 43
The president can issue _____ to reduce the impact of a decision.
Question 44
Presidents appoint judges to federal courts.
Question 45
How can Congress respond to a court decision?
Question 46
The president can refuse to _____ a court decision.
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