The Judiciary: Definition and Historical Background.
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As with the other two branches of government, the judiciary developed and strengthened over time in Britain prior to its establishment in the colonies and then the United States. The accomplishment in the development of the court systems was its ability to establish it's independence from the other two, especially the executive. Judges handpicked and controlled by the executive will make whatever decision they have to to keep their jobs. In addition to walking through this history, this section also defines a few basic issues about the judiciary and walks through key aspects of it.
Blog matter:
- Common Law.
- Judicial Independence.
- The Judiciary.
- Star Chamber.
The Judiciary: Constitutional Design.
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Article 3 of the U.S. Constitution is remarkable short. Very little is said about the precise powers of the judiciary - or what the word even really means - other than establishing what it has jurisdiction over. Even that had to be defined in the early years of the court. Early on it was established that the court primarily heard cases involving actual incidences of disputes rather than hypothetical questions. In addition, people bringing cases before the court has to prove that they suffered an actual harm by a law or other government action, sometimes this can be difficult to prove.
Blog posts:
- Standing.
- State Sovereign Immunity.
- Supreme Court.
- The Unwritten Constitution.
The Evolution of Judicial Review.
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Among the items not mentioned in the Constitution was the principle power the court now has - judicial review. After describing it and explaining why it was not given to anyone in the Constitution, we will look at Hamilton's reasoning for why the judiciary should have it. It is not until an early case during the Marshal Court where the power was claimed by the court. Since then, arguments have raged over its use and what it means for the court to apply it. It raises questions of constitutional and statutory meaning and the relative power of the court over the other two branches of government.
For stuff on the blog:
- Judicial Activism.
- Judicial Appointments.
- Judicial Elections.
- Judicial Restraint.
- Judicial Review.
- Loose Construction.
- Original Intent.
- Originalism.
- Strict Construction.
The Federal Courts.
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All the Constitution states is that the judiciary is composed of a Supreme Court and such inferior courts as the Congress ordains and establishes. This is a walk through of that design and how it has evolved over time. It also includes some information about how Supreme Court and how it changes from time to time.
For things on the blog:
- Antonin Scalia.
- John Paul Stevens.
- John Roberts.
- Judicial Nominees.
- Justices.
Procedure and Opinion Making in the Supreme Court.
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There is a process in place for how cases get to the Supreme Court. The process is designed to whittle down the number of them. Each year over 10,000 cases are appealed to it. It recent years as few as 75 have been heard, but these are argued to be the ones that raise the most fundamental constitutional questions. The final part of this process is the writing of the court decisions, which are especially important because it carries an authoritative statement of what the Constitution actually means at a given moment in time.
- Blog stuff:
- Dissenting Opinions.
- Oral Arguments.
- Stare Decisis.
