POLISCI Judicary Branch Questions

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School

California State University, Monterey Bay *

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Course

28391

Subject

Political Science

Date

Oct 30, 2023

Type

pdf

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Uploaded by ConstableJay3598

1. How are federal judges selected, nominated, and confirmed? What are the qualifications (as stated in the U.S. Constitution) necessary to become a federal judge? What is the term of office (months or years) of a Supreme Court Justice? a. Federal Judges are first nominated by the President and are confirmed by the Senate. Most of the time President’s will elect a judge who has voted in favor of views that the President shares. Although, I believe that this could lead to bias in Supreme Court cases and judges should be someone in the middle and tied to one political party. However, if the Senate does not like the candidate they can reject them and make the President choose another. Appointing and confirming a judge is extremely important. They are making decisions that are supposed to reflect the Constitution as well as the Nation. 2. What is the 3 tier organization of the federal judiciary system? How many courts in each tier? What type of cases does the Supreme Court (details)? a. In the Federal judiciary system there is a 3 tier organization. The first tier is the 94 district courts. These district courts are made up of about 700 judges. In every state there is at least one district court. In bigger states such as California there are four courts each. The three main types of cases that these courts deal with are criminal, civil, and public law. Although that may sound small there are thousands of cases with 45,000 in criminal and 200,000 civil cases in one year. 3. What is judicial review? Explain (in detail) the case of Marbury v. Madison a. Judicial review is a power granted to the Supreme Court that allows them to declare laws by Congress, the states, and actions of the President unconstitutional. Only the Supreme Court has the power of Judicial Review. With this power the Supreme Court can overturn laws that were made by Congress, the states and even the actions of the President if they are believed to be unconstitutional. This power is not directly given from the constitution but it is inferred from it from Alexander Hamiltion. He had said that limited government is preserved through the courts of justice, whose job was to declare that any acts or laws that go against the constitution must be voided. 4. What is judicial activism? What changes do you personally believe will be an outcome of the overturning of Roe v. Wade? Everyone is entitled to their own opinion and within a democracy we should protect it. a. Judicial activism is defined as a vigorous or active approach to reviewing the other branches of government. This is when the judicial branch must act vigilantly when protecting rights. This is especially clear in the 50s and 70s when segregation was put to an end, no school prayers were allowed, and a right to privacy was under the Constitution. Most of these cases involve the states and local laws. Many of our well known Supreme Court cases have overruled state laws that would change the whole social environment of an area. Such as segregation, child labor, same sex marriages and more.

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