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Constitutional Protections of Judicial Independence

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Courts and the Rise of Political Parties: Federalists. Prosecution of administration critics ... Courts and the Rise of Political Parties: Republicans ... – PowerPoint PPT presentation

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Title: Constitutional Protections of Judicial Independence


1
Constitutional Protections of Judicial
Independence
  • Tenure during good behavior
  • No reductions in salary
  • Removal only for high Crimes and Misdemeanors

2
The Elected Branches and the Judiciary
  • President Appoints judges, with advice and
    consent of the Senate
  • Congress
  • Establishes lower courts
  • Determines the size of the Supreme Court
  • Determines much of the jurisdiction of the
    federal courts

3
Constitutional Debates The Federalists
  • Courts enforce the will of the people embodied in
    the Constitution
  • Judicial independence protects minority rights
  • Courts have no coercive power

4
Constitutional Debates The Anti-Federalists
  • Federal courts would have unprecedented
    independence
  • Impeachment the only means of removing judges
  • Courts would have control over Congress

5
Courts and the Rise of Political Parties
Federalists
  • Prosecution of administration critics
  • Federal judges strictly enforced the Sedition Act
  • New courts diminished states authority

6
Courts and the Rise of Political Parties
Republicans
  • Abolished the circuit courts and new judgeships
  • Impeached judges accused of partisanship
  • Asserted congressional control over courts

7
Critics of Federal Judicial Authority
  • Jefferson Fixed terms for judges
  • Calls to limit federal review of state court
    decisions
  • Defense of state jurisdiction over many cases

8
Reconstruction and the Federal Courts
  • Fears of a pro-Southern Supreme Court
  • Limiting jurisdiction over congressional acts
  • Reliance on courts to establish federal authority

9
The Courts in an Industrial Economy
  • Court injunctions against strikers
  • Court protection of private economic rights
  • Supreme Court rejection of economic regulation

10
Popular Reform Proposals
  • Election of judges
  • Limited terms of office
  • Jurisdiction stripping
  • Limits on judicial review

11
FDRs Court-Packing Plan
  • Alleged court delays resulting from elderly
    judges
  • Need for judges with modern experience
  • Authority to add new judges to all federal courts

12
The Defense of the Judiciary
  • Invasion of judicial power
  • Democratic opposition to Roosevelt
  • Progressives feared executive power grab
  • Popular opposition to the plan

13
Persistence of Attacks on Judicial Independence
  • Proposed structural changes in response to
    specific decisions
  • Jurisdiction stripping
  • Challenges to judicial tenure

14
Institutional Independence
  • Judicial Conference of the U.S. Courts
  • Administrative, educational, and research support
    for the courts
  • Self regulation of the judiciary

15
Public Trust in the Judiciary
  • Taft Judges responsibility to ensure public
    faith
  • Failure of attempts to limit judicial
    independence
  • Resistance to wholesale reorganization of the
    courts
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