Title: The Judicial Branch Free Essay Sample
Headings: The Judicial Branch
The Judicial Branch
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Content: The power of the Courts The federal courts most important power is judicial review, or the authority to interpret the Constitution. When federal judges rule that laws or government actions violate the spirit of the Constitution, they profoundly shape public policy. For example, federal judges have declared over 100 federal laws unconstitutional. Another measure of the Supreme Court’s power is its ability to overrule itself. In 1954, the Supreme Court ruled in Brown v. Board of Education of Topeka that schools segregated by race were unconstitutional. This reversed the 1896 Plessy v. Ferguson decision that upheld the doctrine of “separate but equal. ” i For the most part, though, federal courts do have a great deal of respect for previous decisions. A very strong precedent called stare decisis (“let the decision stand”) directs judges to be cautious about overturning decisions made by past courts. i Judicial Activism versus Judicial Restraint Judicial Activism is an interpretation of the U.
S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court). While Judicial Restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power.