| I'm not 100% about what your question is, but if it's what I think it is here is my answer?
The Federal Court boths checks and is checked by the Executative and Legislative Branch. The President checks the power of the Courts by appointing new members to fill vacancies, thus making it reflect his opinion more, as with Roosevelt succeeding in changing the character of the court by virtue of his long stay in office. Courts check the President's power by ruling on the legality of the President's actions, notably during the Nixon's presidency when the court forced Nixon to turn over tapes, dismissing his "executive privilege" argument.
The Federal Court checks the Legislative branch by using the power to rend unconstitutional laws null and void, a principle established John Marshall in Marbury v. Madison. The Legislative branch checks the court by
a) Having control over who is appointed to the bench, as per the "advice and consent" clause of the constitution.
b) Having the power to impeach justices, as happened to Samuel Chase during Jefferson's administration.
c) Having the power to propose Amendments to the Constituion, notably the 16th Amendment which was created in response to the Supreme Court declaring income tax laws unconstitutional.
Continuing on the Court theme
In recent years, federal courts have often been accused of "judicial activism".
a) Define judicial activism and cite one case from the past 50 years and another case from the 150 years prior to that that would fit your definition.
b) Describe two arguments used by proponents of "judicial activism.
c) Describe two arguments used by opponents of it. |