Today's lesson focused on checks on the powers of the judiciary and the interaction of other branches of government with the judiciary . I outlined how the president checks the power of the courts through appointments and the theoretical option to not carry out the court's orders. The Senate checks the judiciary through the confirmation process, and Congress can check the judiciary through impeachment and by legislative action that can override or modify a court ruling. I provided examples of each. We then examined how cases reach the US Supreme Court through a petition for a writ of certiorari ,and how the individual justice's view of judicial activism or restraint impacts which cases the US Supreme Court agrees to hear.
We reviewed and discussed the definition and application of the terms: precedent, stare decisis, judicial review, and judicial activism. With respect to judicial review, I weaved into the lesson Federalist 78 and Marbury v Madison. We then analyzed how decisions of the US Supreme Court actually create policy ,not just outcomes for the litigants. Specifically, we noted how the court can apply a principle or statute to a new situation, and fashion expansive remedies . Last, we began our analysis on checks on the power of the Court by discussing the relationship between the Court and the president.
We explored the definitions and roles of precedent ,judicial review, and stare decisis in the context of Hamilton's Federalist 78. After discussing the importance of precedent to ensure fairness and consistency, we studied Hamilton's arguments in #78 as to why federal judges should have life tenure. I emphasized how Hamilton argued that the judiciary is the weakest of the 3 branches without the power of the purse or the power of enforcement. Yet, today the US Supreme Court often is the institution that establishes public policy through ordering expansive remedies. I distributed an article from the Times outlining all of the critical policy cases currently before the court . Last, we examined how and why Hamilton argued the courts inherently had and needed to have the power of judicial review in order to ensure the liberty of the citizens .
We continued to study the structure and jurisdiction of the federal court system. Matthew raised good questions about the distinction between a trial court and an appellate court which I addressed in terms of procedure and jurisdiction. Using the landmark case of Marbury v Madison we discussed the role of judicial review as well as the original jurisdiction of the US Supreme Court as well as the use of the petition for a writ of certiorari to seek review before the Supreme Court.
We began our study of the judiciary by examining Art III of the Constitution. As we parsed the provisions , I explained the concepts of original jurisdiction, appellate jurisdiction, federal question jurisdiction ,and diversity jurisdiction. We specifically noted the limited original jurisdiction of the
US Supreme Court and I highlighted that Congress controls the scope of federal court jurisdiction for all of the federal courts except the original jurisdiction of the Supreme Court. We then studied the structure of the federal court system: the district courts, the courts of appeal, and the Supreme Court. We looked at a jurisdictional map so that Matthew could visualize the court structure and discuss the geographical boundaries of the Courts of Appeal.
After the Back Death of the 14th Century, Europe’s population began to grow again in the 15th Century. Many new economies were based on market exchange, private ownership and the accumulation of capital for investment. Merchants were eager to bypass Venetian control of the Mediterranean and Muslim control of Indain Ocean trade. Led by Vasco de Gama, Portugal begins to establish an Indian Ocean trading network. This was called a trading post empire, but they didn’t dominate Indian Ocean trade, becoming heavily involved in “carrying trade.” This trading post empire declined steeply by 1600.The Spanish were the first to challenge Portugal and established themselves on the Philippine Islands where they became a colonial presence. Eventually, the islands become a major outpost for Christianity in Asia. Around 1600, the British & Dutch organize their Indian Ocean ventures through private trade companies: The British East and Dutch East India Companies.
