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It reviews judicial review from its origins in Marbury v. Madison, traces Supreme Court influence across historical eras, and analyzes the dual court system and the appeal pathway to Supreme Court review. 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The chapter explains how courts, particularly the Supreme Court, came to play a uniquely powerful role in forming public policy in this country and how that role has been played to very different effects at different stages of history. Other important considerations include how justices are selected, the jurisdictions ofthe various courts, and the steps that a case must go through on its way to Supreme Court review. The chapter concludes with an assessment of the power courts have in politics today, the limitations on that power, and why judicial activism seems to be on the increase. After reading and reviewing the material in this chapter, you should be able to do each of the following:  \n1. Explain what judicial review is, and trace its origin in this country to Marbury v. Madison.  \n2. List and comment on the three eras of varying Supreme Court influences on national policy from the days of slavery to the present.  \n3. Explain what is meant by a dual court system, and describe the effects it has on how cases are handled and appealed.  \n4. List the various steps that cases go through to be appealed to the Supreme Court, and explain the considerations involved at each level.  \n5. Discuss the dimensions of power exercised today by the Supreme Court and the opposing viewpoints on the desirability of activism by that court.  \n6. Develop arguments for and against an activist Supreme Court.  \nSTUDY OUTLINE  \nI. Introduction  \nA. Little public interest in judicial nominations but considerable congressional interest  \n1. As the power of the federal government has increased, so has the power of the federal courts  \n2. Expansion in federal policy has led to increased opportunities for federal judges to interpret such policies  \n3. Recent Supreme Court nominations-Thomas and Bork  \n4. The Nuclear Option and the Gang of Fourteen  \nB. Only in the United States do judges play so large a role in policy-making  \n1. Judicial review: right to rule on laws and executive acts on basis of constitutionality; chief judicial weapon in system of checks and balances  \n2. In Great Britain, Parliament is supreme  \n3. In other countries, judicial review means little  \na) Exceptions: Australia, Canada, West Germany, India, and a few others  \nC. Debate is over how the Constitution should be interpreted  \n1. Strict constructionist (interpretivist) approach: judges are bound by the wording of the Constitution  \n2. Activist (legislative) approach: judges should look to the underlying principles of the Constitution  \n3. Not a matter of liberal versus conservative  \na) A judge can be both conservative and activist, or vice versa  \nb) Today most activists tend to be liberal, most strict constructionists conservative II. The development of the federal courts  \nA. Founders’ view  \n1. Most Founders probably expected judicial review but not its large role in policymaking  \n2. Traditional view: judges find and apply existing law  \n3. Activist judges would later respond that judges make law  \n4. Traditional view made it easy for Founders to justify judicial review  \n5. Hamilton: courts least dangerous branch  \n6. But federal judiciary evolved toward judicial activism  \nB. National supremacy and slavery: 1789–1861  \n1. McCulloch v. Maryland: federal law declared supreme over state law  \n2. Interstate commerce clause is placed under the authority of federal law; conflicting state law void  \n3. Dred Scott v. Sandford: Negroes were not and could not become free citizens of the United States; a direct cause of the Civil War  \nC. Government and the economy: Civil War to 1936  \n1. Dominant issue of the period: whether the economy could be regulated by state and federal governments  \n2. Private property held to be protected by the Fourteenth Amendment  \n3. States seek to protect local businesses and ","cbCaimffqNlVgO5k","https://ap.wps.com/l/cbCaimffqNlVgO5k","pdf",142726,22,"English","# Reviewing the Chapter\n## Chapter Focus\n## Study Outline\n# Introduction\n## Little public interest in judicial nominations but considerable congressional interest\n## Only in the United States do judges play so large a role in policy-making\n## Debate is over how the Constitution should be interpreted\n# The development of the federal courts\n## Founders’ view\n## National supremacy and slavery: 1789–1861\n## Government and the economy: Civil War to 1936\n## Government and political liberty: 1936 to the present\n## The revival of state sovereignty\n# The structure of the federal courts\n## Two kinds of federal courts\n## Selecting judges\n# The jurisdiction of the federal courts\n## Dual court system","[{\"question\":\"What is judicial review, and how does Marbury v. 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