The Supreme Court in Action & How It Can Be CHECKED [AP Gov Review Unit 2 Topic 10-11 (2.10 & 2.11)]

Summary

In this video, we delve into the Supreme Court's controversial decisions and their impact on its legitimacy. We explore judicial activism vs. restraint, using cases like Brown v Board of Education and Citizens United. We also discuss how the Court's decisions, such as Dred Scott v Sanford and Korematsu v United States, have been questioned. Finally, we cover ways the other branches of government can check the Court, including legislative amendments and presidential appointments.

Takeaways

• 🏛️ The video discusses the Supreme Court's legitimacy questioned by controversial decisions.
• 🤔 Judicial review and life tenure can lead to debates about the Supreme Court's legitimacy.
• 👨‍⚖️ 'Judicial activism' refers to courts establishing policy beyond the Constitution, often criticized.
• 📚 'Judicial restraint' means judges adhere strictly to the Constitution's written word, not making policy.
• 🏫 The Warren Court's decision in Brown v. Board of Education is an example of judicial activism.
• 💵 The Roberts Court's Citizens United v. FEC decision is seen as an activist ruling favoring certain political interests.
• 🚫 Judicial restraint can sometimes prevent necessary overturning of precedents, like in Plessy v. Ferguson.
• 📜 Dred Scott v. Sandford is a controversial decision that expanded slavery and questioned the Court's legitimacy.
• 🛑 Korematsu v. United States upheld internment of Japanese Americans, showing judicial restraint.
• 🚫 Roe v. Wade is a controversial decision that has led to questions about the Court's power.
• 🔄 Other branches can check the Supreme Court through laws, amendments, jurisdictional changes, and appointments.

Q & A

What is the main focus of the video script?

The video script focuses on discussing the Supreme Court's controversial decisions and how they have led to questions about the legitimacy of the court's power. It also explores how other branches of government can limit the Supreme Court's power.

What is meant by 'judicial activism' in the context of the Supreme Court?

Judicial activism refers to a court that acts to establish policy and considers the broad effects of a decision on society in its deliberative work. It is often seen as the court going beyond the constitution to establish the ideological will of the majority.

Can you provide an example of judicial activism mentioned in the script?

The liberal Warren Court's decision in Brown v. Board of Education, which led to the integration of schools and overturned the precedent of legal racial segregation, is given as an example of judicial activism.

What is the opposite of judicial activism called?

The opposite of judicial activism is called 'judicial restraint,' where justices believe that judges are not appointed to make policy and should only strike down laws that violate the actual written word of the constitution.

How can the legislative branch limit the Supreme Court's power according to the script?

The legislative branch can limit the Supreme Court's power by passing laws that modify the impact of prior Supreme Court decisions, through constitutional amendments, and by passing legislation that impacts the court's jurisdiction.

What is an example of a controversial Supreme Court decision discussed in the script?

Dred Scott v. Sandford is mentioned as a controversial decision where the court ruled that enslaved people were not citizens and could not sue for their freedom, effectively opening the entire nation to slavery.

How did the decision in Dred Scott v. Sandford impact the legitimacy of the Supreme Court?

The decision in Dred Scott v. Sandford led to questions about the court's legitimacy as it was seen as a group of unelected judges overturning a law that was keeping slavery confined to the south, leading to concerns about the political and economic power of slave states.

What is another way the executive branch can check the Supreme Court's power as mentioned in the script?

The executive branch can check the Supreme Court's power by not enforcing the decisions handed down by the court, as allegedly demonstrated by President Andrew Jackson's response to the court's decision regarding the removal of Cherokee Indians from Georgia.

What is the significance of the term 'life tenure' in relation to the Supreme Court?

The term 'life tenure' refers to the fact that Supreme Court justices serve for life, which can lead to debates about the legitimacy of the court's power, especially when controversial decisions are made by justices who are not accountable to the electorate.

Can you explain the concept of 'judicial restraint' using an example from the script?

The concept of 'judicial restraint' is exemplified by the court's decision in Plessy v. Ferguson, where the court upheld the 'separate but equal' doctrine, showing a reluctance to overturn precedents that needed to be overturned, even when they violated civil rights.

How can the Supreme Court's decisions be checked by the legislative and executive branches?

The Supreme Court's decisions can be checked by the legislative branch through modifying laws, constitutional amendments, and altering the court's jurisdiction. The executive branch can check the court by appointing justices with different views and, in some cases, by not enforcing the court's decisions.