{"id":98,"date":"2025-07-09T15:34:50","date_gmt":"2025-07-09T15:34:50","guid":{"rendered":"https:\/\/staging.routledgelearning.com\/americangovernment\/?p=98"},"modified":"2025-08-14T21:22:57","modified_gmt":"2025-08-14T21:22:57","slug":"chapter-12","status":"publish","type":"post","link":"https:\/\/staging.routledgelearning.com\/americangovernment\/chapter-12\/","title":{"rendered":"Chapter 12"},"content":{"rendered":"\n

The Federal Courts: Bulwark of the Constitution?<\/h2>\n\n\n\n
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This chapter dealt with the federal judiciary; it covered the historical development, structure, process and philosophy of judicial activity. It examined the historical evolution of the federal judiciary as to its civil and common law heritages, colonial\/early state legacies regarding an independent judiciary and the Founding Fathers\u2019 notions about the judiciary as the least dangerous branch. Next, it looked at the nomination\/confirmation process involving presidential nomination and senatorial confirmation, the federalized structure with a single national Supreme Court, 13 Circuit Courts of Appeals, and 94 District Courts; as well as the decision-making procedures regarding precedent and opinion that guide the doctrine of stare decisis<\/em> and serve as the basis for judicial opinions that justify positions held by justices relative to a judicial decision.<\/p>\n\n\n\n

The chapter also contained the political development of the judiciary from the Marshall Court\u2019s assumption of nationalism and judicial review, through the Taney Court\u2019s invocation of states\u2019 rights and its turn to laissez-faire property rights-oriented decision making.<\/p>\n\n\n\n

The twentieth century saw a movement toward social issues and individual rights with the \u201cswitch in time that saved nine\u201d during the FDR administration, which was expanded throughout the 1950s to 1970s. However, the conservative retrenchment of the Rehnquist Court and its possible continuance by the Roberts Court show us that court decisions reflect the partisanship, ideology, and judicial philosophy of the time.  In addition, the Roberts Court has highlighted the frequent role of Justice Kennedy as a swing vote between the court\u2019s liberals and conservatives when deciding the final disposition of several high-profile cases. <\/p>\n<\/div>\n\n\n\n

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Quizzes<\/h3>\n\n\n\n