Judicial Power in the United States

Lagniappe Studies Unlimited - Spring, 2006

In this seminar we will examine the constitutional and political history of the power of federal judges in the United States.  Topics to be treated will include: the "strict" and "narrow" schools of textual interpretation; judicial invalidation of legislative and of executive actions; judicial power and federalism; and constitutional and political limitations on judicial power. 

I. The Constitution and Judicial Power

II. Judicial Review - Strict versus Broad Interpretation

III. The Exercise of Judicial Power over Legislative Action

IV. The Exercise of Judicial Power over Executive Action

V. Judicial Power and Federalism

VI. Limitations on Judicial Power



[NOTE: Some of the files below are PDF (Portable Data Format) files.  Click here to learn about PDF files.]

Understanding the Federal Courts

United States Courts (Offficial Site)

United States Supreme Court (Official Site)

U.S. Court of Appeals for the Fifth Circuit

U.S. District Court - Middle District of Louisiana

The Federal Judiciary in Louisiana:
  Court of Appeals for the Fifth Circuit
  Eastern District of Louisiana
  Middle District of Louisiana
  Western District of Louisiana

Marbury v. Madison (1803)

Marbury v. Madison (1803) - Article in Wikipedia

Oyez (Oral Arguments Online)

Cases and Codes (Findlaw)

Cornell Legal Information Institute

United States Supreme Court Resources (Collected by Findlaw)

Alexis de Toqueville, Judicial Power in the United States, and Its Influence on Poitical Society (ch. 6 of Democracy in America)

Understanding the Federal Courts

The Supreme Court of the United States (Encarta)

Federalist No. 78 (Hamilton)

Judicial Salaries [PDF]

Colbert I. King, "'Judicial Activism' to Be Thankful For" [Washington Post, October 29, 2005]

Judicial Approaches (September, 2005)

Justice Breyer's Book Reviewed (2005)

Richard Cohen, "Ivy-Covered Court" [Washington Post, November 15, 2005]

Darrell White, "Urge Congress to Rein in U.S. Judges," The Advocate, November 29, 2005, p. 6B. [HTML format] [RTF format] [PDF format]

James F. Gill, "Advice and Consent,"  America (October 31, 2005)

Nat Hentoff, "A Founding Father on Presidential Power"
Washington Post (February 21, 2006)

Federal Laws Declared Unconstitutional by the U.S. Supreme Court  [PDF]

Supreme Court Confirmation Frequently Asked Questions

"Polygamist] Judge Resigns as Asked," Salt Lake City Tribune (February 25, 2006)

"South Dakota Governor Says He Favors Abortion Ban Bill," New York Times (February 25, 2006)