U.S. Government and Civics / Unit 8: The Federal Courts
8.5 Selecting Judges and Judicial Philosophy
Notes
All federal judges are nominated by the president and confirmed by a majority of the Senate.
- The Senate Judiciary Committee holds hearings on nominees.
- Many states elect at least some of their judges; federal judges are never elected.
- Judicial restraint: judges should defer to elected branches and follow precedent, striking down laws only when they clearly violate the Constitution.
- Judicial activism: judges should be willing to strike down laws or overturn precedent to protect rights or correct wrongs. (Critics on all sides use "activist" to describe rulings they dislike.)
- Originalism: interpret the Constitution by its original meaning when written. Living constitution: interpret it in light of present-day conditions.
- Precedent can be overturned: Brown v. Board of Education (1954) overturned Plessy v. Ferguson (1896) for public schools.
Practice
How are justices of the Supreme Court chosen?
The Senate confirms nominees by majority vote.
A judge argues that the Constitution should be read according to what its words meant when they were adopted. This view is called:
Originalists focus on the original public meaning of the text.
A judge upholds a law she personally dislikes because she believes elected officials, not courts, should decide the issue. This reflects:
Restraint means deferring to the elected branches.
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