APGov 4 Flashcards
Supreme Court
Consists of nine justices, each appointed by the President and confirmed by Congress. The appointment is for life. Supreme Court exercises the power to determine the constitutionality of statutes
Precedent
An example that may serve as a basis for imitation or later action
Stare decisis
Let the decision stand; decisions are based on precedents from previous cases
Judicial Review
Allows the court to determine the constitutionality of laws
Judicial Activism
A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground.
Judicial Restraint
A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures
Original intent
A view that the Constitution should be interpreted according to the original intent of the framers. Many conservatives support this view.
Senatorial Courtesy
Senators from president’s party review appointee for state and can reject
Litmus Test
A test of ideological purity used by recent presidents in selecting and senators in confirming judges to nominate to federal courts.
Ways other branches can check the power and rulings of the supreme court
Legislative Branch can create an amendment
Executive Branch can refuse to enforce a ruling by the Court
The judicial nomination process
-Nominations are made by the President and then confirmed by the Senate
-Contentious because justices serve life-terms, and life terms means influence long after the president’s term is over
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Marbury v. Madison
Established Judicial Review
The difficulty the judicial branch faces in the policy implementation process
The Supreme Court must rely on other branches of government to enforce its rulings