Chapter 13: Judicial Politics

Question 1

The federal judicial power extends to any case arising under the

Answer 1

Constitution and federal law and treaties, to cases in which federal official or foreign governments are involved

Question 2

The Constitution gives the federal judges power through their

Answer 2

Independence

Question 3

Federal judges serve

Answer 3

For life (barring the commission of any impeachable offenses)

Question 4

Judges are appointed as

Answer 4

Not elected

Question 5

Judicial power is the power to decide what

Answer 5

The Constitution and law of the Congress really mean

Question 6

Judicial Review

Answer 6

Power of the federal courts, especially the Supreme Court, to declare wars of Congress, laws of states, and actions of the President unconstitutional or invalid

Question 7

Judicial Review is not explicitly stated in

Answer 7

The Constitution but is referred to by it

Question 8

The Supreme Court created

Answer 8

The power of judicial review in the case of Marbury v. Madison

Question 9

The courts make policy in their

Answer 9

Interpretation of federal laws, treaties, and the Constitution

Question 10

Since some laws are intentionally vague, Congress allows the courts to

Answer 10

Read meaning into the terms thereby making policy in doing so

Question 11

Judicial self-restraint

Answer 11

Judges should not read their own philosophies into the Constitution and should avoid direct confrontations with Congress, the president, and the states whenever possible

Question 12

Original Intent

Answer 12

The doctrine of original intent the values of the Founders as expressed in the text of the Constitution and attempts to apply these values to current conditions

Question 13

Original Intent: The supporters of original intent argue that

Answer 13

The Supreme Court should not set aside laws made by elected representatives unless they conflict with the Founders’ original intent

Question 14

Proponents argue the use of the Doctrine of Original Intent used by

Answer 14

Judicially self-restrained judges will lead to decisions that agree with the U.S Constitution

Question 15

Proponents argue it will protect the Constitution from being changed due to

Answer 15

Popular but sometimes transitory sentiment in society

Question 16

Opponents argue it

Answer 16

Use will lead to make it too difficult to change the Constitution to reflect the changes in contemporary society

Question 17

Judges who set aside laws that do not accord with

Answer 17

Their personal views of today’s moral standard are substituting their morality for that of elected bodies

Question 18

Judicial activism: The idea behind judicial activism is that

Answer 18

The Constitution is a living document whose strength lies in its flexibility, and judges should shape constitutional meaning to fit the needs of contemporary society

Question 19

Proponents argue it allows the court to

Answer 19

More easily change the U.S Constitution to reflect the value norms of contemporary society without having to go through the problematic formal amendment process

Question 20

Opponents argue it can lead to

Answer 20

Court decision that are in fact unconstitutional

Question 21

Opponents argue it allows the U.S Constitution to be changed subject to

Answer 21

The popular but sometimes transitory whims of society

Question 22

A judicial principle that the issue has already been decided in

Answer 22

Earlier cases and the earlier decision needs only to be applied in the specific case before the court

Question 23

A sequence of judicial decisions based on

Answer 23

State decisions creates a legal precedent

Question 24

Precedent

Answer 24

Principle that previous decisions should determine the outcome of current cases

Question 25

Precedent creates

Answer 25

Stability in the law

Question 26

Jurisdiction

Answer 26

The power of a court to hear a case in question

Question 27

Original jurisdiction

Answer 27

A particular court’s power to serve as a place where a given case is initially argued and decided

Question 28

Appellate jurisdiction

Answer 28

A particular court’s power to review a decision or action of a lower court

Question 29

Appeal requests that

Answer 29

A higher court review a case decided by a lower court

Question 30

Structure and Jurisdiction of Federal Courts

Answer 30

1) The Federal Court system has 3 level
2) The U.S Supreme Court
3) The U.S Court of Appeal (12)
4) The U.S District Court

Question 31

The U.S Supreme Court: The final interpreter of all matters involving

Answer 31

The Constitution and federal laws and treaties, whether the case began in a federal court or in a state court

Question 32

Has complete discretion:

Answer 32

It can be determine whether to accept an appeal and consider a case

Question 33

It decides to take cases that present a

Answer 33

“Substantial federal question” or where the federal courts of appeal are deciding a similar issue differently

Question 34

The Rule of Four

Answer 34

Four of the nine justices on the Supreme Court must agree to hear the case on appeal

Question 35

U.S Supreme Court: When the U.S Supreme Court accepts an appeal from

Answer 35

A state supreme court, the case goes directly to the U.S Supreme Court, it does not start at the district court level

Question 36

Appeals from State Courts:

Answer 36

These cases normally involve the application of the Constitution or a federal law

Question 37

Appeal from State and Federal Courts

Answer 37

About 8,000 cases are appealed to the U.S Supreme Court each year, only about 125 are accepted and decided

Question 38

Courts of Appeal

Answer 38

They do not hold trials or accept new evidence, but consider only the records of the trial courts and oral or written arguments submitted by attorneys

Question 39

District Courts

Answer 39

The federal trial courts and these conduct civil and criminal trials

Question 40

Presidents try to nominate judges who share their

Answer 40

Political philosophy

Question 41

A Litmus test refers to

Answer 41

Recruitment based on nominee’s stance on a single issue

Question 42

Modernly, presidents and senators deny using a

Answer 42

Litmus test and the single issue is abortion

Question 43

Republican presidents have denied using a litmus test but have insisted that

Answer 43

Nominees generally support a philosophy of judicial self-restraint

Question 44

All presidential nominations for the federal judiciary, including the Supreme Court, are sent to the

Answer 44

Senate for confirmations

Question 45

The Senate Judiciary Committee holds a hearing, votes on the nomination, and then report to the full

Answer 45

Senate, where a final confirmation vote is taken

Question 46

In the past, most senators believed presidents deserved to

Answer 46

Appoint their own judges, the opposition party would get its chance when it won the presidency

Question 47

Only if the Senate found the nominee participated in a

Answer 47

Scandal had religious or racial bias, or was incompetent, would it not confirm the nominee

Question 48

Modernly, publicity and partisanship over the confirmation of Supreme Court nominees have

Answer 48

Increased markedly in recent years, asking the nominee their positions on a whole host of issues, even when answering these questions would require the nominee to violate judicial rules of conduct

Question 49

The political views of the Supreme Court justices have

Answer 49

An important influence on Court decisions

Question 50

Justices are influenced primarily by their

Answer 50

Ideology, but public opinion, the president’s position, and the arguments of interest groups all contribute to the outcome of the case

Question 51

The Supreme Court lags behind

Answer 51

Public opinion

Question 52

Presidential influence: The U.S Solicitor General presents

Answer 52

The government’s (the president’s) case when it is a party to a lawsuit

Question 53

Interest group influence: Have become

Answer 53

A major presence in S.CT. cases, Planned Parenthood, the NAACP, and the ACLU sponsor many cases themselves