Chapter 14: Judiciary Flashcards
Explains how judicial branch will work
Article 3
The power to declare laws and acts unconstitutional
Judicial Review
Case where judicial review was established
Marbury v Madison (1803)
Authority of a court to hear the first case of a kind
Original Jurisdiction
What kind of cases federal courts can hear
Jurisdiction
Courts created by article 3
Constitutional courts
Specialized courts created by article 1
Legislative courts
Separate but equal doctrine
Plessy v Ferguson (1896)
Repealed Plessy
Brown v Board of Education (1959)
Nominated by president, confirmed by Senate
Appointment of SC justice
Approval by senior senator in a state or district
Senatorial courtesy
Criteria for SC to hear a case
Real and adverse case, disputants must have standing
One’s involvement or impact from an issue
Standing
Brings the case
Plaintiff
Process for free suit filing in SC
In Forma Pauperis
4 justices must want to hear a case
rule of 4
Judges discuss in private
Conference
Cases begin with…
briefs and oral arguments
Acceptance by SC of a case
Writ of certiorari
Concurring/dissenting
Agreeing/disagreeing opinions
Opinion of the court is…
majority decision
Final step in SC hearing
Final vote, AFTER opinions
Case brought by interest group with hopes of protecting or dismantling a law
Test case
Case brought on behalf of people similar to plaintiff
Class-action lawsuit
Sticking to ideals of Constitution
Strict Construction
Interpreting Constitution as is fit for today
Originalism
Follow the Constitution word for word
Textualism
Hamilton’s argument in F78
Judicial review is crucial for separation of powers
The basis for life terms in the SC
“good behavior”
The only ways out of an SC position
Retirement, impeachment by Congress, or death on the job
