Chapter 16: The Judiciary Flashcards
judicial review
The power of courts to declare laws unconstitutional
Strict-constructionist approach
The view that judges should decide cases strictly on the basis of the language of the laws and the Constitution
Activist Approach
The view that judges should discern the general principles underlying laws or the Constitution and apply them to modern circumstances
McCulloch v Maryland
state can’t tax a federal enterprise
constitutional court
A federal court authorized by Article III of the Constitution that keeps judges in office during good behavior and prevents their salaries from being reduced. They are the Supreme Court (Constitution) and appellate and district courts created by Congress
District Courts
the lowest federal courts; federal trials can be held only here
courts of appeals
federal courts hear appeals from district courts; no trials
legislative courts
Courts created by Congress for specialized purposes whose judges do not enjot the protections of Article III of the Constitution
senatorial courtesy
heavy weight is given to the preferences of the senators from the state where a federal distrcit judge is to serve
blue slip
senior senator from a state records opinion of district judge
litmus test
an examination of the political ideology of a nominated judge
federal-question cases
cases concerning the Constitution, federal laws, treaties
Diversity cases
Cases involving citizens of different states who can bring suit in federal courts
writ of certiorari
An order by a higher couty directing a lower court to send up a case for review
in forma pauperis
a methdo whereby a poor person can have his heard federal court without charge
