Chapter 8 - The Judiciary Flashcards
Two Distinct Court System
Federal Court System - considers itself only with problems that break federal law)
State Court System (same thing but state law. Elect their judges)
If there’s a federal component, which is far-reaching, it goes to federal court.
SCOTUS
Top of the court hierarchy, just above U.S. circuit courts of appeals is right below.
Can get a case if they want it
Any decision is authority across the land
Split along ideological lines
Circuit Court Appeals
12 of them
Regionally divided
Ideologically distinct based on region
Presidential Nominates _____
All SCOTUS and Circuit Court of Appeals judges
Three Ways to Secure Judicial Independence
Judges are appointed for life
Judges are paid very well (no bribery)
Very difficult to fire for misconduct
Judicial Activism
Definitely a thing. But courts can’t challenge a law unless it’s brought to them.
SCOTUS Diversity
George Bush Jr. appointed only African-American
Literally all went to Yale or Harvard
It’s reactionary, not revolutionary in it’s decisions
Robert Bork and Harriet Myers
Rejected nominees.
Reagan started bad tradition of partisan nominees.
Marbury v Madison 1803
SCOTUS determined they have the right for judicial review. Basically empowered themselves.
This was radical at a time when legislative supremacy was popular across the world.
McCullough v Maryland 1819
SCOTUS determined that state laws had to follow federal laws.
Led to vast expansion of federal government due to the necessary and proper clause.
Necessary and Proper Clause
Congress has power to make laws that are necessary to fulfill its role as federal government given its responsibilities as laid out in constitution.
A Switch in Time Saves Nine
FDR was going to increase judges on the SCOTUS to 15 so he could nominate people who would support his New Deal. His party, the democrats, urged him not to. One judge changed his mind and accepted the New Deal so FDR wouldn’t do that.
2000 Election Controversy
They stopped a recount because each county had different rules and they wouldn’t have had time to change it so they went with the old count.
2010 Citizens United
Allowed for the creation of super PACs - corporations are the same individuals and can donate limitless amounts to a campaign.
2012 Obamacare
Plot twist - John Roberts voted for it to stay on.
