Judiciary

Question 1

Where is the judiciary established in the Constitution?

Answer 1

Article III

Question 2

What does the judiciary not control?

Answer 2

Neither the purse nor the sword

Question 3

Judiciary act of 1789

Answer 3

Established the organization of the FEDERAL judiciary (state and local courts were already in place)

Defined court’s jurisdiction

established set number of judges as 6 (later amended to 9)

Question 4

Judicial Review

Answer 4

Supreme Court’s power to strike down a law established due to unconstitutionality

Marbury v Madison (1803)

Question 5

Precedence

Answer 5

Legal norms established by SCOTUS

Rulings do not typically deviate from norms

Question 6

How are federal judges selected?

Answer 6

Presidential nomination

“Advice and Consent” of Congress (ratification of candidate)

Question 7

How long are federal judges on the bench?

Answer 7

Life (provided they exhibit “good behavior”) or until they retire

Question 8

Strict constitution

Answer 8

SCOTUS interprets things based on how the founding fathers would have (more conservative judges)

Question 9

Living Constitution

Answer 9

SCOTUS interprets things based on the constitution as a “living document” and makes modern interpretations. (more liberal judges)