Other Important Topics

Question 1

How is The U.S Court System divided?

Answer 1

• The U.S. court system is divided into state and federal courts

Question 2

The highest appellate court in the U.S.

Answer 2

The Supreme Court is the highest appellate court in the U.S.

Question 3

Who does The Supreme Court Hear Cases From?

Answer 3

The Supreme Court can hear cases from both state and federal courts.

Question 4

State v Federal Courts

Answer 4

1.) State: Hear cases involving state laws, such as criminal matters, family law, and local disputes. State courts have general jurisdiction, meaning they can hear almost any type of case.
2.) Federal: Hear cases involving federal laws, the United States Constitution, and disputes between states or countries. Federal courts have limited jurisdiction, meaning they can only hear certain types of cases.

Question 5

Writ of Certiorari

Answer 5

• a case may reach the Supreme Court through a writ of certiorari, where the Court decides to review a case from a lower court.
• allows a higher court to review a lower court’s decision

Question 6

Supreme Court Justices Appointment Process

Answer 6

• Justices are appointed by the President and confirmed by the Senate.
• Political actors and party affiliations often play a major role in the appointment process.

Question 7

The Politics of the Supreme Court

Answer 7

Legitimacy of the Court can be affected by political or social trends, with public perception influencing how justices are viewed.

Question 8

The Role of the Court in Politics

Answer 8

The Supreme Court plays a critical role in shaping political policy and often addresses issues that may have political consequences (e.g., Citizens United)

Question 9

The Process of Appointing Supreme Court Justices

Answer 9

1.) The President: The President nominates justices to the Supreme Court
2.)The Senate: Once the President nominates a candidate, the Senate must confirm the nomination.
3.) Political Partisanship vs. Judicial Neutrality: The appointment process can become highly partisan, especially when the President and Senate are controlled by different political parties

Question 10

Legitimacy of the Supreme Court

Answer 10

Legitimacy: The legitimacy of the Supreme Court refers to the perception that the Court is acting impartially and within its constitutional authority. The Court derives its legitimacy not only from the Constitution but also from public trust and respect for its decisions.

Question 11

Sandra Day O’Connor:

Answer 11

Sandra Day O’Connor, the first female Supreme Court Justice, is often cited as an example of a justice whose political inclinations evolved over time. Appointed by President Reagan in 1981, she was initially considered a conservative, but her swing vote in many critical cases, such as Planned Parenthood v. Casey (1992) and Bush v. Gore (2000), demonstrated her willingness to take a more pragmatic, middle-ground approach. O’Connor was often the deciding vote on many controversial issues, and her votes were sometimes unpredictable, reflecting the complexities of her judicial philosophy.

Question 12

Judicial Philosophy and Political Leanings:

Answer 12

Each Supreme Court Justice brings their own personal and political philosophy to the bench, which can be influenced by their life experiences, educational background, and political leanings. However, Supreme Court justices are expected to set aside personal politics when making decisions and instead interpret the law and the Constitution impartially.

Question 13

Judicial Politics:

Answer 13

Justices’ decisions can reflect their personal judicial philosophies, which often align with broader ideological or political trends. For instance, justices appointed by Republican presidents are often viewed as conservative, while those appointed by Democratic presidents are seen as more liberal, although the reality is more nuanced. The individual political inclinations of justices can be significant in determining the direction of the Court on important issues like abortion, civil rights, and executive power.

Question 14

How Does the U.S. Court System Reflect the Principles of Federalism?

Answer 14

The U.S. court system reflects this principle by having both state courts and federal courts, each with distinct jurisdictions, but with some overlap in the cases they can hear.

Question 15

Federal Courts

Answer 15

Federal courts deal with cases arising under federal law, the U.S. Constitution, and certain types of disputes between states or citizens from different states. Federal courts are structured into:
1.) District Courts (the trial courts for federal cases),
2.) Circuit Courts of Appeals (the appellate courts for federal cases),
3.) The U.S. Supreme Court (the highest court in the country, which reviews cases of national significance).

Question 16

State Courts

Answer 16

handle cases arising under state laws, including criminal, civil, probate, family, and contract law, among others

1.) Trial Courts (where cases are first heard),
2.) Appellate Courts (which review decisions from trial courts),
3.) State Supreme Court (the highest court in a state).

Question 17

Which Jurisdiction – Federal or State – Is Supreme?

Answer 17

Federal Jurisdiction takes precedence over state jurisdiction in certain cases, particularly those involving federal laws, constitutional issues, and disputes between states or between citizens of different states (diversity jurisdiction).
Supremacy Clause (Article VI, Clause 2):

Question 18

State Court Appeal Process

Answer 18

After a trial court decision, a party can appeal to a state appellate court, and if necessary, to the state supreme court. Some state supreme courts may have the final say, though they can sometimes certify questions of state law to the U.S. Supreme Court if federal questions are involved.

Question 19

Federal Court Appeal Process

Answer 19

After a trial in a federal district court, the case can be appealed to a federal court of appeals (circuit court). The U.S. Supreme Court may choose to hear the case if it involves significant legal questions or issues of national importance.

Question 20

How a Case Reaches The Supreme Court

Answer 20

-Most cases come to the U.S. Supreme Court by writ of certiorari. A party petitions the Court to review a lower court’s decision. The Court only accepts cases that meet specific criteria, including legal significance, conflicting rulings across circuits, or important constitutional issues.
- If four of the nine justices agree to hear the case, the writ is granted, and the case is put on the Court’s docket.

Question 21

Is The Supreme Court the Least Dangerous Branch

Answer 21

-Alexander Hamilton, in Federalist No. 78, described the judiciary as “the least dangerous branch” because it lacks the power to enforce laws or raise revenue; its power is primarily limited to interpreting the law.
-Over time, however, the role of the judiciary, especially the U.S. Supreme Court, has expanded. The Court now has the power of judicial review
-he shift from being seen as the least dangerous branch to one with immense power reflects how the Court’s decisions increasingly affect national policy and individual rights.