TOPIC 2.C: Judicial Branch Flashcards
FOR Judicial Activism
Protects liberties, watchdog and constitutional responsibility
AGAINST Judicial Activism
Not court’s responsibility, justices not appointed by the people
FOR Judicial Restraint
Facilitate, not create, Most cases need reference
AGAINST Judicial Restraint
Weakened federal system, cannot adequately protect liberty
Irony in judicial restraint
Judicial activism is needed prior in order to create a system that relies on judicial restraint
Ways to limit SCOTUS power
1) Constitutional Amendment to remove justice
2) Congress authorizing more justices appointed by president
3) Congress, president, or states ignoring decision
Five reasons why SCOTUS will grant writ of cert
1) New question posed
2) Court goes against precedent
3) Differences in state decisions
4) Split appeal decision
5) One appeal court made a different decision from another
Stare decisis
Act of establishing precedent
Writ of certiorari
When granted, SCOTUS will ask for a transcript of the case
SCOTUS and original jurisdiction
Mainly operates in appellate jurisdiction, circumstances of original jurisdiction are limited in the Constitution
Rule of four
Minimum of four justices must agree to hear the case
Amicus curiae briefs
Friend of court, written in support of one side or the other to persuade the court
Federalist 78
–> Explain/justify structure of judiciary
–> Protect liberty and people
–> Weakest branch
–> Life tenure frees from political pressures
–> Arbiter between other two branches
Marbury v. Madison
Judicial review is established by the court determining the unconstitutionality of the Judiciary Act of 1789
Constitutional Authority of SCOTUS
Found in Article III