Unit 2 , Chapter 6 - (Judicial Branch) Flashcards
Original jurisdiction
Rules first on issues involving multi-state suits, “ambassadors, or other public ministers”.
Appellate Jurisdiction
Authority to hear and review decisions of lower courts on issues of federal law or constitution
Judicial Review
Can overturn laws or executive acts
This is not a part of the constitution - this is a power that the supreme court gave itself because of claimed enumerated/implied powers
Criminal Law
Harms society and prosecuted by government
Right to attorney, right to a trial by jury, etc.
Civil law
(usually financial) Harms individuals or corporations
What makes a majority decision?
Currently 5 out of 9 justices (number has changed over history)
Majority opinions create court holdings/rulings
Precedent
general rule from a holding that is applied to future cases (ex- Mucffokfglohoohhgh v. Maryland)
State Decisis
Allow previous precedent to stand (not change it)
Concurring Opinion
Agree w/ majority but for different reasons
Dissenting Opinion
Explains why minority disagrees w/ opinion
Appeals Courts
Can overturn rulings of lower courts
Writ of Certiorari
SCOTUS agrees to hear case (150/7000)
Oral Arguments
explain position and asked questions by justices
Amicus Briefs
Briefs and arguments submitted by interest groups
Originalism
Original intent of constitution should be used for
decisions
Textualism
Use only the factual text of the constitution
Living Constitution
Adapt and apply constitutional ideas for
current standards
balance of the court
Court balance has changed w/ presidential appointments
- Lifetime appointments create lasting policy impacts
- Court has to balance rulings and being “non-partisan”
Justice Parameters
All federal (national) judges are appointed for life (inc. trial and appeal courts0
Serve until die, retirement, or imoeached by the legislature
Judges slaaries may not be diminished or decreased while in office
How a judge becomes a judge
Must be appointed by President and confirmed by the US Senate
Rely on executive to follow and enforce judicial decisions
Influence can be reduced through expanding court
“good behavior”
Judges can be impeached and removed from office
Bribery, false statements, corruption, incompetence
Judicial Restraint
Argues that the court should not overturn previous precedent
Regrain from limiting the democratically elected branches
Do not create overarching policy decisions
Stare Decisis - let the decision stand!
Does not mean conservative!!
Judicial Activism
Argues court should be willing to overturn previous precedent
Limit executive and legislative powers
Establish rulings that can create new overarching policy
So basically. Their rulings will read a lot more like laws
Does not mean liberal !!
Checks and Implementations
Executive Branch can appoint justices with favorable philosophies
Can delay implementation of Courts ruling
States can delay implementation of court ruling (Brown v Board)
Legislative Checks
Pass a new modified law if previous federal law is overturned
Propose a constitutional amendment (ratified by states)
Pass legislation to expand or limit Supreme Court’s jurisdiction for future cases
When did historical court packing happen / what?
SCOTUS overturned many New Deal Provisions
FDR wanted to expand the court with supportive justices
Plan would have expanded SCOTUS to 15 judges
Add a justice for every judge over age of 70
Federal Judiciary
the branch of the federal government that interprets the laws of the nation
Supreme Court
the highest level of the federal judiciary, which was established in Article II of the Constitution and serves as the highest court in the nation.
Federalist no. 78
Alexander Hamilton argued that an independent judiciary was essential for preserving liberty and upholding the checks and balances of the constitution
In order to u[jold thism argued that federal judges should be appointed for life, and their salaries protected. Practice still stands today.
argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches. (assured sketpic anti-federalists)
Hamilton argues taht the judiciary will act impartially and is insulated from politics. He also argues that the judiciary is the weakest branch.
Caperton v. Massey Coal Co.
possible bribe in a court
Emphasizes that the court should be above politics
fed and state judges - how appointed?
Fed. Judges are appointed, state judges are elected
Original Jurisdiction
the authority of a court to hear a case first, which includes the finding of facts in the case
Appellate jurisdiction
the authority of a court to hear and review decisions made by lower courts in that system. - to overturn or revise that decision.
Marbury v. Madison (1803)
the Supreme Court decision that establoshed jusicial review over federal laws
Judicial Review
the authority of the Supreme Court to strike down a law or executive action if it conflicts with the Constitution
Federal District Courts
the lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level
Federal Court of Appeals
the middle level of the federal judiciary; these courts review and hear appeals from the federal district courts.
Judicial restraint
a philosophy of constitutional interpretation that justices should be cautious in overturning laws
Jusicial activism
a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies.
