Unit 2: exam - the judiciary Flashcards
where is the judicial branch in the constitution
article 3
what are qualifications
there aren’t any
what was the court originally deemed as and why
it was deemed as the “least powerful branch” because they had “no influence over either the sword or the purse”
what does, “no influence over either the sword or the purse” mean
SCOTUS had to rely on the other branches to carry out their rulings
Fed No. 78
why would SCOTUS be politically impartial
- they are on the bench for life, so there isn’t a need to sway to peoples favor
what does the life term protect SCOTUS from
- pressure of factions
- Political pressure
John Marshall and the Court
how are courts in the US organized
- dual court system
- majority of cases revolve around state law
Supreme Court
Jurisdiction
primarily appellate jurisdiction, with limited original
Appellate Court
Jurisdiction
- Appellate jurisdiction
- 12 geographical courts (1 special)
District Court
Jurisdiction
- Original jurisdiction
- where most federal cases are heard
- trial courts
stare decsis
“let the decision stand”
- aka precedent
what may determine the overturning of a precedent
the ideological makeup of the court
why were the antifeds concerned abt the power of the supreme court
by the power of judicial review, and the ideological makeup of the court, the decisions made can have far reaching effects
when does the legitimacy of the court get questioned
when the decisions made by the court effect the population
judcial activism
the court acts to establish policy and considers the broad effects of a decision on society
- can overturn precedents
judicial restraint
the belief that judges are NOT appointed to make policy
- laws should be struck down ONLY if it violates the WRITTEN WORD of the Constitution (not based upon societal effects)
- supports precedent and stare decsis
how can the court be checked by congress
- congress passes laws that modify the impact of prior decisions (ex. U.S v. Lopez)
- Constitutional amendments
- Passing legislation that impacts the courts jurisdiction (altering the appellate jurisdiction)
how can the court be checked by the president
- Judicial appointments
- not enforcing SCOTUS’s decision
