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
