Unit 2C Vocab

Question 1

With separation of powers, courts are not influenced by either the legislative or executive branch; courts are free to make decisions based upon law

Answer 1

Independent Judiciary

Question 2

Federal judges keep their jobs until they retire or die; however, they can be impeached

Answer 2

Life Tenure

Question 3

The Supreme Court will hear a case if four justices agree to do so

Answer 3

Rule of Four

Question 4

The power of the courts to strike down laws that are unconstitutional

Answer 4

Judicial Review

Question 5

The Supreme Court established the power of judicial review, a power not specifically mentioned in the Constitution

Answer 5

Marbury vs Madison

Question 6

Latin phrase, “Let the decision stand.” The vast majority of Supreme Court decisions are based on precedents established in earlier cases; the court is highly reluctant to overturn previous rulings

Answer 6

Stare Decisis

Question 7

(1) broad court rulings based on political or personal beliefs (rather than the constitution) that make sweeping changes in law (2) rulings that are more likely to strike down state or federal laws

Answer 7

Judicial Activism

Question 8

Philosophy that the Supreme Court should use precedent and the Framers’ original intent to decide cases; reluctant to strike down laws; rulings should make the least amount of change necessary to correct the situation

Answer 8

Judicial Restraint

Question 9

Interpreting the words of the Constitution in a literal or narrow way; more powers left to the states

Answer 9

Strict construction

Question 10

A broad interpretation of the Constitution that acknowledges the difference between the time the Constitution was written and modern day; more powers to the national government

Answer 10

Loose construction

Question 11

Belief that the Constitution should be interpreted the way that the framers intended it to mean

Answer 11

Original intent

Question 12

The power to hear a court case for the first time

Answer 12

Original Jurisdiction

Question 13

The power to review a lower court’s decision on a case

Answer 13

Appellate Jurisdiction

Question 14

Temporary alliance of interest groups for the purpose of a common goal; formed to support or oppose a Supreme Court nominee

Answer 14

Coalition Building

Question 15

The President selects federal judges and the Senate confirms (or rejects) them

Answer 15

Judicial Appointment

Question 16

An informal (unwritten) tradition whereby the Senate will not confirm nominations for lower court positions that are opposed by a senator (of the president’s own party) from the state in which the nominee is to serve

Answer 16

Senatorial Courtesy

Question 17

Any one Senator may delay the confirmation of a federal judge

Answer 17

Hold

Question 18

Discusses the merits of life tenure and the power of judicial review; argues that the federal courts have the duty to determine whether acts of Congress are constitutional

Answer 18

Federalist No 78