XV - Federal Courts Flashcards
judicial review
Check the power of other branches of gov’t and or/state gov’t
The foundation for powers of the judicial branch and how its independence checks the power of other institutions is found in
Article III of the Constitution
What does Article III state about the judicial branch?
The judicial power of the US shall be vested in one Supreme court, and in such inferior courts as Congress may from time to time ordain and establish.
Federalist No.78
Written by Hamilton in 1788 to discuss power of an independent judiciary
Marbury v Madison (1803)
“established the principle of judicial review empowering the Supreme Court to nullify an act of the legislative or executive branch that violates the Constitution”
What are the two basic types of cases?
Criminal
Civil
Criminal
Gov’t charges somebody with violating the law
Civil
dispute between two private parties (individual, organization, group, company)
The only punishment in civil cases is
Money
Plaintiff
One making the accusation
Who determines the if the plaintiff has standing to sue?
Court
Standing to sue
Plaintiff is the injured party and is involved
Can’t be represented by someone else
Defendant
One being sued or accused
amicus curiae
Briefs can be filed by people or groups who are not a party in a case
Goal of amicus curiae
Hope to influence the decision
Express POV on an issue
Amicus curiae is Latin for
“friend of the court”
Who has the power to create other federal courts?
Congress
Layers of federal courts
SCOTUS
Circuit Courts of Appeals
US District Court
District Courts
Typically the court of original jurisdiction
court of original jurisdiction
first court that hears a case
Determine the facts of the case
Court of Appeals/ Circuit Courts
Not all appeals will be heard
Appellate courts
Preside over cases on appeal from lower court
Do not review the facts of the case
Appellate jurisdiction
only review any legal issues
SCOTUS
final decision made
federal judicial appointments
Nominated by President & subject to Senate confirmation
How does federal judicial appointments relate to presidental power?
Allows President to have an impact well past their terms in office
How has divided gov’t impact judicial selection?
Made the process very contentious
Interest groups try to influence nomination
Senate Judiciary Committee
Holds a tremendous amount of power in Supreme Court confirmation process
Supreme Court confirmation process
Nomination Vetting First hearing Committee vote Debate on Senate floor filibuster Vote for cloture Final vote Nomination confirmed
Background of justices
Have historically not been representative of American population
Main factor in selecting judicial nominees
Like-minded ideology
Democratic president select individual with liberal leaning
Supreme Court
Highest court in land
SCOUTS composition
Currently 9 justices (since 1869)
Who has the power to change number of justices?
Congress
Cases before the SCOTUS
Controls which cases it will hear (usually around 80/ year)
Rule of 4
Only 4 SCOTUS justices needed to choose a case to be heard
What are the steps to a case?
Briefs written by attorneys Amicus curiae briefs Oral arguments Private discussion Decision
Two sides to SCOTUS decision
Majority opinion
Minority opinion
Each opinion has to
have a justice that writes an opinion that provides an explanation of their decision
Majority opinion
Most support
Decision takes effect according to law
Minority/ dissenting opinion
Legal argument of losing side
May be referenced in future cases
Concurring opinion
Justice may agree with outcome but may have a different legal reasoning that majority
Precedents & stare decisis
Play an important role in judicial decision making
Precedent
Established by majority opinion
Legal standard for future cases
Lower courts must follow legal ruling
SCOTUS is able to
overturn a precedent from prior SCOTUS decision
Overturning a precedent example
Brown v BoE (1954) overturned Plessy v Ferguson (1896)
Stare decisis is Latin for
“the decision stands”
Stare decisis
Principle of respecting precedent -> stability
Precedent should be causally overturned
What has lead to SCOTUS easblishing new/ rejecting existing precedent?
Ideological shifts in makeup of SCOTUS
John Marshall court
decided Marbury v Madison in 1803
Established judicial review
Increase in gov’t power
New Deal policies
Ruled unconstitutional by conservative court
FDR’s court-packing plan
Called for increase in number of justices on Supreme Court
Rejected by Congress
Warren Court (1953-1969)
Dramatic increase in individual rights/ civil liberties
Burger Court
Moved court in a more conservative direction
SCOTUS since 1980
Tilts conservative
Basis of decision
Justices often disagree on how to interpret Constitution
Originalism
Belief the court should interpret the Constitution as it was originally written
Living Constitution
Belief the words in Constitution must be understood within the context of times & they have a dynamic meaning
SCOTUS implementng decisions
Can’t implement decisions
Upheld by executive branch
Decisions
may or may not be enforced by gov’t
Example of SCOTUS decision not enforced
Most of South refused to integrate after Brown v BoE
How has unpopular or controversial decisions impact Court’s legitimacy & power?
Led to questions about Court’s legitimacy & power
Judicial restraint
defer to democratically elected legislatures
Judicial activism
Courts should play a large role in protecting the rights of minority
Restriction on SCOTUS
Congressional legislation to change impact of decisions Constitutional amendments Judicial appointments & confirmations President & states ignoring decisions Legislation impacting court jurisdiction
