Judicial Nominations
What is the litmus test?
Questions asked of a potential candidate for high office, the answer to which would determine whether the nominating official would proceed with the appointment or nomination (Ensures that the president knows the ideology of a potential candidate)
How many circuit courts are there in the US?
11 Circuit Courts
How does the Supreme Court's power of judicial review affect the balance of power between the federal government and the states?
The Supreme Court's power of judicial review allows it to strike down state laws that are found to be unconstitutional, which limits the power of the states and enhances the power of the federal government.
Why is judicial review a necessity?
- This does not give the court more power than other branches but plays a crucial role in the checks and balances of the branches
- Judicial review has the power to invalidate laws that are unconstitutional
- Courts are a middle ground between the people and the legislature
- It is responsible for judicial review, the process of considering laws that are passed by congress and making sure they are fitting within the constitution.
- Constituion is the ultimate boss and supreme court plays as referee
What is Senatorial Courtesy?
It's the unwritten tradition for senates to nominate the lower court positions and the president to approve; individual senators have more say than the entire senate in this situation
What is the role of the U.S. District Courts in the federal court system, and how do they differ from the U.S. Courts of Appeals and the U.S. Supreme Court?
The U.S. District Courts are the trial courts of the federal court system, with jurisdiction over most federal cases, including civil and criminal cases. They differ from the U.S. Courts of Appeals, which hear appeals from the District Courts. District Court judges are nominated by the President and confirmed by the Senate, and they serve lifetime appointments. The District Courts are the foundation of the federal court system and play a critical role in the administration of justice.
How do Supreme Court appointments and vacancies impact the balance of power on the Court, and what factors influence the confirmation process?
Supreme Court appointments and vacancies can have a significant impact on the balance of power in the Court and can shape the direction of its decisions for future rulings. The confirmation process is influenced by a variety of factors, including the political climate, the ideological makeup of the president, the Senate, and the qualifications and judicial philosophy of the nominee.
Explain life during good behavior and why it's essential to Federalist 78
- As long as federal judges behave and uphold proper conduct they will hold their offices for life unless impeached for bad behavior
- Lifetime appointments are a necessity to keep this branch of government as independent and impartial as possible
- Lifetime appointments make it possible for federal judges to rule with impartiality and not have to worry about pleasing the people in hopes of reelection
What are three factors that go into a judicial nomination?
Political Ideology, Gender/Race, No Scandals, Having a good background in law and extensive background on the Constitution, Education, etc.
How do the U.S. District Courts contribute to the checks and balances system in the federal government, and what impact can their decisions have on public policy?
They can strike down laws that are unconstitutional and hold government officials accountable for violating the law. The decisions of the District Courts can also have a significant impact on public policy, as they can set legal precedents that influence future cases and shape the interpretation of laws. This can affect a wide range of issues, from civil rights and environmental protection to national security and immigration policy.
In what ways have recent Supreme Court decisions on campaign finance impacted the role of money in American politics? (Hint: Name the court case)
Recent Supreme Court decisions, such as Citizens United v. FEC, have expanded the ability of corporations, unions, and wealthy individuals to contribute unlimited amounts of money to political campaigns. These decisions have led to a significant increase in the amount of money in politics, with wealthy donors and special interest groups having significant influence over the political process. Critics of these decisions argue that they undermine the democratic process by giving disproportionate power to the wealthy and well-connected, while supporters argue that they protect the First Amendment rights of individuals and organizations to engage in political speech.
How did the ideas presented in Federalist 78 influence the development of the U.S. Supreme Court as an institution, and what impact has the Court had on American government and society?
Federalist 78, laid the groundwork for the understanding of the role of the judiciary in the American government. Its ideas on judicial independence, the power of judicial review, and the need for lifetime appointments have shaped the development of the U.S. Supreme Court as an institution. The Court has played a significant role in interpreting the Constitution, expanding individual rights, and resolving disputes between the federal government and the states, thus influencing the American government and society.
What is the process that goes into appointing and confirming a judicial nomination?
- President works with the Department of Justice (Attorney General), which approve potential candidates to fit the vacancy (A LOT OF BACKGROUND CHECKS)
- Candidate for position goes in front of Senate Judiciary Committee for a hearing (Intense interviewing and questioning process)
- Then finally, the Senate votes or filibusters (Minority party has a filibuster to block the judicial nomination)
How does the U.S. Courts of Appeals' process of judicial review help to maintain a balance of power between the federal government and the states?
When a state law is challenged in federal court, the Court of Appeals will consider whether the law is consistent with the U.S. Constitution, federal law, and legal precedent. If the Court of Appeals determines that the state law is unconstitutional or otherwise violates federal law, it can strike down the law and prevent it from being enforced. This process of judicial review ensures that state laws do not undermine the authority of the federal government or violate the rights of individuals.
How does the Supreme Court's power of judicial review impact the separation of powers between the three branches of government, and what are some examples of cases in which this power has been exercised?
The Supreme Court's power of judicial review allows it to declare actions taken by the other branches of government unconstitutional, thereby serving as a check on its power. This power can impact the separation of powers by allowing the Court to limit the actions of the legislative and executive branches and ensure that they comply with the Constitution.
Examples of cases in which this power has been exercised:
- Marbury v. Madison (which established the Court's power of judicial review)
- United States v. Nixon (which required the president to comply with a subpoena for evidence in a criminal trial)
- Bush v. Gore (which decided the outcome of the 2000 presidential election).
According to Federalist 78 how is the judiciary the least dangerous branch of government?
- The judicial branch only has the power of judicial review to check and balance the other branches
- The judicial branch has the least likely chance to annoy or injure the political rights of the constitution
- In order for the branch to operate it relies on the other two branches to be able to enforce or make laws illegal
- Judiciary doesn't control the military, the money, or make laws that citizens have to follow
Identify the two different types of judicial philosophy and define them.
Strict Constructionist - It’s best to look at the original context and opinion of the founding fathers when forming the Constitution. The overall view that judges should make the final decision on the basis of the specific language and meaning of the Constitution. (Republicans like strict constructionists and Democrats like loose constructionists)
- The idea that the core of the constitution is important to society, but society is always evolving and so should the constitution (broader powers to the federal government)
How do U.S. District Courts play a role in shaping the interpretation and evolution of federal law, and what are some possible challenges that they might face in this role?
As trial courts, District Courts have the authority to issue decisions that establish legal precedent and influence the development of federal law. However, District Courts face challenges in this role, including the need to balance the competing interests of the parties before them, navigate complex legal issues, and interpret vague or ambiguous legal standards. In addition, District Courts must also contend with the possibility that their decisions will be overturned on appeal, which can limit their impact on the development of federal law.
How has the Supreme Court's interpretation of the Commerce Clause evolved over time, and what impact has this had on the balance of power between the federal government and the states?
The Supreme Court's interpretation of the Commerce Clause, which gives Congress the power to regulate interstate commerce, has undergone significant changes over time. Initially, the Court interpreted the clause narrowly, limiting federal power and emphasizing state sovereignty. Recently, the Court began to adopt a broader interpretation, allowing the federal government to regulate a wide range of economic and social activities under the authority of the Commerce Clause. This has had a significant impact on the balance of power between the federal government and the states because it has expanded federal power and limited state authority in certain areas.
How has the U.S. Supreme Court's interpretation of the ideas presented in Federalist 78 affected the balance of power between the federal government and the states, and how has this impacted American society?
Through the use of judicial review, the Court has established federal supremacy in areas such as civil rights, voting rights, and environmental regulation. This has sometimes been seen as a violation of states' rights and has led to tensions between the federal government and the states.